Last Updated March 13, 2024

Dolls Kill Terms of Use

These Terms of Use (“Terms”) contain an arbitration provision and class action waiver that apply to all claims brought against Dolls Kill in the United States. Please review the Arbitration Agreement section for details.

Dolls Kill, inc. ("Dolls Kill", “we”, “our”, “us”), as a convenience to you, grants you (“you”, “your”) access to its websites, accessible via www.dollskill.com or any website owned or controlled by Dolls Kill, including its subdomains (collectively, the “Website”), and use of its applications (hereinafter referred to as the “Apps”) (together the “Site”), conditioned on your acceptance of these Terms, conditions, and notices contained herein (the “Terms”) (together with, our Privacy Policy, Return Policies, and, if applicable, the Cookie Policy, and any other documents referred to herein).

BY USING OUR SITE, YOU ARE AGREEING TO THE TERMS BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS OR THE PRIVACY POLICY, DO NOT USE THE SITE.

For the purposes of these Terms, "User Generated Content" means collectively any text, images, graphics, software, source code, Apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Site that are not Unsolicited Submission (as that term is defined in Section 7 below), including but not limited to the design, structure, selection, coordination, expression, "look and feel", and arrangement of such content.

These Terms do not alter in any way the terms or conditions of any other agreement You may have with Dolls Kill or its affiliates for other products or services.

1. Privacy Policy.

   We respect your right to privacy at Dolls Kill! It's important to us that you know how we collect and use your personal information, and that you know that your personal information will only be used in compliance with our Privacy Policy, which is incorporated into these Terms by this reference. For further information regarding Dolls Kill’s processing of your personal information, please refer to our Privacy Policy, available at https://www.dollskill.com/pages/privacy-policy.

2. Change and Supplement to These Terms.

   These Terms may be revised at our sole discretion at any time and from time to time by updating them here. You are expected to check this page from time to time to take notice of any changes Dolls Kill has made, as they are binding on you. The Terms were updated as of March 13, 2024, and will be in effect no later than April 24, 2024, solely to the extent you live in a jurisdiction that requires advance notice. When changes are made, we will notify you by making the revised version available on this webpage or by providing written notice to you by email and will indicate at the top of this page the date that revisions were last made. You understand and agree that your continued access to or use of the Site after any posted modification to these Terms indicates your acceptance of the modifications. If you do not agree with the modified Terms, you should stop using the Site.

3. Authorized Use

   The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, for example, 18 years of age or older, and who are not otherwise barred from using the Platform under applicable laws.

   The Site is provided solely as a convenience to you for non-commercial use. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms.

   You acknowledge and agree that Dolls Kill, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site.

   As a condition of your use of the Site, you agree not to use the Site for any unlawful purposes and in compliance with these Terms. No right, title, or interest in or to the Site or any content thereof is transferred to you, and all rights not expressly granted are reserved by Dolls Kill. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. In addition, when providing User Generated Content (as described in Section 7) or otherwise using or Website, Apps and/or using our services, you agree not to without limitation:

   • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized in these Terms, without Dolls Kill’s express prior written consent.
   • Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
   • Use the Site in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate Dolls Kill or anyone else; display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community.
   • Use the Site to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.
   • Restrict or inhibit any other person from using the Site.
   • Use the Site to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights such as by collecting or storing any personal information from the Site about anyone without their express permission.
   • Remove any copyright, trademark, or other proprietary rights notice from the Site.
   • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, unless you obtain Dolls Kill’s express prior written consent to do so.
   • Disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Site or interfere with anyone else’s use of the Site.
   • Engage in any other conduct that affects anyone else’s use or enjoyment of the Site or that, as determined by us, may harm Dolls Kill.
   • Systematically download and store any content of the Site.
   • Use any robot, spider, or other automatic or manual device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; modify, adapt, translate, or reverse engineer any portion of the Site.
   • Use any device, software, or routine that interferes with the proper working of the Site. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
   • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, including any server on which the Site are stored, or any server, computer, or database connected to the Site.
   • Cause attacks to the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site.
   • Cause injury to any person or entity.
   • Use the Site or Dolls Kill’s name, logo, or brand to send any unsolicited or unauthorized content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation or use any meta tags or other hidden text or metadata utilizing a Dolls Kill trademark, logo, URL, or product name without Dolls Kill’s written consent.
   • Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms.

