1) Introduction

Thank you for visiting Hollywood Body Jewelry, a website dedicated to wholesale body jewelry, owned and operated by Spikes, Inc., a California corporation (the “Company,” or “we,” or “HBJ”). These Terms of Service (“Terms”) describe your rights and responsibilities regarding your use of hollywoodbodyjewelry.com (“Website”) and any other websites that we may later own or operate; any content, functionality, products, and services offered on or through the Website; and any other products and services we may later own or operate (collectively, the “Services”). These Terms are legally binding.

By accessing or using the Website or any of the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to any of these Terms, you must not access or use the Services. If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that other entity to these terms. In that case, the terms “you” and “your” refer to that entity.

Changes may be made to these Terms and our other policies from time to time. We will let you know by posting the modified Terms or policies on the Website or through other communications. Your continued use of the Services will be deemed acceptance to amended or updated terms. You are encouraged to check this page from time to time and keep your contact information updated so that you are aware of any changes, as they are binding on you.

If you are a minor, as used in these Terms meaning persons under 18 years of age, you must obtain the permission of your parent or guardian prior to using the Website. If you do not obtain such permission, do not use the Website. The Website is not intended for use by children under the age of 13.

2) Electronic Communications

When you visit the Website, you are communicating with HBJ electronically, and you consent to receiving communications from it electronically. The Company may provide you with use of email support services to enable you to communicate with the Company (“Communication Services”). You hereby acknowledge your consent to the following communications from the Company: messages posted to your Account on the Website, email from the Company regarding the Website or your use of the Services, and updates about changes to the Website.

3) Your Account

You may choose to not register for an account and access the Website as a guest user. However, you will not be able to access certain contents on the Website.

To gain access to the pricing information of our products, you must first create an individual user account (“Account”).

You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your access to the Website, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by our Account registration form; (b) maintain and promptly update such Account information, each time you log on and as far as possible, to keep it true, accurate, current, and complete; (c) certify that you are over the age of 13 and have the legal ability to consent to the Services or have your Parent/Guardian consent to use the Website; and (d) remain responsible for maintaining the confidentiality of your Account password and username, and any other security information related to your Account at all times. If you provide any Account information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, the Company reserves the right to terminate your Account. The Company will not be liable for any loss that you incur because of someone else accessing and using your Account, either with or without your knowledge.

You agree to immediately notify HBJ of any unauthorized use of your Account. You are fully and solely responsible for the security of your computer system and all activity on your Account, even if such activities were not committed by you. HBJ will not be liable for any losses or damage arising from unauthorized use of your Account, and you agree to indemnify and hold HBJ harmless for any improper or illegal use of your Account, unless you have notified HBJ via email to [email protected] that your Account has been compromised. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of your Account. You should log out from your Account at the end of each use.

Your Account may not be sold or otherwise transferred to another person or entity and is limited to one single user per Account.

You may delete your account at any time, for any reason, by notifying us via e-mail to [email protected].

Any suspension or deletion of your Account shall not affect your obligations under these Terms (including but not limited to, indemnification, representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination. On termination, you lose the right to access part of the Website that are only available for Registered Users.

You agree that all information you provide to register for an Account on the Website is governed by our Privacy Policy as available at https://www.hollywoodbodyjewelry.com/help/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

4) General Payment Terms

Before you pay any fees for the products you'd like to purchase (“Products”), you will have an opportunity to review and accept the fees that you will be charged.

The Company reserves the right to determine pricing for Products at our sole discretion. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Company may change the fees for any Product at any time. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of the Company's customers. These promotional offers, unless made to you, will not apply to you.

The Company will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide. Please note that international packages may be subject to duties and taxes. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check your local customs website for more information. Due to restrictions from our financial partners or restrictions by law, Company does not ship to the following locations: Belarus, Burma, Congo, Côte d'Ivoire, Crimea, Cuba, Iran, Iraq, Lebanon, Liberia, Libya, North Korea, Somalia, Sudan/South Sudan, Syrian Arab Republic, Yemen, and Zimbabwe.

The Company will attempt in good faith to deliver your items in accordance with your order, but Company will not be responsible or liable for any delays or failure in such delivery. Company expressly reserves the right to effect delivery of any order in any number of separate shipments, and the modes of transport and carriers will be decided at the Company’s sole discretion. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there.

