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Terms and Conditions

 

Welcome to Designed by Hollywood.


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  By using this website (“Site”) and its services, you (“user” or “you”) agree that access to and use of this Site are subject to the following Terms and Conditions (“Terms”), our Privacy Policy, which is incorporated by reference, and other applicable law. This Agreement applies to all users of the Site, including without limitation users who are, buyers or customers, sellers or shop owners, advertisers, contributors of content, information and other materials or services on the Site.  You accept these Terms when registering for an account on the Site; by checking the “I agree to the terms and conditions” box upon checkout when making a purchase; accessing or using the Site, its services, and tools; completing the registration or shopping process; or as otherwise indicated on a specific site, service, or tool.  If you are using the Site on behalf of your employer, you represent that you are authorized to accept these terms on your employer’s behalf. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS SITE IN ANY MANNER. 

 

  1. 1.    BUYING AND SELLING

 

Designed by Hollywood is an online marketplace community of artists that offers unique products and services from the creators, artists and designers behind films and television shows.  The Site acts as a venue to allow film and television entertainment industry professionals (“sellers”) to open storefronts (“shops”) to offer, and sell, goods to buyers (“buyers”).  One seller controls each shop.  All users (seller and buyers) may communicate with each other though the internal messaging system, create and edit their public profiles, post comments, and participate in circles in the Designed by Hollywood community.

 

You acknowledge that Designed by Hollywood is not directly involved in the actual transaction between buyers and sellers on the Site.  Rather, we are an online venue that allows users to sell and buy goods and services. We have no control over and do not guarantee the identity and background of sellers nor do we have control over or guarantee the existence, quality, safety, morality or legality of any aspect of the items listed or advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items or the ability of buyers to purchase or pay for items; or that a buyer or seller will complete a transaction or return an item.  We do not prescreen users’ content or information provided by users. 

Designed by Hollywood does not transfer legal ownership of items from the seller to the buyer.

Designed by Hollywood does not guarantee the true identity, age, and nationality of a user.  You agree that Designed by Hollywood is a venue and as such is not responsible or liable for any content, including but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Designed by Hollywood. You use the Site and its service at your own risk.

When purchasing from the Site, you are responsible for reading the full item listing, including any instructions the seller provides, before purchasing an item.  You are also responsible for reading and complying with the seller’s terms and policies, including return and shipping policies. 

By listing any good or service on the Site you agree to pay any applicable Designed by Hollywood transaction fees and that you assume full responsibility for the content of the listing and item offered.  You also warrant that you and all aspects of the item comply with Designed by Hollywood’s published policies, including these Terms. You also warrant that you may legally sell any item you list. You agree to accurately and completely describe any item your list for sale and all terms of sale applicable to your listing.

All sellers must be professional members of the entertainment industry, for example, film and television industry independent contractors such as crew artists, designers, and vendors and all sellers are subject to approval by Designed by Hollywood. In evaluating a seller’s eligibility, Designed by Hollywood will consider a number of factors, including the veracity of seller’s entertainment credits, the perceived quality of its goods, and the type of merchandise offered.  Designed by Hollywood reserves the right, at its sole discretion, to screen sellers’ backgrounds, to approve or disapprove a user’s request to be a seller, and to terminate a seller’s account or remove a seller’s listings if we determine the seller does not have the qualified background.

All sellers represent and warrant that: (a) if a business, the seller is duly organized, validly existing and in good standing under the laws of the jurisdiction(s) in which the seller was organized and operates; and (b) the seller has all requisite right, power and authority to accept these Terms and perform its obligations hereunder.

All sellers must post and maintain a sales policy for their shop and listings. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Designed by Hollywood’s site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Designed by Hollywood reserves the right to request that a seller modify its sales policy.

All sales are binding.   Sellers must ship orders or otherwise complete transactions with buyers in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

By listing an item on the Site you warrant that you and all aspects of the item comply with our published policies. You also warrant that you are the owner of the product and in possession of it, and may legally sell the item. You must accurately describe your products and all terms of sale in your shop listing and policies. Your listings may only include text descriptions, graphics, pictures, video and other content relevant to the sale of that item, and not of you or the work that you have done in the entertainment industry. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Designed by Hollywood’s transaction fees, misrepresent the item's location, or use another user's account without permission.