   Dolls will have the discretionary right, but not the obligation, to monitor, evaluate, and analyze User Generated Content, and any use of and access to the Site, including to determine compliance with these Terms and any other operating rules that may be established by Dolls Kill from time to time. Dolls Kill will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any content made available through, the Site, for any reason. Despite the right described above, you are solely responsible for any content you make available, and you agree to indemnify Dolls Kill for all claims resulting from any content you make available.

   Any unauthorized use of the Site will terminate the permission or license granted by these Terms, will result in you being barred from using the Site, and may violate applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

4. User Account

   If you purchase products or services using the Site, you may be prompted to establish an account with Dolls Kill, and if you wish, you can choose to do so. You are solely responsible for (i) ensuring the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) maintaining the current email address listed on your account. You are solely accountable and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password. You agree to immediately notify Dolls Kill of any unauthorized use of your password or account or any other breach of security by using the form at this link: https://help.dollskill.com/pages/contact. We retain the right to disable any account or password at our discretion, for any reason.

   You certify that any information you provide on or through the Site is accurate and complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. Dolls Kill is not responsible for any losses arising out of the unauthorized use of your account. You agree that Dolls Kill does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site. You agree that Dolls Kill is not a party to any such agreement, nor is Dolls Kill responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Dolls Kill Site or any portion of the Site, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Site or any portion of the Site.

   You acknowledge and agree that Dolls Kill may, in alignment with our Privacy Policy, and to the extent allowed by applicable law, access, preserve, and disclose your account information, all submissions, all communications to and from you, all data related to your use of the Platform, and all information relating to the use of the Site under your account or account password. This may be necessary if Dolls Kill is compelled by legal mandates, or if Dolls Kill determines that such actions are crucial to safeguard the rights of Dolls Kill, third parties, and other users of the Site, or in order to respond to your customer service inquiries.

5. Intellectual Property Rights.

   All Content and aspects of the Site, as well as the selection and arrangement thereof, including, without limitation, any, works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, trade dress, features, or functionality, and other intellectual property, and any merchandise information, product descriptions, reviews, comments, messages, communications, feedback, and other information, data, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials) (collectively, “Materials”) that Dolls Kill makes available on or through the Site are owned or controlled by or licensed to Dolls Kill, its licensors, or other providers of such Materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

   Any such Materials are licensed (not sold) to end users subject to your compliance with these Terms, and solely for so long as you are permitted by Dolls Kill to use the Site, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (i) retain all copyright, trademark, or other proprietary designations contained on the Materials; (ii) do not modify or alter the Materials in any way; and (iii) do not provide or make available the Materials to any third party in a commercial manner. No license, right, title, or interest in the Site or any Materials is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), copy, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Website or Apps.

   Dollskill.com, Dolls Kill, Widow, Dolls Home, Darker Wavs, Poster Grl, The Grave Girls, Club Exx, Sugar Thrillz, Current Mood, Generation Kiss, Unholly, Horoscopez, Let’z Party, Delia’s, and all related names, logos, product and service names, designs, and slogans are trademarks of Dolls Kill or its affiliates or licensors. You must not use such marks without the prior written permission of Dolls Kill, and Dolls Kill reserves all rights. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

   In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Dolls Kill or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Dolls Kill.

   Dolls Kill reserve all copyright and other intellectual property rights associated with the images and moving image material on the Site and will not tolerate any infringement of their rights or any loss of or damage to their goodwill caused by such infringement. Legal proceedings will be commenced without further notice in the event of any infringement of intellectual property rights vested in Dolls Kill.

6. Copyright and Trademark Infringements.

   We respect the intellectual property of others and ask that you do the same. If you believe that your work has been copied and is appears on our Site in a way that constitutes infringement, please provide Dolls Kill’s designated agent the information described by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"), and described in our Intellectual Property Compliance & Reporting Procedure.

