Last Revised: September 9, 2016
The Companion Applications (the “Companion Apps”) for Hello Barbie™ and Barbie Hello Dreamhouse™ and the speech processing services for Hello Barbie™ and Barbie Hello Dreamhouse™ (the “Services”), are operated by PullString, Inc. dba ToyTalk (“ToyTalk,” “we” or “us”). Hello Barbie and Hello Dreamhouse will collectively be referred in these Terms as the “Barbie Products.”
PLEASE READ THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.
BY DOWNLOADING THE COMPANION APPS OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS AND ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE TERMS, TOYTALK IS UNWILLING TO GRANT YOU (OR YOUR CHILDREN) THE RIGHT TO USE THE COMPANION APPS AND THE SERVICES.
THE TERMS CONSTITUTE AN ENFORCEABLE AGREEMENT BY AND BETWEEN YOU AND TOYTALK.
FOR PURPOSES OF THE TERMS, "TOYTALK", "US", "WE" OR "OUR" MEANS AND INCLUDES TOYTALK AND ITS INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS. "YOU" MEANS EACH PERSON WHO ACCESSES OR USES THE COMPANION APPS OR THE SERVICES (INCLUDING, BUT NOT LIMITED TO YOUR CHILDREN, AS DEFINED HEREIN), WHETHER OR NOT SUCH PERSON PERSONALLY INSTALLED THE COMPANION APPS OR PERSONALLY UTILIZES THE SERVICES. FURTHER, "YOUR CHILDREN" OR "YOUR CHILD" REFERS TO YOUR CHILD, YOUR CHILDREN, OR A CHILD OR CHILDREN UNDER YOUR GUARDIANSHIP OR SUPERVISION.
Creating a Parent Account
In consideration of Your use of the Companion Apps and the Services, You agree to do the following in connection with Your creation of Your parent account: (i) provide accurate, current and complete information about You as may be prompted by any registration forms via the Companion Apps ("Registration Data"); (ii) maintain the security of Your password and identification; (iii) maintain and promptly update Your Registration Data, and any other information You provide to ToyTalk, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information You provide to ToyTalk, recognizing that no method of security is fail-safe. You are responsible for safeguarding the password that You use to access the Companion Apps. When You register for the Companion Apps, You should use a strong password, including a combination of upper and lower case letters. We suggest that You not use the same password for the Companion Apps that You use for other applications or services. Unless Barbie Products are used only in offline mode, we obtain parental consent for the use of the Service using an approved method under the Children’s Online Privacy Protection Act (COPPA). By creating an account and accessing the Services, you are certifying that you are authorized to provide such consent and responsible for all activities under the account.
Subject to the terms, conditions and limitations set forth in the Terms, ToyTalk grants You a nonexclusive, non-transferable and revocable license to use the Companion Apps to set up Your parent account and enable You and Your Children to use the Services. The terms of the license will also govern any upgrades provided by ToyTalk that replace and/or supplement the original Companion Apps, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Restrictions on Use of Companion Apps
You agree not to do, or authorize or permit any third party to do, any of the following: (i) copy, reproduce or distribute the Companion Apps; (ii) sell, license, rent, assign, lease, lend, redistribute or sublicense the Companion Apps; (iii) modify, port, translate, or create derivative works of the Companion Apps; (iv) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms of the Companion Apps by any means (except as and only to the extent any of these restrictions are prohibited by applicable law); (v) submit any automated or recorded requests to the Companion Apps; (vi) use the Companion Apps for commercial use; (vii) knowingly take any action that would cause the Companion Apps to be placed in the public domain; and (viii) remove, alter or obscure any copyright, trademark or other proprietary rights notice or labels on or in the Companion Apps. If You violate any of the restrictions set forth in the Terms, Your right to use the Companion Apps will immediately cease and You may have infringed the copyright and other rights of ToyTalk, which may subject You to prosecution and damages. ToyTalk reserves all rights not expressly granted in the Terms, and no licenses are granted by ToyTalk to You under the Terms, whether by implication, estoppel or otherwise, except as expressly set forth in the Terms.
Speech Data, Recordings and Third Party Components
You acknowledge and agree that when You or Your Child interact with Hello Barbie by pressing and holding the “Talk” button, interact with Barbie Hello Dreamhouse after saying the Gate Phrase, or record a voice to customize the sounds in a room, ToyTalk may capture voice recordings (collectively the "Recordings") of such interactions.
You agree that ToyTalk and its service providers may use, transcribe and store any such Recordings and Your voice and any speech data captured therein (the "Speech Data") to provide and maintain the Services,. This includes the use, storage, processing, converting, transcribing, analyzing or reviewing of the Recordings (along with text and transcriptions derived from the Recordings) to provide, maintain, analyze and improve the functioning of the Services, to develop, tune, test, enhance or improve speech recognition technology and artificial intelligence algorithms, to develop acoustic and language models and for other research and development, and data analysis purposes. We do not use Recordings or their content, including any personal information that may be captured therein, to contact children or to advertise to them.
