TERMS & CONDITIONS
The Website (defined below) is provided by Ella Superstarr Company (collectively, "ES", "we", "our", or "us"). These "Terms and Conditions of Website Use" (this "User Agreement") govern your use of the Website, regardless of how you access or use it. By "Website", we mean the Internet domain address within which this User Agreement is posted and all features, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to this User Agreement.
IF YOU'RE UNDER THE AGE OF MAJORITY (which is 18 years old in most countries), then your parent or guardian may be liable for some or all of your activities on the Website. Because of this, and because it’s prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Website – as this User Agreement and your use of the Website affect their legal rights and obligations.
IF YOU WANT TO USE THIS WEBSITE, then carefully read this User Agreement, as it constitutes a written agreement between you and Ella Superstarr and it affects your legal rights and obligations.
Each time you access and/or use the Website (other than to simply read this User Agreement), you agree to be bound by and comply with all of the terms of this User Agreement and any Additional Terms (defined below). Therefore, do not use the Website if you do not agree to all of the terms of this User Agreement and any Additional Terms.
USAGE SUBSCRIPTIONS; VIRTUAL GOODS AND SERVICES
i. Right to Modify, Revalue, or Make Usage Subscriptions Free. ES may modify, revalue, or make the Usage Subscriptions free at its sole discretion without advance notice or liability. Unless otherwise stated in any Additional Terms, in the event that ES terminates or changes the Website, a portion of the Website, or content or functionality associated with a Usage Subscription in a way that materially diminishes the value of your Usage Subscription, then ES will provide you with either of the following at ES's sole discretion: (a) a pro rata refund of your unused Usage Subscription corresponding to the value of the diminished features or portion of the terminated or changed Website; or (b) an online credit for future redemption of comparable value corresponding to the value of the diminished features or portion of the terminated or changed Website. The valuation of the pro rata refund or credit will be determined in ES's good faith business judgment, which determination will be final. The provision of a pro rata refund or credit will be your sole and exclusive remedy with respect to ES's termination or change of the Website in a way that materially diminishes the value of your Usage Subscription.
ii. Right to Modify, Revalue, or Make Virtual Goods and Services Free; Purchased Virtual Tender May Redeemed First ES may offer you the opportunity to purchase or use virtual currency, credits, points, virtual services, or virtual items (“Virtual Goods and Services”). ES may modify, revalue, or make the Virtual Goods and Services free at its sole discretion, and such modifications may make the Virtual Goods and Services more or less common, valuable, effective, or functional. Virtual points, credits, or currency (“Virtual Tender”) in your account that was purchased with real money may be redeemed before Virtual Tender in your account that was not purchased (i.e., it was earned through experiential play), no matter when that Virtual Tender was acquired.
a. If You Have a Corresponding Usage Subscription. If you have a corresponding Usage Subscription, then the use of your Virtual Goods and Services are limited to the life of your corresponding Usage Subscription, subject to any earlier modification or termination of the Website, your account, or your Usage Subscription.
b. If You Don't Have a Corresponding Usage Subscription. If you don’t have a corresponding Usage Subscription, then you are encouraged to use your Virtual Goods and Services as quickly as possible – because ES makes no representations about the continued availability of such Virtual Goods and Services.
iii. Termination or Change to Usage Subscriptions and Virtual Goods and Services. Except as set forth in any Additional Terms (such as any refund policies that may apply to a subscription service) if ES changes, suspends, or terminates any Usage Subscription or Virtual Goods and Services, then you will forfeit the changed, suspended, or terminated Usage Subscription or Virtual Goods and Services. Likewise, in any Additional Terms, or as required by applicable law, ES is not responsible for repairing or replacing your Usage Subscription or Virtual Goods and Services, or providing you with any credit or refund or any other sum, in the event of: (a) Mattel’s change, suspension, or termination of any Usage Subscription or Virtual Goods and Services; or (b) for loss or damage due to Website error, or any other reason. Pursuant to its right to terminate accounts under Section above, ES reserves the right to terminate Usage Subscriptions and Virtual Goods and Services for cause immediately at its sole discretion without advance notice or liability. In such an event you will not be entitled to a pro rata refund or credit.
C. No Monetary Value; Limited Right to Use; No Property, Economic, or Ownership Interest. Except as set forth in any Additional Terms or in Section above with respect to Usage Subscriptions, purchases of Usage Subscriptions and Virtual Goods and Services are final, nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use, even if they come with a durational term (e.g., a monthly subscription).
D. Transfers Prohibited. ES will not recognize the transfer of Usage Subscriptions or Virtual Goods and Services (including for “real” money or any other consideration or items of value whether inside our outside of the Website). Accordingly, except as to gift cards issued by ES, which will be governed by Additional Terms, you may not purchase, sell, barter, gift, or trade any Usage Subscriptions or Virtual Goods and Services, or offer to purchase, sell, barter, gift, or trade any Usage Subscriptions or Virtual Goods and Services. Any such attempted transfer will be null and void.