7. User Generated Content.

   1. The Site may provide you with the ability to create, post, upload, display, publish, transmit, broadcast, share, or otherwise make available content, including messages, text, illustrations, files, images, graphics, photographs, ratings, reviews, questions, products, listings, descriptions and images of goods or services, resources or other information or materials (together, “User Generated Content”). This User Generated Content may be accessible and viewable by the public. Whether on Dolls Kill’s Website, Apps or affiliated platforms. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any User Generated Content provided by you in connection with the Site is provided on a non-proprietary and non-confidential basis.
   2. In addition, to the extent any User Generated Content contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to Dolls Kill a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of Dolls Kill’s products and services (in any media, whether now known or not currently known or invented). The User Generated Content provided to us shall be considered non-confidential and Dolls Kill is under no obligation to treat such User Generated Content as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information.
   3. You understand and agree that you are solely responsible for any User Generated Content you provide. Dolls Kill assumes no responsibility for any User Generated Content  posted by you or any third party. You shall not post any User Generated Content that: (i) is defamatory, abusive, obscene, profane, or pornographic; (ii) violates or infringes upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; (iii) is false, misleading, or inaccurate; (iv) promotes hatred, discrimination, or violence against any individual or group based on race, gender, religion, nationality, disability, sexual orientation, or age; or (v) is harmful to minors in any way. As a provider of interactive services, Dolls Kill is only a forum and is not liable for any statements, representations, or User Generated Content provided by its users in any public forum or personal home page.
   4. We are under no obligation to screen, edit or monitor any User Generated Content and assume no responsibility or liability relating to any such User Generated Content. However, we may delete or remove User Generated Content, with or without notice, at any time and for any reason.
   5. SUBJECT TO THE LICENSE GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR USER GENERATED CONTENT. Though you retain ownership of any copyright or other intellectual property rights in your User Generated Content, by providing it, you agree that Dolls Kill is free to use such User Generated Content for the purpose of providing you and others with use of the Site and their functionality and providing you with the associated products and services, and, unless the rights in such User Generated Content are assigned to Dolls Kill under these Terms, you grant Dolls Kill a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the User Generated Content without the need for further notice, attribution, or compensation, unless otherwise mandated by law. Furthermore, if there are any intellectual property or moral rights or similar rights in your User Generated Content, you're consenting not to enforce them against Dolls Kill.
   6. Should Dolls Kill ever grant you permission to use its Content or copyrighted materials in your User Generated Content, it will be conditional upon your assignment of all rights in the resulting work to Dolls Kill. If such rights are not assigned to us, your license to use Dolls Kill’s copyrighted material is voided.
   7. Dolls Kill reserves the right to monitor, modify, or remove User Generated Content at its discretion. Non-compliance with our terms may result in account termination or removal of User Generated Content without prior notification. It should be noted that Dolls Kill does not necessarily endorse the opinions or content submitted by users.

8. Reliance on Information Available on the Site.

   The Site may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We do our best to ensure that information on the Site is complete and accurate but you acknowledge and agree that we do not warrant the accuracy, completeness, or usefulness of any information made available through the Site. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information and the availability of any Product are subject to change at any time without notice.

   Dolls Kill is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Dolls Kill’s licensors, suppliers, business partners, or other third parties to whose Site we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Site, including the product description, country of origin, sizes, and other information. Always read labels, warnings, directions, and other information provided with the product before using it. For additional information about a product, please contact the manufacturer.

   All products are intended for sale to adults, including without limitation any Products that could, without our knowledge or consent, be used by children such as plush animals. Dolls Kill has no liability to you for content on the Site that you find to be offensive, indecent, or objectionable. Certain images, videos, texts, designs, and other Products are intended for "mature audiences" only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

9. Third Party Links.

   You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part nor does it incur any obligation, responsibility, or liability on the part of Dolls Kill, any of its successors and assigns, and any of its officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers, unless otherwise expressly stated by us. We do not verify, endorse, or have any responsibility for any such third-party Site, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even if our logos or sponsorship identification is on the third-party site as part of a co-branding or promotional arrangement. You agree that, to the fullest extent permissible pursuant to applicable law, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party service providers and advertisers on the Site.

