<Services of the Sylvanian Families Newsletter>
The terms and conditions of the membership agreement (hereinafter “this Agreement”) for the Sylvanian Families Newsletter (hereinafter “the Club”) implemented and operated by Modern Brands Pty Ltd. (hereinafter “the Company”) are stipulated as follows:
Article 1 (Definitions)
- “Member” means an individual who has agreed to the terms and conditions of this Agreement and is registered as a member of the Club upon the completion of the procedures prescribed by the Company.
- The “Service” means the overall service provided to Members of the Club, including Sylvanian Families product information, membership benefits, use of content and game playing.
- This Agreement, etc.” refers collectively to this Agreement, the points to remember when using the Company’s website, and other agreements, guidelines and so forth stipulated by the Company.
- “Membership Information” means personal information disclosed to the Company by a Member and the history of transactions, etc. undertaken by a Member.
Article 2 (This Agreement)
This Agreement is applicable to and binding on all Members during the membership registration process and after the completion of registration.
Article 3 (Use of the Service)
A Member may use the Service in accordance with the terms and conditions of this Agreement.
Article 4 (Membership Registration)
- Membership qualification
An individual who has agreed to the terms and conditions of this Agreement and submitted the prescribed application for membership shall qualify for membership upon the completion of the prescribed registration process. Any person wishing to become a Member shall follow the registration process. It is not permitted for the registration process to be undertaken by an agent. If a person aged 15 years or under wishes to apply for membership, parental consent will be required. A person may be prevented from registering as a Member if he or she has had a membership cancelled in the past or if the Company determines that he or she is not eligible for membership.
- Entering membership information
When you follow the procedures for membership registration, please read the matters requiring attention when completing the prescribed form and enter the necessary information in the input form correctly.
Article 5 (Facilities and Equipment)
A Member shall be solely responsible for and bear all expenses related to making preparations to use the Service, including hardware and software and the conclusion of the agreements necessary for establishing Internet connectivity so that the Member can use the Service.
Article 6 (Change of Membership Information)
- If there is any change in the registered membership information, including the name and address, the Member shall promptly register the change with the Company.
- The Company shall not be liable in any way for any damage arising out of a Member’s failure to register any change of membership information. Even if a Member has completed the registration of the change of membership information, a transaction for which the relevant procedures were already completed before such registration shall be executed in accordance with the previously registered information before any change is registered.
Article 7 (Membership Withdrawal)
If a Member wishes to withdraw from membership, he or she will be required to delete his or her membership information. Upon the completion of the prescribed withdrawal procedures, his or her membership shall be cancelled.
Article 8 (Loss of Membership Qualification and Obligation to Provide Compensation)
- If a Member registers false membership information or if there is any other reason based upon which the Company determines that it is inappropriate to maintain a person’s membership, the Company may revoke the Member’s membership.
- If a Member undertakes any of the following acts, that Member shall be responsible for compensating for the damage incurred by the Company due to such act:
- (1)Obstruction of the Company’s business by accessing this webpage to alter information or by transmitting a harmful computer program onto this webpage;
- (2)An act that infringes the intellectual property rights of the Company;
- (3)An act for the purpose of the commercial use of the Service; or
Article 9 (Handling of Membership Information)
The Company shall manage the personally identifiable information contained in the membership information (hereinafter “Personal Information”) in accordance with the Sylvanian Families Newsletter’s Policy on the Protection of Personal Information (http://domain/policy/). The Company may use Members’ Personal Information for the purpose of providing a service to the Members, improving the contents of its service, promoting the use of its service and ensuring the sound and efficient operation of its service.
Article 10 (Provision of Information)
The Company may provide information (including advertisements) to Members through mail magazines and other means. If a Member does not wish to receive such information, it shall be discontinued upon notification to that effect according to the method prescribed by the Company; provided, however, that the provision of information necessary for the operation of the Service may not be discontinued at a Member’s request.