 

For the seller:

  • The seller must sell the item(s) to the buyer at the price that is on the listing at the time when the transaction is created, unless the transaction is eligible for cancellation.
  • The seller must sell the item(s) to the buyer with whom the transaction is created, unless the transaction is eligible for cancellation.
  • The seller must receive payment from the buyer using only Designed By Hollywood’s payment service : PayPal
  • The seller must ship the item(s) to the location and address submitted by the buyer and or on the payment shipping address and as described in the order.
  • The seller must ship the item(s) as described in their shipping policies.
  • The seller must ship the item(s) within a reasonable amount of time, according to the transaction agreement or the terms in the seller's shop policies.
  • Seller agrees to provide to Company the state or country from which the item ships, to provide to Company (using the processes and timing designated by Company) any requested information regarding shipment, tracking (to the extent available) and order status, and Seller authorizes Company to make any of this information publicly available.
  • Seller should communicate with the buyer and inform them of the shipping status, and or if shipping information is unclear or inconsistent.
  • The seller will notify the buyer when the order shipping is made and send tracking and carrier information to the buyer.
  • Seller agrees that promptly after shipment of a customer's order (or any portion of the customer's order), Seller shall accurately inform Company that the order has been shipped (and, in the case of a customer order that is shipped in more than one shipment, accurately inform us which portion of the order has been shipped), using Company’s standard functionality for communicating such information when Company makes that functionality available to Seller (“Confirmation of Shipment”).
  • If Seller fails to provide Confirmation of Shipment within the time frame specified by Company (e.g., 30 days after the date an order was placed), Company may, in its sole discretion, cancel (and/or direct Seller to stop and/or cancel) any such transaction, and Seller agrees that Seller shall stop and/or cancel any such transaction upon such request by Company.
  • Seller agrees to comply with any instructions from the manufacturer, distributor and/or licensor of a product regarding “Street Date for Delivery” (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which such product should not be delivered or otherwise made available to customers) or the “Street Date for Disclosure” (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly).
  • In the event of a dispute, the seller may be asked to provide Designed By Hollywood with proof of shipping. Designed By Hollywood will not hold the seller responsible for postal or shipping service delays or errors, theft or customs delays.

 

For the buyer:

  • The buyer must pay the seller directly through Designed By Hollywood’s payment service PayPal. Do not send payment to Designed By Hollywood.
  • The buyer must pay at the time the transaction is created, according to transaction agreement or the terms in the seller's shop policies.
  • The buyer must submit valid shipping, information to the seller, according to transaction agreement or the terms in the seller's shop policies.
  • The buyer must submit valid shipping, billing and payment information to the payment service, according to transaction agreement or the terms in the payment service policies.
  • The buyer will return an item purchased according to the sellers return policy directly to the seller. Designed By Hollywood will not accept returns of any seller’s merchandise.
  • Designed By Hollywood will not mediate any disputes between buyer and seller. In order to help, in the event of a dispute concerning the return of the item(s) to a seller, the buyer may be asked to provide Designed By Hollywood with proof of shipping back to the seller.  Designed By Hollywood will not hold the buyer responsible for postal or shipping service delays or errors, theft or customs delays when returning items to the seller.

 

  1. 2.    FEES AND SERVICES

 

Designed by Hollywood charges monthly membership dues to sellers, fees for featured listing items for sale, as well as a percentage of the sale price and transaction fee when an item sells.

All sellers authorize Designed by Hollywood Inc. to charge a monthly membership fee of $10.00 USD due to seller’s PayPal account.  All monthly memberships are paid upfront using a valid PayPal account.  Membership dues will terminate upon a seller’s closing of its shop or terminating its seller’s account with Designed By Hollywood, however you remain obligated to pay Company for all unpaid fees plus any penalties, if applicable.

When you list an item you have an opportunity to review and accept the fees that you will be charged.  All Fees shall be exclusive of any applicable sales tax (or any successor tax), shipping costs, delivery charges and/or any other applicable tax or charges of any nature whatsoever. By listing an item for sale on the Site, seller authorizes Designed By Hollywood to charge seller’s PayPal account for amounts due.

