Member Service Agreement/Terms of Use

Welcome to The Brass Key's on-line community and related services (the "Services"). The Brass Key, Inc. ("Brass Key" 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.

It's critical that you read the entire Member Agreement. It contains important information that addresses prohibited conduct. 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 and so that we can remain a responsible member of the Internet community. And, if that's not compelling enough, you should know that, once accepted by you, it's a legally binding document.

Once you read the entire Member Agreement, if you agree to all of its terms, then click on "I accept" where indicated. By doing so, you'll be bound by this Member Agreement whenever you use our Service. We may update, modify, or otherwise change this Member Agreement from time-to-time, particularly when we add, remove, or modify features of the Service, and we make these changes to this Member Agreement without prior notice to you. Those updates, modifications, and changes will be binding on you from the time that we post them. You can always 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 by clicking on "I accept" where indicated below, then you simply 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 our Service, 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 only if you are at least 13 years of age on or before the date that you register. You must provide truthful, complete information (the "Registration Information") on our online registration form. You also must update the Registration Information as appropriate in order 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. Prohibited User Conduct

In using the Service, you may not: a. Upload, post, transmit (via email, e-card, or otherwise), or otherwise make available any Content, or select any member name, that: i. Violates any right of any party; ii. Is abusive, harmful, threatening, harassing, vulgar, obscene, hateful, pornographic, or racially or ethnically objectionable, or violates the privacy of a third party; iii. 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.);

4. Content Submitted to the Service

We don't claim ownership of the Content that you make available on the Service. You represent and warrant that you own all necessary rights, title, and, interests in and to any and all Content that you post, upload, transmit, or make available as a part of the Service, consistent with your use of such Content and consistent with your grant of rights to Brass Key under this Member Agreement. By making the Content available as a part of the Service, you grant Brass Key a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to reproduce, modify, adapt, publish, and otherwise exploit the Content by all means and in all media, now known or hereafter devised for any purpose.

5. International Availability of this Website and Content

The Internet spans the world. Because of this, you must comply with all applicable local laws, rules, and regulations, whether those of other countries or of the individual states within the United States, regarding online conduct, acceptable Content, and your use of the Service. In addition, you must comply with all applicable laws and regulations regarding the transmission of technical data exported from the United States or the country from which you use the Service, including, without limitation, any and all restrictions on encryption technology.

6. Indemnity

You agree to indemnify, defend, and hold Brass Key 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 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

Any interactions, correspondence, and business dealings that you have with any other users of the Service or any advertisers and other third parties (collectively, "Third Parties") found on or through the Service, or your participation in any promotions or offered by a Third Party, including payment and delivery of related goods or services and any other terms, conditions, warranties, or representations associated with such activities, are solely and entirely between you and the Third Party. We will not be liable, and we disclaim all liability, in connection with any harm, loss, or damage of any kind that you may incur as a result of any such dealings.

9. Links to Other Website and Resources

We may provide links through the Service to other World Wide Web websites or resources that are not owned or controlled by The Brass Key (collectively, the "Third Party Resources"). We don't maintain such Third Party Resources, nor do we have any control over them. We don't endorse, approve, or sponsor any Third Party Resources, or any content, advertising, information, materials, products, services, or other items available from them (collectively, the "Third Party Materials"). We disclaim all liability for the availability, performance, accuracy, source, quality, integrity, and decency of the Third Party Resources and Third Party Materials, and the compliance of the Third Party Resources and Third Party Materials with any standard or law. We will not be liable, and we disclaim all liability, in connection with any harm, loss, or damage of any kind caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Materials or Third Party Resources.

10. Our Privacy Policy

Under our Privacy Policy, which is hereby incorporated into this Member Agreement, we may disclose to third parties certain aggregate information contained in your Registration Information or related information. We won't, however, disclose personally identifiable information about you unless: (a) you specifically authorize us to do so, (b) we believe, in good faith, that such disclosure is necessary either to comply with the law or a legal process (including subpoenas and other court orders), or to enforce this Member Agreement, or (c) it's otherwise permitted under our Privacy Policy (which we may amend from time to time, without notice to you). To view our Privacy Policy in its entirety, go to http://www.brass-key.com/privacy.html.

11. Brass Key and Third Party Proprietary Rights

Except as expressly authorized in writing by Member Service Agreement or, where applicable, Third Parties, you agree not to, in whole or in part, copy, duplicate, create derivative works based on, modify, sell, distribute, lease, loan, rent, grant a security interest in, or reverse engineer the Service or any software used in connection with the Service or any content or other materials made available to you on or through the Service.

12. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU'LL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BRASS KEY OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SERVICE TO YOU. Some jurisdictions may not permit the disclaimers contained in this paragraph, so some of the disclaimers in this paragraph may not apply to you.

13. Limitations of Liability

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 OF ANY THIRD PARTY ON THE SERVICE; 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.

19. Reporting Abuse

We encourage you to report to us, at customerservice@brass-key.com, any suspected violations of this Member Agreement, particularly as they relate to misuses of intellectual property and illegal or inappropriate behavior.

20. General Provisions

This Member Agreement, along with the Privacy Policy constitutes the entire agreement between you and The Brass Key and governs your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Brass Key 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 Brass Key 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 Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction of it.

21. Additional Copyright Protection

The Brass Key Inc.'s website, and all materials on it, are protected by the copyright laws of the United States and other countries. Copyright © 1995-2008, The Brass Key Inc. All rights reserved.

22. Notice of Trademarks and Trade names

The Brass Key,™ Brass Key Dolls™, the BK logo, and other names and marks appearing on the website are trademarks and names of The Brass Key Inc. The Brass Key Inc. has registered several such marks, and has applied for federal registration of others. Other trademarks, logos, designs, company names, titles or services are or may be registered trademarks of their respective owners, including marks of B.J.'s Wholesale Club®, Target® Stores (Dayton-Hudson Corporation), Toys R Us®, KB Kids™, K Mart®, Costco Online™, Sam's Club® (Wal-Mart Stores, Inc.) and Wal-Mart® Stores, Inc. Classic Media, Inc. TM & ©, © Disney, Rudolph the Red-Nosed Reindeer © & ®, Dr. Seuss' How the Grinch Stole Christmas! © 2000 Universal Studios, FROSTY THE SNOWMAN, characters, names and all related indicia are trademarks of and © Warner/Chappell Music, Inc., All of these marks, and others appearing on the website, may be registered in various jurisdictions. Other brands or products are trademarks, service marks, registered trademarks or registered service marks of their respective holders and should be treated as such. Brass Key Collectibles, Inc., All Rights Reserved. Updated March 2008