Article 11 (Prohibited Matters)
A Member may not undertake any of the following acts in connection with his or her use of the Service:
- (1)Violation of laws and regulations or this Agreement, matters requiring attention when using the Service, and any other terms and conditions of this Agreement, etc.;
- (2)An act that harms the rights, interests or honor of the Company and any third party;
- (3)An act that may have an adverse effect on the minds and bodies of young people and children or any other act that is offensive to public order and morals;
- (4)An act that is a nuisance to other users and any other third party or that makes them feel uncomfortable;
- (5)Provision of false information;
- (6)Transmission or posting of a harmful computer program, e-mail, etc.;
- (7)Illegal access to servers and other computers of the Company; or
- (8)Any other act that the Company deems inappropriate.
Article 12 (Interruption / Suspension of Service)
The Company may suspend the provision of the Service in whole or in part without prior notice if one of the following is applicable for maintaining the sound operation of the Service. The Company shall not be liable in any way for damage that may be incurred by Members due to such interruption or suspension of the Service.
- (1)If periodic or emergency system maintenance operations become necessary;
- (2)If load concentration on its systems occurs;
- (3)If the operation of its systems becomes difficult due to a fire, power failure, act of sabotage by a third party, etc.; or
- (4)Under other circumstances that the Company determines as making it unavoidable for the systems to be shut down.
Article 13 (Change or Abolition of the Service)
The Company may change or abolish, at its own discretion, part or all of the Service, as appropriate, without prior notice. The Company shall not be liable in any way for damage that may be incurred by Members due to such change or abolition of the Service.
Any dispute relating to this Agreement shall be instituted in the district court with jurisdiction over the location of the head office of the Company as the agreement jurisdictional court of first instance under exclusive contract.
Article 14 (Copyright)
- A Member acknowledges that the copyrights of information (including video images, audio data, text data, etc.; with the same to apply hereinafter) provided through the Service by the Company belong to the Company or a third party that has provided such information to the Company.
- A Member may use the information provided through the Service by the Company for the Member’s personal use only. A Member may not use such information for commercial purposes, or transfer it to other persons, or post it on a webpage, etc. that can be viewed by the general public.
Article 15 (Indemnification)
- The Company shall not be liable in any way for any damage due to the interruption, delay or suspension of its systems that results from a failure in communication circuits or computers, the loss of data, or illegal access to data, or for any other damage whatsoever that may arise out of the service of the Company and may be incurred by the Members.
- The Company does not warrant or guarantee that e-mail messages and content transmitted from the Company’s webpage, servers and domains do not contain anything with contaminating or destructive properties such as computer viruses.
- The Company shall not be liable in any way for any damage due to a Member’s violation of this Agreement, etc.
- The Company does not warrant or guarantee the completeness, accuracy, or usefulness of the contents of the Service and any information that a Member may obtain through the Service.
- The Company shall not be liable in any way for any damage arising out of the content of the information provided to Members through the Service or due to any other reason whatsoever.
- The Company shall not be liable in any way for a Member’s not being able to use all or part of the Service due to a reason attributable to the responsibility of a Member or a third party other than the Company.
Article 16 (Revision of this Agreement)
The Company may revise this Agreement at its sole discretion, or introduce a supplementary agreement (hereinafter “Supplementary Agreement”). Revisions or supplements made to this Agreement shall be effective upon posting the revised version of this Agreement or the Supplementary Agreement on the Company’s webpage. In this case, a Member shall comply with the terms and conditions of the revised version of this Agreement and the Supplementary Agreement.
Article 17 (Prohibition of Assignment)
A Member may not transfer to any third party his or her status as a Member and his or her rights and obligations hereunder without obtaining the prior consent of the Company.
Article 18 (Governing Laws)
The formation, effect, execution and interpretation of this Agreement shall be governed by the laws of Australia.
Article 19 (Jurisdiction)
Any dispute relating to this Agreement and the Service shall be instituted in the court with jurisdiction over the location of the head office of the Company as the agreement jurisdictional court of first instance under exclusive contract.