 

Changes to the fees for our services are effective after we provide you with at least fourteen (14) days' notice by posting the changes on the Site.  We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.  We may, at our sole discretion, change some or all of our services at any time. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with using the Site and our service. We keep accepted payment information on file. At the end of each month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.

If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.  (This includes charging other payment methods on file with us and/or retaining collection agencies and legal counsel.) In addition, you may be subject to late fees and we may suspend or restrict you from using the Site and our services until full payment is made. 

 

Transaction fees
When you make a sale on Designed by Hollywood, you will be charged a commission fee of 6.5% of the item price and a $0.50 transaction fee per item. This percentage does not include the shipping cost or tax.

Paying your bill
Commission fees for items sold and transactions fees are charged at the time of a sale, and debited from your Paypal account, and credited to Designed by Hollywood. Your bill may be paid using either the credit card on file or via PayPal. You can review your bill or make a payment at any time by accessing your account settings.

 

  1. 3.    RETURNS AND REFUNDS

Subject to these Terms, for all of seller’s products that are not fulfilled using the Payment Service, seller agrees to accept and process returns, refunds and adjustments in accordance with these Terms and the seller’s return policies published on the Site at the time of the applicable order, and Designed By Hollywood shall be entitled to inform users that these policies apply to seller’s products. Subject to these Terms, seller shall determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by seller to buyer in connection with Site purchases, using functionality Designed By Hollywood enables for seller’s account, and will route all such payments through Designed By Hollywood. Designed By Hollywood will provide any such payments to buyers (which may be in the same payment form originally used to purchase seller’s product), and seller will reimburse Designed By Hollywood for all amounts so paid. Designed By Hollywood may offset such payments against any amounts to be remitted or paid by Designed By Hollywood to seller under these Terms or seek reimbursement from seller via any of the means authorized in these Terms.  For all seller products [that are fulfilled using the Payments Service,] the seller’s return policies published on the Site at the time of the applicable order will apply and seller agrees comply with such policies. Seller shall promptly provide refunds and adjustments that seller is obligated to provide under the applicable seller’s return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.

  1. 4.    PAYMENT SERVICE

IN ORDER TO SELL ITEMS ON THE SITE, SELLER MUST BE A REGISTERED USER FIRST WITH DESIGNED BY HOLLYWOOD AND USE OUR PAYMENT SERVICE, PayPal (“Payment Service”).

The Payment Service facilitates the purchase of seller items listed on the Site. A buyer's authorized PayPal payment (“Payment Transaction”) is credited to a registered “Seller's Account Summary,” and funds are transferred to the seller's PayPal account (“Seller's Account”). The buyer may authorize a Payment Transaction with any major credit card accepted by the Payment Service. The Payment Service helps facilitate Site transactions and is not the purchaser of the seller's goods. Sellers will resolve any dispute directly with buyers.  Sellers must register online with PayPal to use the Payment Service.  Sellers must provide true and accurate information when registering and must maintain and update that information as applicable.  Sellers will not impersonate any person or use a name not legally authorized to use.

The use of the Payment Service to receive payments from buyers’ purchases on the Site is available only to accepted Designed By Hollywood sellers who have been issued a payment account by the Payment Service.  Payment Transactions can be credited only to Paypal accounts in the United States or any other country shown as supported by Paypal’s standard functionality and enabled for a seller’s account (which functionality may be modified or discontinued by Designed by Hollywood Inc. at any time without notice).  Sellers waive any rights with respect to the Payment Service when shipping to an address other than that provided by the Payment Service.

Sellers can access payment transaction information online in the seller’s Site account.

Sellers may provide refunds or adjustments to buyers for their Site purchases through the Payment Service.

All balances for a given [10]-day period will be reflected in a seller's Site account summary.  When a seller either initially provides or later changes its Payment Service account information, seller will be required to wait [7] days to request a transfer to seller's Site account within the [30]-day cycle.  After [7] days, seller may either request transfers to seller's Site account at any time within the [7]-day cycle via the seller's Site account summary page.  Designed By Hollywood will initiate a transfer to seller's Site account on each transaction completed and initiate a transfer to seller's Payment Service account for the total amount of Payment Transactions seller received from a buyer's authorized Payment Service transactions, less any commissions and transaction fees. The amount of the fees for Payment Transactions will be posted to seller's Site account summary and will be deducted from the balance of the total transaction through the Payment Service.

