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I spend $ per month on GI Joe collectibles.
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G.I. Joe Collectors’ Club™ Member Service Agreement

Terms and Conditions - Updated August 2007

Welcome to Fun Publications, Inc.'s on-line community and related services (the "Services"). Fun Publications, Inc. and its affiliates and subsidiaries ("Fun Publications" or "we") provide the Services to you subject to this Member Service Agreement (this "Member Agreement"), which you must read and accept in its entirety before using our Services.

Just as Fun Publications, Inc. adheres to a high standard of quality in our products that you can trust, we have developed a Standard of Conduct for participation in the G.I. Joe Collectors’ Club (GIJCC) and related activities.  It outlines liabilities and obligations that you agree to assume each time you use our Service. And it highlights certain rights that we reserve so that we can ensure that our Service will be an enjoyable Internet experience. GIJCC Club membership can be terminated at any given time by the member.  Please note that once accepted by you, this Member Agreement is a legally binding document.

Once you read the entire Member Agreement, if you agree to all of its terms, then select the button “I accept”. By doing so, you'll be bound by this Member Agreement whenever you use our Service.

This Member Agreement may be updated from time-to-time and will be reposted to our site.  When we make these changes to this Member Agreement there will not be any prior notice to you. Our updates, modifications, and changes will be binding on you from the time that they are posted. You can review the most current version of this Member Agreement on our website, and we urge you to do so on a regular basis. Any changes that we make to this Member Agreement will be binding on you even if you fail to read them. It's your responsibility to read this Member Agreement and keep apprised of all changes to it. If you don't accept this Member Agreement where indicated, then you can't use our Service.

1. Our Service
Our Service includes a broad range of features, and these features will vary from time-to-time. Unless we expressly tell you otherwise, all new features that we provide to modify, supplement, or improve our current Service will be subject to this Member Agreement. Although we do not charge for using all of our Services, we reserve the right to charge for your use of the Service (or any portion of it) in the future and, regardless of whether or not we charge for our Service, you must obtain access to the World Wide Web at your own cost in order to use our Service.

2. Eligibility and Your Registration Obligations
You are eligible to register and become a member no matter what your age, however, if you are under 18 years of age, you will not have access to our discussion forums. You must provide truthful, complete information (the "Registration Information") on our online registration form. You also must update your User Profile to keep the Registration Information truthful and complete. If you provide us with any Registration Information or other information that isn't truthful, complete, or up-to-date, or if we have grounds to suspect that any of it isn't truthful, complete, or up-to-date, then we may suspend, terminate, or take any other legal action with respect to your account. If you share your password with any other person, then you assume complete responsibility for that 'use of our Service, including, without limitation, your obligations in Sections 3 and 4 of this Member Agreement. We reserve the right to refuse use of our Service (or any portion of it) by you or any third party.

3. Content on the Service
All information, data, text, software, music, sound, photographs, graphics, video, messages, statements, opinions, and other information or materials that you find at www.GIJoeClub.com and that does not originate directly from Fun Publications (the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the party from whom that Content originated. This means that you, and not Fun Publications, are fully responsible, and are legally liable, for all Content that you upload, download, post, make available, or otherwise transmit (via e-mail, or otherwise) on the Service. We don't assume any obligation to review or control the Content posted by users of the Service or otherwise, nor do we, either expressly or implicitly, warrant or make any assurance about the accuracy, source, quality, or integrity of any such Content. In addition, visitors to our website and other users of our Service may have access to Content that you upload, post, or otherwise make available and might copy, modify, or exploit it. We will not be liable, and we disclaim all liability, in connection with any such use of any Content by visitors to or users of our Service.

While using the Service, you may be exposed to Content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any Content and your exposure to any Content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such Content. We will not be liable, and we disclaim all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the Service or any Content posted to, downloaded from, or otherwise made available through the Service, whether that Content is posted to, downloaded from, or otherwise made available through the Service by Fun Publications, you, another user, or any other third party.

The community of users of the Service may include moderators, many of who may not be affiliated in any way with Fun Publications and may be users of the Service just like you. Without limiting the generality of the preceding two paragraphs, (a) if you view or participate in moderated message boards, then you may receive Content from the message board moderators, (b) we don't assume any obligation to review or control any Content posted on the message boards or any Content from message board moderators, nor do we, either expressly or implicitly, warrant or make any assurance about the accuracy, source, quality, or integrity of any such Content, and (c) we will not be liable, and we disclaim all liability, in connection with any harm, losses, and or damages of any amount or type arising from your access to, or use of, such Content.