   You may choose to provide us with comments, reviews, ideas, suggestions or feedback from time to time regarding the Site. You agree that Dolls Kill will own, and you hereby assign to Dolls Kill your intellectual property rights in and to any and all comments, ideas, reviews, ideas and feedback and that Dolls Kill will be free to use, disclose, reproduce, license, distribute, and exploit them provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

10. Unsolicited Idea Submission.

    Dolls Kill does not accept unauthorized creative idea submissions (including without limitation; product design, drawing, products or graphic) other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to prevent potential confusion should your ideas resemble those we've already created or are in the process of creating independently.

    Any such ideas disclosed to Dolls Kill are not confidential and Dolls Kill may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including creative ideas, product design, drawing, graphic, template, or graphic, testimonials, reviews, comments, or suggestions (collectively, “Unsolicited Submission”), is received and treated by us on a non-confidential and unrestricted basis. If despite this policy, you provide Dolls Kill with any Unsolicited Submission, you hereby grant Dolls Kill a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Unsolicited Submission for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under applicable laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Dolls Kill is not required to make any use of any Unsolicited Submission that you provide. You agree that if Dolls Kill makes use of your Unsolicited Submission, Dolls Kill is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Unsolicited Submission that you provide to Dolls Kill to grant Dolls Kill and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.

11. Unavailability of the Site and Termination.

    We reserve the right to withdraw or modify the Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We reserve the right to discontinue, suspend, deny or terminate your access to the Site at any time, without notice, for any reason and without any obligation to you or any third party if we have reasonable grounds to believe that any information that you provide or have provided is false, inaccurate, or otherwise violates these Terms. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments. Without limiting the foregoing, Dolls Kill reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.

12. DISCLAIMER AND WARRANTIES.

    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

    THE WEBSITE, APPS, USER GENERATED CONTENT, AND ANY PRODUCTS OR CONTENTS, INCLUDING LINKS, SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY DOLLS KILL ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLLS KILL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THIS SECTION 12 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY DOLLS KILL TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE Site MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO DOLLS KILL ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

    IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. DOLLS KILL THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DOLLS KILL RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, DOLLS KILL MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, DOLLS KILL WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE.

    AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO DOLLS KILL THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.

    NOTHING IN THESE TERMS SHALL AFFECT YOUR LEGAL RIGHTS UNDER APPLICABLE CONSUMER LAWS.

13. LIMITATION OF LIABILITY.

    TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACKNOWLEDGE THAT, IN NO EVENT WILL DOLLS KILL, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF DOLLS KILL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, DOLLS KILL WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NEITHER DOLLS KILL NOR DOLLS KILL AFFILIATES WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SUPPLIER, VENDORS, (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE DOLLS KILL WEBSITE AND APPS.

14. Indemnification.

    You agree to defend (at Dolls Kill’s option), indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of the Site or breach of these Terms. Dolls Kill reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Dolls Kill if and as requested by Dolls Kill in the defense and settlement of any such matter.

15. Dispute Resolution and Arbitration.

    PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    1. Informal Dispute Resolution

       We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at Dolls Kill, 5019 N. Figueroa Street, Los Angeles, CA 90042, Attn: Legal Department. Any notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the notice, any relevant facts regarding your use of the Dolls Kill Site, including whether you have created an account with or receive any emails associated with the Dolls Kill Site and/or if you have made a purchase from the Dolls Kill Site, and if so, the date(s) of the purchase(s); (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the notice. The notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. Any agreement reached as a result of this informal meeting shall be treated as confidential by the parties. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completion of this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice, provided that you have complied with these Terms. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of products) must be commenced within one (1) year after the claim or cause of action arises.

    2. Arbitration Agreement

       Except as set forth below, you and we agree that we will resolve controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to these Terms. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.

       To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at Dolls Kill, 5019 N. Figueroa Street, Los Angeles, CA 90042, Attn: Legal Department. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.

       Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure Section 998.