Credit of transaction fees and commissions fees transfers to the seller's Site account will generally be credited within [10] business days of the date Designed By Hollywood initiates the transfer.  On occasion, Designed By Hollywood may send seller a paper check instead of an electronic credit to seller's Payment Service account. We will do so, for instance, if seller's Payment Service account will not accept an electronic credit to seller's Site account.

As a security measure, Designed By Hollywood shall have the right (but shall not be obligated) to impose transaction limits on some or all of buyers and sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Designed By Hollywood shall not be liable to seller: (i) if Designed By Hollywood does not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by Designed By Hollywood for a security reason, or (ii) if Designed By Hollywood permits a buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.

If Designed By Hollywood reasonably concludes, based on information available to Designed By Hollywood, that seller's actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then Designed By Hollywood may, in Designed By Hollywood’s sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to seller in connection with the Site or these Terms for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with these Terms. Designed By Hollywood shall not be liable to seller if Designed By Hollywood acts in accordance with the provisions of this section.

All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by Designed By Hollywood. Designed By Hollywood will send notices to seller at the e-mail address provided by seller to Designed By Hollywood.  Seller will monitor seller’s e-mail messages frequently to ensure awareness of any notices sent by Designed By Hollywood. Seller will send notices to Designed By Hollywood using the functionality for contacting Designed By Hollywood provided in our Contact Us page.

There is no fee for registering for the Payment Service. The fees for using the Payment Service in Site listings are included in the Site listing fees (which means there are no additional fees for use of the Payment Service). Designed By Hollywood may, in its sole discretion, waive, reduce, or reverse charges or fees for a specific transaction.

Designed By Hollywood may refuse service to anyone for any reason.  Designed By Hollywood may earn interest or other compensation from the balances in Designed By Hollywood’s bank accounts that result from the timing difference between Designed By Hollywood being paid by buyer and Designed By Hollywood’s bank account being debited to Payment Transaction credits to seller.  Seller will bear all risk of fraud or loss occurring in connection with Payment Transactions, including the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information). Designed By Hollywood reserves the right to seek reimbursement from seller if Designed By Hollywood, in its sole discretion, elects to reimburse buyer, provide a refund to buyer if seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from buyer's credit card issuer for the amount of buyer's purchase from seller. Company may obtain reimbursement of any amounts owed by seller to Designed By Hollywood by deducting from future payments owed to seller, reversing any credits to seller's Site account, charging seller's Payment Service account, or seeking such reimbursement from seller by any other lawful means. Seller authorizes Designed By Hollywood to use any or all of the foregoing methods to seek reimbursement, including the debiting of your Payment Service account.

Seller may terminate participation in the Payment Service at any time by notifying Designed By Hollywood using the standard method then-currently provided by Designed By Hollywood for such termination, and Company may terminate seller's participation on the Site at any time without notice to Seller. Upon termination, seller shall pay Designed By Hollywood any fees incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be canceled.

Designed By Hollywood reserves the right, upon termination, to set off against any payments to be made to seller, an amount determined by Designed By Hollywood to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with Site purchases from seller's Site account for a prospective three-month period. At the end of such three-month period following termination, Designed By Hollywood will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized above for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.

  1. 5.    USE OF THE SITE

In using the Site and accepting these Terms, you agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by all our policies as stated in these Terms as well as all other operating rules, policies and procedures that may be published from time to time on the Site, each of which is incorporated herein by reference and each of which may be updated by us from time to time.

Every seller is responsible for following the laws that apply to you and your items, including any shipping restrictions for your items.