4. Prohibited User Conduct
In using the Service, you may not:
* upload, post, transmit (via e-mail or otherwise), or otherwise make available any Content, or select any member name, that:

* violates any right of any party;

* is abusive, harmful, threatening, harassing, vulgar, obscene, hateful, pornographic, or racially or ethnically objectionable, or violates the privacy of a third party;

* violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.);

* upload, post, make available, or otherwise transmit serial numbers for software for the purpose of illegally registering or validating software;

* is disruptive to Fun Publications' Internet community or to Fun Publications' business or business relationships; or

* you don't have a right to make available under any contractual or fiduciary relationship (including, without limitation, confidential information of others, including information learned during employment or consulting relationships or pursuant to non-disclosure agreements, and inside information as that term is understood under applicable securities laws).

* upload, post, transmit (via e-mail or otherwise), or otherwise make available any material that contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;

* upload, post, transmit (via e-mail, or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Service that we may designate for such purposes;

* engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;

* disguise the origin of any Content uploaded to, posted on, transmitted, or otherwise made available on or through the Service, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;

* impersonate any person or entity, including, without limitation, a Fun Publications official, employee, or representative, or falsely state or otherwise misrepresent your affiliation or association with, sponsorship by, or connection to, any person or entity, including, without limitation, by using logos, names, trademarks, service marks, meta tags, addresses, symbols, or other identifiers that you do not have the legal right to use;

* modify, obscure, or eliminate the Fun Publications frame set, banner advertising, or any other content or information that originates from Fun Publications;

* monitor, gather, or copy Content or any Fun Publications items available on the Service by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;

* attempt to harm minors in any way;

* promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or injury, or promote any illegal act of cruelty to animals;

* collect or harvest screen names; collect or store personal data about other users; or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent;

* interfere with or disrupt the Service, or servers or networks connected to the Service, or violate any requirements, policies, regulations, or procedures of networks connected to the Service;

* disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

* provide links to websites, networks, Content, or resources that themselves violate the letter or spirit of this Member Service Agreement, or promote the violation of this Member Agreement or make available tools or information whose primary use constitutes a violation of the letter or spirit of this Member Service Agreement;

* use your web pages or directory as storage for remote loading or as a door or signpost to another web page, whether inside or outside a Fun Publications website;

* develop hidden pages or images (those not linked to from another accessible page), or restrict access to any pages other than through password protection mechanisms provided and approved by Fun Publications;

* interfere with the operation or design of any elements that Fun Publications may add to users' pages, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind; or,

* engage in commercial activities on the Service without enrolling in Fun Publications-approved affiliate programs, if any. Such prohibited commercial activities include, without limitation, soliciting for advertisers or providing a link to a commercial website outside of a Fun Publications-approved program.

5. Content Submitted to the Service
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Fun Publications, Inc. or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Fun Publications, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

When you send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Indemnity
You agree to indemnify, defend, and hold Fun Publications (which includes Fun Publications's affiliates, subsidiaries, agents and service providers) harmless from all liabilities, losses, damages, costs, and expenses (including attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your Content, your use of the Service, and/or your violation of this Member Service Agreement.

7. Absolute Right to Suspend or Terminate Your Use of the Service
We may, in our sole discretion, (a) suspend or terminate your account, (b) remove any Content, and (c) terminate or modify all or any portion of the Service. We may exercise these rights for any reason or no reason, all without notice or liability to you or anyone else.

8. Third Party Items or Links
This Site may contain links to other Web sites operated by third parties other than Fun Publications. Such links are provided for your convenience only. Fun Publications does not control such Web sites and is not responsible for their content. The fact that this Site contains links to other sites does not mean that Fun Publications approves of, endorses or recommends those sites, nor does it imply any association with their operators. Fun Publications disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party Web sites or content therein directly or indirectly accessed through links in this Site. Fun Publications has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

9. Our Privacy Policy
Under our Privacy Policy, which is hereby incorporated into this Member Service Agreement, we may disclose to third parties certain aggregate information contained in your Registration Information or related information to time, without notice to you). For more information, please see our full Privacy Policy.  From time to time, Fun Publications may employ and share its customers' personal information with entities who use it solely to provide support for the internal operations of the Fun Publications website (e.g., online product fulfillment, online registration and email services, or technical support). These entities will not use your personal information for any other purpose, and have agreed to maintain the confidentiality, security, and integrity of the personal information they obtain from us.