       If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

       This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

       Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. You agree to an arbitration on an individual basis and no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief”. In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

    3. Mass Arbitration Process Requirements

       If twenty-five (25) or more similar claims are asserted against Dolls Kill at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Dolls Kill. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Dolls Kill will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Dolls Kill. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Dolls Kill will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your claims and filing fee deadlines shall be tolled for claims subject to this Section regarding "Mass Arbitration Process Requirements" from the time claims are selected for the first set of batching proceedings until the time your claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this Section regarding "Mass Arbitration Process Requirements" and, if necessary, to enjoin the filing or prosecution of arbitration demands against Dolls Kill. Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," you and we agree that both parties' counsel shall engage in good faith efforts along with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

       If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.

       THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

16. California Prop 65.

    Dolls Kill makes this warning as a result of the Safe Drinking Water and Toxic Enforcement Act of 1986, Prop 65, which requires businesses to inform citizens in California about exposures to certain chemicals. For additional information regarding Prop 65, please refer to https://www.dollskill.com/pages/proposition-65.

    WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.

17. Electronic Communications.

    When you create an Account with us and provide your email address and/or mobile phone number and/or when you communicate with us electronically, such as via email or through the Site, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY, POSTED ON THE SITE, AND/OR VIA TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS TO YOUR PHONE FROM US. These communications may include notices about your Account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), advertisements, and your relationship with us. You represent that you are the Account holder for the mobile telephone number(s) that You provide. If you change your mobile telephone number(s), you will notify us immediately by updating your number on the Site. Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to you electronically and/or in these Terms satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

    We may use automated or manual means to deliver text messages to you if you have a U.S. phone number. Text messages providing you information about marketing reminders, cart reminders, selling tips, Dolls Kill’s events, promotions, product launches and marketing messages related to Dolls Kill’s products and services are sent through our marketing program. You may opt out of these communications at any time by following the opt out information provided within the communications or on our Site. Consent to receive marketing text messages and other electronic communications is not required to purchase any products or services. You agree that Dolls Kill may use and/or disclose contact information consistent with Dolls Kill’s Privacy Policy.

18. Applicable. Law.

    These Terms shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

19. Entire Agreement; Waiver and Survival.

    These Terms govern our relationship with you as it relates to the Site. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms. This Section 19 is subject to the provisions of Section 12 and 13 of this Terms.

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Intellectual Property Compliance & Reporting Procedure

Dolls Kill respects the intellectual property rights of others and mandates similar respect from its suppliers, vendors, manufacturers, employees, contractors, and other business associates. Our commitment to honoring IP rights forms the foundation of our business relationships.

Our Stance:

We have a non-negotiable stance against infringement, ensuring all products on our site respect the IP rights of others. This applies to:

1. Dolls Kill Owned Brands: Items created, designed, made, or owned by us. We have instituted rigorous compliance protocols to maintain the authenticity of these products.
2. Third Party Brands: Products or content from external brands or designers that are available on our Site. Before working with us, these brands pledge to respect intellectual property rights of other as a condition of collaborating with us. These brands pledge their respect for IP rights before collaborating with us. Non-compliance results in a breach of their contract with Dolls Kill.
3. User Generated Content (as defined in Section 7 of the Terms): While we may from time to time offer a platform for such content, on our Website, mobile App, and related social media accounts, we expect all User Generated Content to adhere to and respect intellectual property rights.

While we diligently strive to ensure our content and products don't infringe on any third-party IP rights, we're aware that no system is infallible. To address potential oversights, we've set up a reporting mechanism for intellectual property rights owners to notify us of legitimate infringement concerns.

If you believe that a Content on the Site (including our mobile App, and related social media platforms exclusively controlled and operated by us), infringes any intellectual property that you own or control, please provide Dolls Kill’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single website are covered by a single notification, a representative list of such works at that website.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Platform, and information reasonably sufficient to permit Dolls Kill to locate the material.
• Information reasonably sufficient to permit Dolls Kill to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note, that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Dolls Kill’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:

At Dolls Kill, we're committed to upholding the highest standards of intellectual property respect and encourages our community to help us do that and do the same.

Messaging

In addition, you agree to our Messaging Terms and Messaging Privacy Policy