Prohibited Items

The following types of items may not be listed on Designed by Hollywood:

  • Alcohol
  • Tobacco and other smokeable products
  • Drugs, medical drug claims about an item, drug paraphernalia
  • Live animals, illegal animal products
  • Human remains or body parts
  • Pornography
  • Firearms and/or weapons
  • Hazardous materials (for example: flammable, explosive, corrosive, poisonous, etc.)
  • Recalled items
  • Real estate
  • Motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.)
  • Items or listings that promote, support or glorify hatred toward or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation; including items or content that promote organizations with such views
  • Items or listings that promote or support illegal activity or instruct others to engage in illegal activity
  • Items or listings that promote, support or glorify acts of violence or harm towards self or others

We reserve the right to remove listings that we determine violate these Terms or that do not fall within the scope of Designed by Hollywood’s purpose to showcase items designed by entertainment industry artists. Such listings will be removed from the Site, and the member's selling privileges may be suspended and/or terminated. If we remove an item listing for violating our policies, the seller is still obligated to pay the monthly membership fee.  Suspended or terminated members remain obligated to pay us for all unpaid fees per these Terms.

Restricted Activities

You are solely responsible for your conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links ("Content") that you submit, post, and display on the Site.

Your Content and your use of the Site shall not:

  1. Be false, inaccurate or misleading;
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  4. Violate these Terms, any Site policy or guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
  6. Be defamatory, libelous, threatening, harassing or abusive, invasive of privacy or publicity rights, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law;
  7. Impersonate or intimidate any person (including a Designed by Hollywood or other licensed employee, host, or representative, as well as other members or visitors on the Site), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  8. Be obscene or contain child pornography;
  9. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  10. Host images not part of a listing;
  11. Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Designed by Hollywood;

12. Solicit others to join or become members of any other commercial online service or other organization;

  1. Appear to create liability for Designed by Hollywood or cause Designed by Hollywood to lose (in whole or in part) the services of our ISPs or other suppliers;
  2. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under these Terms, our Privacy Policy, or other policy documents as posted on the Site;

15. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

16. Distribute viruses or any other technologies that may harm the Site, or the interests or property of Designed by Hollywood users;

17. Manipulate the price of any item or interfere with other users' listings;

18. Circumvent or manipulate our fee structure, the billing process, or fees owed to us;

19. Copy, modify, or distribute rights or content from the Site, our services, or our copyrights and trademarks; or

20. Harvest or otherwise collect information about users, including email addresses, without their consent.

In using the Site and our services you also agree not to:

  • Fail to deliver payment for items purchased by you, unless a clear typographical error is made, or you cannot reach the seller; or
  • Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot reach the buyer.

Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to the Site, our services, and their Content, delay or remove hosted Content, and take technical and legal steps to keep users from using the Site or services if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, are in violation of these Terms, or acting inconsistently with the spirit of our policies.  We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Site or our services.

Account and Password

If you use the Site or our services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  We do not offer our services for children, but offer them to adults, who are able to form a binding contract and who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our services only with involvement of a parent or guardian.  We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

Shop Owners Content, BIO Page and Credit links 

The purpose of the Credit Link (IMDb) is to offer the opportunity to users to learn about  the shop owners entertainment career, and to verify them as members of the trade.  The Credit link opens in a new window and takes the user to see the shop owners information at the credit links site.  Designed by Hollywood is not responsible or obligated to supply this link to the shop owner, nor is responsible for the content on the credit link site.

The purpose of the Bio page is to offer the opportunity to the shop owners to describe to other users information about themselves as members of the trade. Posting on your Bio page on the Site you warrant that you and all aspects of your Bio comply with Designed by Hollywood's published policies. You also warrant that you are the originator of the content, and owner of the copyright to all your content, including text descriptions, graphics, pictures, video and other content relevant to you as an artist or the work that you have done in the entertainment industry. You are solely responsible for any content that you upload, publish or display (hereinafter, “post”) on the Bio page or through the Site, transmit to or share with other users (“User Content”). You represent and warrant that your User Content is free of libel or other unlawful material, including matter that may be construed as invasion of privacy, violation of confidentiality, violation of a right of publicity, copyright, patent, or trademark infringement, and/or misappropriation of trade secret or any other right of a person or party. You also represent and warrant that all necessary licenses and consents have been obtained for the unrestricted use of your User Content on the Site.  Designed by Hollywood reserves the right to modify or remove, at its sole discretion, any User Content.

  1. 6.    CONTENT

When providing us with Content or posting Content or listings on the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.  You represent and warrant that you own or otherwise control all of the rights to the Content that you provide or post; that the Content is accurate; that use of the Content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from Content you supply. 