ToyTalk and/or its service providers will not use the information contained in any Speech Data for any purpose except as set forth above. Because audio files containing the voice of a child constitute personal information under the Children's Online Privacy Protection Act, we have established a process to obtain parental consent from You as the authorized account holder for the user of the Services. Without such consent, the Barbie Products will not be enabled to collect audio and will therefore not be fully functional.
You acknowledge and agree that You (on behalf of Yourself and Your Child) release and discharge ToyTalk, Mattel, their affiliated entities, and each of their respective administrators, directors, officers, employees, agents, sponsors and advertisers (collectively, "ToyTalk/Mattel Parties") from all liability to You and Your Child for any claims that the use of the Recordings by ToyTalk (or any party on its behalf) and the use of the transcripts or other text derived from Recordings by ToyTalk or Mattel (or any party on their behalf) as authorized in these Terms by You violates any of Your rights, including intellectual property rights or rights of publicity or privacy. Further, You (on behalf of Yourself and Your Child) covenant not to sue any ToyTalk/Mattel Parties with respect to the creation or use of any Recordings, or of any transcripts or other text derived from any Recordings as authorized in these Terms. You also acknowledge and agree that neither You nor Your Child will be entitled to any additional compensation for the use of any of the Recordings or transcripts by ToyTalk, Mattel or any party on their behalf as authorized under these Terms.
Any suggestions, comments or other feedback provided by You or Your Children to us with respect to the Companion Apps, the Barbie Products, the Services and/or our products and services will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, excluding any personal information associated with such feedback, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
You agree that You are solely responsible for Your conduct (and the conduct of anyone using Your account) with respect to the Services and the Companion Apps, and You agree that You will not do any of the following in connection with the Services or the Companion Apps:
Any use of the Companion Apps or Services in violation of the Terms may result in, among other things, termination or suspension of Your account and any rights to use the Services and the Companion Apps.
Trademarks and Third Party Trademarks
ToyTalk's name, ToyTalk's logos and any other ToyTalk product, service name or slogan included in the Companion Apps are trademarks of ToyTalk and may not be copied, imitated or used, in whole or in part, without the prior written permission of ToyTalk. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Companion Apps ("Third Party Trademarks") are the property of their respective owners, and the use of such Third Party Trademarks will inure to the benefit of each trademark owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by ToyTalk and its licensors with such company; or (ii) an endorsement or approval by such company of ToyTalk and its licensors and its products or services.
Except for the license expressly stated in the Terms, You are not granted any rights in or to the Companion Apps or the Services by implication, estoppel, or other legal theory, and all rights in and to the Companion Apps and the Services not expressly granted in the Terms are hereby reserved and retained by ToyTalk.
Modification of Terms
ToyTalk reserves the right to change or modify any of the terms and conditions contained in the Terms, or any policy or guideline of the Services or the Companion Apps, at any time and in its sole discretion by posting the changes/modifications to these Terms, which will be accessible from the Hello Barbie and Hello Dreamhouse pages of the ToyTalk website (website terms located at https://www.toytalk.com/hellobarbie/terms/ and https://www.toytalk.com/hellodreamhouse/terms/) (the “Site”) and it will also be accessible from the Companion Apps. Additionally, notice may be provided by sending an email to You or by such other form of notice as determined by ToyTalk. Changes/modifications will only become effective at the end of the 30 day period commencing upon the posting of the changes/modifications via the Companion Apps ("Notice Period"). If You disagree with any changes/modifications, please stop using the Services Companion Apps within the Notice Period. Your use of the Companion Apps after receipt of notice will constitute Your acceptance of the changes/modifications.
Suspension and Termination
ToyTalk may suspend and/or terminate Your rights with respect to the Services for any reason or for no reason at all and with or without notice at ToyTalk's sole discretion. Suspension and/or termination may include restricting access to and use of the Services. If Your rights with respect to the Services are suspended and/or terminated, You agree to make no further use of the Services or the Companion Apps during suspension or after termination. ToyTalk reserves the right, but does not undertake any duty, to take appropriate legal action including, but not limited to, the pursuit of civil, criminal and/or injunctive redress against You for continuing to use the Services during suspension or after termination, and You agree that ToyTalk may recover its reasonable attorney's fees and court costs from You for such actions. Even while Your use is suspended and after it is terminated, these Terms will remain enforceable against You. All of the terms and conditions of the Terms survive any termination of the Terms (except the "License" and "Consent to Use of Data and Communications" sections).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPANION APPS, THE SERVICES AND THE BARBIE PRODUCTS ARE AT YOUR SOLE RISK. THE COMPANION APPS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN ADDITION, YOU ACKNOWLEDGE THAT THE BARBIE PRODUCTS THEMSELVES (EXCLUDING THE COMPANION APPS AND THE SERVICES) ARE NOT PROVIDED BY TOYTALK. TOYTALK DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, THE SERVICES, THE COMPANION APPS, THE BARBIE PRODUCTS, THE TOYTALK MATERIAL, ANY TOYTALK PRODUCTS AND SERVICES, THE RECORDINGS, THIRD PARTY SITES AND THIRD PARTY TRADEMARKS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT TOYTALK KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. TOYTALK DOES NOT WARRANT THAT: (A) THE FUNCTIONS CONTAINED IN THE SERVICES, THE COMPANION APPS OR THE BARBIE PRODUCTS WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES, THE COMPANION APPS OR THE BARBIE PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE OR ALWAYS AVAILABLE; OR (C) ANY DEFECTS IN THE SERVICES, THE COMPANION APPS OR THE BARBIE PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY TOYTALK OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
You agree, at Your sole expense, to defend, indemnify and hold us and our licensors, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) Your conduct; or (ii) Your violation (or alleged violation) of the Terms or the rights of any third party.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TOYTALK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE SERVICES, THE COMPANION APPS, THE BARBIE PRODUCTS, THE TOYTALK MATERIAL, ANY TOYTALK PRODUCTS OR SERVICES, THE RECORDINGS, THIRD PARTY SITES OR THIRD PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF TOYTALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You acknowledge and agree that the availability of the Companion Apps is dependent on the third party from which You received the Companion Apps, e.g., the Apple iPhone App Store or Google Play ("App Store"). You acknowledge and agree that the Terms are between You and ToyTalk and not with the App Store. ToyTalk, not the App Store, is solely responsible for the Companion Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Store in connection with the Companion Apps (if any). You agree to comply with, and Your license to use the Companion Apps is conditioned upon Your compliance with, all applicable third party terms of agreement when using the Companion Apps.