We may disclose personal information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability.

Fun Publications does not sell, rent, or otherwise disclose personal information collected from and about its users (including children under 13) to third parties. However, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, Fun Publication’s customer information may be transferred to Fun Publications' successor or assign, if permitted by and done in accordance with applicable law. .

10. Fun Publications and Third Party Proprietary Rights
Everything you see or read on this Site is protected by copyright unless otherwise stated and may only be used according to these Terms and Conditions. Fun Publications, Inc. does not warrant or represent that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Fun Publications, Inc. Images are either the property of, or used with permission by, Fun Publications, Inc. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of the images could violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

11. Fun Publications Isn't Responsible for Any Loss or Corruption of Data
We is not responsible or liable for any loss or corruption of data that you may experience via the use of the Service or otherwise, nor are we required to return to you any data that you have stored on the Service. This includes, without limitation, the loss or corruption of data resulting from the suspension, deletion, or modification of the Service or your access to it, or from outages, viruses, worms, or other security breaches.

12. Disclaimer of Warranties and Limitations of Liability
Browse this site at your own risk. Neither Fun Publications, Inc. nor any other party involved in creating, producing or delivering the Service is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Service. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Fun Publications, Inc. also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

WE WILL NOT BE LIABLE, AND WE DISCLAIM ALL LIABILITY, IN CONNECTION WITH ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) ANY USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT ON THE SERVICES OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR WHO IS NOT EMPLOYED BY FUN PUBLICATIONS); OR (E) ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTIES. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SERVICE TO YOU. Some jurisdictions may not permit the limitations of liability contained in this paragraph, so some of the limitations in this paragraph may not apply to you.

13. Reporting Abuse
We encourage you to report to us, service@mastercollector.com, any suspected violations of this Member Agreement, particularly as they relate to misuses of intellectual property and illegal or inappropriate behavior. If, for some reason, you have a good faith belief that the use of certain images or other materials on our Web site is not authorized by the actual copyright (or trademark) owner or someone related to that owner, please contact us in writing (yes, snail mail) and send us information in the letter that is reasonably sufficient to permit us to contact you (and if you are under thirteen - your parent or guardian), and if possible, contain a signature by the copyright (or trademark) owner or someone authorized to act on behalf of that owner whose right may have been infringed.  For you and/or your parent's reference, any letter you send regarding a possible copyright infringement must comply with the notice requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 101, et seq. ("DMCA").  Please send the letter to: Corporate Counsel, Fun Publications, Inc., 225 Cattle Baron Parc Dr, Fort Worth, TX 76108.

14. General Provisions
This Member Service Agreement, along with the Privacy Policy constitutes the entire agreement between you and Fun Publications and governs your use of the Service, superseding any prior agreements, if any, between you and Fun Publications, including, without limitation, any prior versions of this Member Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Fun Publications services, Third Party Resources, and Third Party Content. Any controversy or claim relating to this Member Agreement and the Services not otherwise resolved between you and Fun Publications will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Fort Worth, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Member Service Agreement and the Services must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Fun Publications relating to your access to, or use of, the Services (including, without limitation, the Content) in accordance with this paragraph will be instituted in state or federal court in Parker County, Texas. Accordingly, you consent to the personal jurisdiction of the courts in Parker County, Texas with respect to all matters relating to your access to or use of the Services and waive your rights to removal or consent to removal. This Member Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Fun Publications to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, Fun Publications's operations, and/or Fun Publications's products or services caused by your act or failure to act. Fun Publications's failure to exercise or enforce any right or provision of this Member Service Agreement will not constitute a waiver or relinquishment of such right or provision, or any other right or provision. If any provision of this Member Service Agreement is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to your and our intentions as reflected in the provision, and the other provisions of this Member Service Agreement will remain in full force and effect.

© 2007 Fun Publications, Inc. All Rights Reserved.
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