We have the right but not the obligation to monitor and edit or remove any activity or Content.   You agree that Designed by Hollywood is a venue and as such is not responsible and assumes no liability for any Content posted by you, other users, or any third party on the Site.  You use the Designed by Hollywood service at your own risk.

Links to third party websites may be accessible on the Site.  We have no control over these linked websites and are not responsible for the content of any third party website or any link contained in a third party website. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites.  You access third party websites at your own risk. 

You agree to allow us to store or re-format your Content and display your Content on the Site in any way we choose.  We will only use personal information in accordance with our Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Designed by Hollywood user.  Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Designed by Hollywood-related communications.  We do not grant you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Designed by Hollywood user to your email or physical mail list.

By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to hold Designed by Hollywood harmless for any dispute concerning this use. If you choose to display your own Designed by Hollywood-hosted image on another website, the image must provide a link back to its listing page on the Site.

  1. 7.    DISPUTE RESOLUTION

You and Designed by Hollywood agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Dispute Resolution Section. Please read this Section carefully.  It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

Applicable Law

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in these Terms.

Agreement to Arbitrate

You and Designed by Hollywood each agree that any and all disputes or claims that have arisen or may arise between you and Designed by Hollywood shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. 

The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND DESIGNED BY HOLLYWOOD AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND DESIGNED BY HOLLYWOOD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).  ANY RELIEF AWARDED CANNOT AFFECT OTHER DESIGNED BY HOLLYWOOD USERS.

  1. Arbitration Procedures

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate.  The AAA's rules are available at www.adr.org.  A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org. 

The arbitration shall be held in Los Angeles county.  If the value of the relief sought is $10,000 or less, you or Designed by Hollywood may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Designed by Hollywood subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant.  Attendance at an in-person hearing may be made by telephone by you and/or Designed by Hollywood, unless the arbitrator requires otherwise. 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law.  The arbitrator shall not be bound by rulings in prior arbitrations involving different Designed by Hollywood users, but is bound by rulings in prior arbitrations involving the same Designed by Hollywood user to the extent required by applicable law.  The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

You can choose to reject this Agreement to Arbitrate ("opt-out") by mailing us a written opt-out notice ("Opt-Out Notice").  The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time.  You must mail the Opt-Out Notice to : 5419 Hollywood Blvd, Suite C720, Los Angeles, CA 90027

The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, and email address(es) associated with your Designed by Hollywood account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Terms and its Dispute Resolution Section will continue to apply to you.  Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Disputes With Third Parties

Should you have a dispute with one or more users, or an outside party, you release Designed By Hollywood (and Designed by Hollywood's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

  1. 8.    INTELLECTUAL PROPERTY

Copyright

All Content included in or made available through the Site or our services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Designed by Hollywood or its Content suppliers and protected by United States and international copyright laws. The compilation of all Content included in or made available through the Site or our services is the exclusive property of Designed by Hollywood and protected by U.S. and international copyright laws.

Trademarks

All trademarks, logos, service marks and trade names included in or made available through the Site or our service are trademarks or trade dress of Designed by Hollywood in the U.S. and other countries.  Our trademarks and trade dress may not be used in connection with any product or service that is not Designed by Hollywood's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Designed by Hollywood. All other trademarks not owned by Designed by Hollywood that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Designed by Hollywood.

  1. 9.    NOTICE AND PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, you can provide Designed by Hollywood’s designated agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designed by Hollywood's Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows:

Copyright Agent

Designed by Hollywood Inc.

5419 Hollywood Blvd, Suite C720

Los Angeles, CA 90027

phone: (323) 595 -1289

e-mail: info@designedbyhollywood.com

 

10. BREACH

Without limiting any other remedies, Designed by Hollywood may, without notice, and without refunding any fees, delay or immediately remove Content, warn our community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

  • We suspect (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached these Terms, our Privacy Policy, or other policy documents and community guidelines incorporated herein;
  • We are unable to verify or authenticate any of your personal information or Content; or
  • We believe that a user is acting inconsistently with our policies, has engaged in improper or fraudulent activity in connection with the Site or our service or the actions may cause legal liability or financial loss to Designed by Hollywood users or to Designed by Hollywood.