Notice of Availability of Filtering Software
Pursuant to the Communications Decency Act, You are hereby informed by ToyTalk that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Modifications to the Companion Apps
ToyTalk reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Services, the Companion Apps and/or any features, information, materials or content on or in the Services or the Companion Apps with or without notice to You. You agree that ToyTalk will not be liable to You or any third party for any modification or discontinuance of the Companion Apps or any portion thereof.
In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, ToyTalk has adopted a policy of terminating, in appropriate circumstances and at ToyTalk's sole discretion, account holders who are deemed to be repeat infringers. ToyTalk may also, at its sole discretion, limit access to the Services and the Companion Apps and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If You knowingly misrepresent in Your notification that the material or activity is infringing, You will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If You are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to ToyTalk's Designated Copyright Agent. Upon receipt of the Notice as described below, ToyTalk will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement ("Notice"):
Identify the copyrighted work that You claim has been infringed, or if multiple copyrighted works are covered by this Notice You may provide a representative list of the copyrighted works that You claim have been infringed.
Identify the material that you claim is infringing (or the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Provide Your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: (i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide Your full legal name and Your electronic or physical signature.
Deliver this Notice, with all items completed, to ToyTalk's Designated Copyright Agent:
Attn: Chief Privacy Office
77 Maiden Lane
San Francisco, CA 94108
You may not use or otherwise export or re-export the Companion Apps except as authorized by United States law and the laws of the jurisdiction in which the Companion Apps were obtained. In particular, but without limitation, the Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Companion Apps, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Companion Apps for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
US Government Rights
The Companion Apps and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TOYTALK AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TOYTALK.
You and ToyTalk agree to arbitrate any dispute arising from the Terms or relating to the Services, the Companion Apps or the Barbie Products, except that You and ToyTalk are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and ToyTalk agree that You will notify each other of any dispute within 30 days of when it arises, that You will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and ToyTalk also agree that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND TOYTALK WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of the Companion Apps for use on the iPhone, iPod Touch or iPad:
You and ToyTalk acknowledge that the terms are solely between You and ToyTalk, and not with Apple, Inc. ("Apple"), and that ToyTalk, not Apple, is solely responsible for the Companion Apps and the content contained within the Companion Apps. You further acknowledge that the usage rules for the Companion Apps are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date You download the Companion Apps. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
Scope of License
The license granted to You is limited to a non-transferable license to use the Companion Apps on any iPhone, iPod Touch or iPad that You own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support
ToyTalk is solely responsible for providing maintenance and support services with respect to the Companion Apps. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Companion Apps.
You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Companion Apps. In the event of any failure of the Companion Apps to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Companion Apps by You; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Companion Apps. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of ToyTalk. However, You understand and agree that in accordance with the Terms, ToyTalk has disclaimed all warranties of any kind with respect to the Companion Apps, and therefore, there are no warranties applicable to the Companion Apps, except those implied by law.
You and ToyTalk acknowledge and agree that as between Apple and ToyTalk, ToyTalk, not Apple, is responsible for addressing any of Your claims or any third party claims relating to the Companion Apps or Your possession and/or use of the Companion Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Companion Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You and ToyTalk acknowledge and agree that, in the event of any third party claim that the Companion Apps or Your possession and use of the Companion Apps infringes that third party's intellectual property rights, ToyTalk, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.
You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address
Any end-user questions, complaints or claims with respect to the Companion Apps should be directed to:
77 Maiden Lane
San Francisco, CA 94108
Third Party Beneficiary
The parties acknowledge and agree that Apple, Apple's subsidiaries, Mattel and Mattel, Inc. subsidiaries are third party beneficiaries of the Terms, and that, upon Your acceptance of the terms and conditions of the Terms, Apple, and/or Mattel will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against You as a third party beneficiary thereof. No other third party beneficiaries are otherwise established under the Terms.