11. PRIVACY

Except as provided in our Privacy Policy, we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.  We store and process Content on computers located in the United States that are protected by physical as well as technological security.

12. GIFT CARDS

E-gift certificates and gift cards

  • Our gift certificates don't expire and no maintenance fees are charged on unused gift certificate balances.
  • You can transfer a gift card to someone else.

Redemption
Gift Cards must be redeemed toward the purchase of eligible products on the Site. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient's Gift Card account when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method.  We may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase.

Limitations

Gift Cards cannot be used to purchase other gift cards.  Gift Cards cannot be RELOADED, RESOLD, TRANSFERRED FOR VALUE, REDEEMED FOR CASH OR APPLIED TO ANY OTHER ACCOUNT, EXCEPT TO THE EXTENT REQUIRED BY LAW.

RISK OF LOSS
THE RISK OF LOSS AND TITLE FOR GIFT CARDS PASS TO THE PURCHASER UPON OUR ELECTRONIC TRANSMISSION TO THE PURCHASER, RECIPIENT OR DELIVERY TO THE CARRIER, WHICHEVER IS APPLICABLE. WE ARE NOT RESPONSIBLE IF A GIFT CARD IS LOST, STOLEN, DESTROYED OR USED WITHOUT YOUR PERMISSION.

13. NO WARRANTY

DESIGNED BY HOLLYWOOD, DESIGNED BY HOLLYWOOD'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND DESIGNED BY HOLLYWOOD'S SUPPLIERS PROVIDE DESIGNED BY HOLLYWOOD'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. DESIGNED BY HOLLYWOOD, DESIGNED BY HOLLYWOOD 'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND DESIGNED BY HOLLYWOOD 'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM DESIGNED BY HOLLYWOOD SHALL CREATE ANY WARRANTY. DESIGNED BY HOLLYWOOD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL DESIGNED BY HOLLYWOOD, AND (AS APPLICABLE) DESIGNED BY HOLLYWOOD'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR DESIGNED BY HOLLYWOOD'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, DESIGNED BY HOLLYWOOD'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, DESIGNED BY HOLLYWOOD'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF DESIGNED BY HOLLYWOOD'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO DESIGNED BY HOLLYWOOD IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15.  INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD DESIGNED BY HOLLYWOOD AND (AS APPLICABLE) DESIGNED BY HOLLYWOOD’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

16. NO GUARANTEE

Designed by Hollywood does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Designed by Hollywood's control.

17. LEGAL COMPLIANCE; TAXES

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Designed by Hollywood service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Designed by Hollywood's net income).

18. SEVERABILITY

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

19. NO AGENCY

You and Designed by Hollywood are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

20. CHANGES TO SERVICE; TERMS AND CONDITIONS UPDATES

Designed by Hollywood reserves the right to modify or terminate our service for any reason, without notice, at any time.  We reserve the right to terminate these Terms, or any part of them, without notice at any time, for any reason.  If we make a material change to these Terms or our Privacy Policy, we will notify you by posting the changes here on the Site, by email, by means of a notice on our home page, or other places we deem appropriate.  In our sole discretion, we may assign these Terms, by providing notice of such assignment in accordance with the Notices section of these Terms.

21. SURVIVAL

Paragraph 2 (Fees and Services), 3 (Use of Site, Restricted Activity), 4 (Content, License), 5 (Dispute Resolution), 6 (Intellectual Property), 8 (Breach), 9 (Privacy), 11 (No Warranty), 12 (Limitation of Liability), 13 (Indemnity), 14 (No Guaranty), 16 (Severability), 17 (No Agency) shall survive any termination or expiration of these Terms.

22. NOTICES

Except as explicitly stated otherwise, any notices shall be given to us by postal mail:

Designed By Hollywood

5419 Hollywood Blvd, Suite C720, Los Angeles, CA 90027

Or, in your case, to the email address you have provided to us.  Notice to you shall be deemed given 24 hours after the email is sent.  Alternatively, we may give you legal notice by mail to the address associated with your account.  In such case, notice shall be deemed given three days after the date of mailing.

23. TYPOGRAPHICAL ERRORS

In the event that a Designed by Hollywood product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price.  We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price.

Effective Date: April 3, 2013
Last Updated: April 3, 2013