Company will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Company's reasonable control. In such cases, Company will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time. If you waive the signature requirement for the delivery, the Company is not responsible for any lost packages. You agree that all purchased Products are made pursuant to a shipment contract. This means that the risk of loss and title for the Products is passed to you upon our delivery to the carrier.

You authorize Company to charge all sums for the orders that you make, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your order is placed on hold, we will reach out to you to ensure that the delays are minimal.

Company has partnered with certain third-party payment processors to process payments you make via the Website. The processing of payments in connection with your purchase will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to our Privacy Policy and Terms. You agree to promptly review all charges processed through the Payment Processor, and immediately notify the Company to the extent you have any questions, concerns, or disputes with respect to any charges. We are not responsible for any errors by the Payment Processor.

The Company may suspend or terminate access to the Website for any account for which any amount is due but unpaid. In addition to the amount due for Products, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

5) Refund Policy

HBJ takes great pride in our reputation for quality and excellent value. If you are dissatisfied with a purchase, or if your merchandise was damaged when it arrives, you may request a prompt replacement or a return for store credit equal to the value of the returned items.

All return requests must be initialized within 21 days of the order date. Returns may incur a 15% restocking fee. Any items without the original packaging will not be accepted as return.

6) Third Party Materials

The Website might display, include or make available third-party content (including data, information, commercials, or other materials) or contain links to third-party websites, services, and advertisements for third parties (collectively, the “Third-Party Materials”). You agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials on the Website.

7) Intellectual Property Rights

The Website is owned and operated by Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Website (“Materials”) provided by Company are protected by intellectual property and other laws. All Materials included in the Website are the property of Company or its third party licensors. Except as expressly authorized by Company, you may not make use of the Materials. Company reserves all rights to the Materials not granted expressly in these Terms.

You should not re-use or re-publish any Materials made available through the Website or copy any of the material made available through the Website for commercial purposes, without the express written permission of the Company.

You should not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, store or transmit any of the Materials made available to you on Website, with the exception that: (a) your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials on either of your computer or mobile device, respectively; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not: (a) modify copies of any materials from the Website without appropriate licenses; (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from the Website.

If you wish to obtain the necessary license to make use of any Materials on the Website, please email [email protected].

If you print, copy, modify, download or otherwise use or provide any other person, organization, company, or business with access to any part of Website in breach of these Terms, your right to access the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Company or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

The Company name, the term “Hollywood Body Jewelry” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product, and service names, designs and slogans on the Website are the trademarks of their respective owners, where applicable.

8) Product Photos

When you purchase an item from the Website, the Company will grant you a non-exclusive, royalty-free, non-transferable, non-sublicensable limited license to download the Company’s product photos of the product you purchased, with no watermarks and in full resolution, for use on your e-commerce platforms (“Product Photos”).

You may not recast, transform, adapt, translate, edit, alter, or modify any Product Photos or otherwise create any derivative works based on any Product Photos. This means: (a) you may not alter the Product Photo in any way—no cropping, recoloring, compositing, or partial usage; and (b) the Company’s signature colorway and material indicators and any other recurring graphical additions, photographic styles, or decorations must not be transferred to or combined with any other product image than what it originally came with, whether the product came from HBJ or not.

Improper usage or distribution of Product Photos may result in your account being blacklisted by the Company and prohibited from placing future orders.

9) Copyright Protection

We respect the intellectual property rights of others and request all users of the Website to do the same.

If you believe your copyright has been infringed on the Website, please notify us by email at [email protected] to submit a written notification, stating the location of the work claimed to be infringing.

Upon the receipt of written notification of infringement and subject to applicable copyright laws, The Company may remove or disable access to any such Content.

To be effective, the notification of claimed infringement must be a written communication that includes substantially the following:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
• Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;
• Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the precise location on the Services where they discovered the work claimed to be infringing;
• Information reasonably sufficient to permit us to contact them, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that they have a good faith belief that the use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that they are authorized to act on behalf of the owner of copyright that is allegedly infringed.

After receiving the communication, The Company may ask person who submitted the claimed infringement to provide further or supplemental information, prior to removing any Content on the Website, as we deem necessary to comply with applicable law. We may also provide the user who uploaded the allegedly infringing content, with the contact details of person who submitted the claimed infringement, in order for the former to be able to contact the latter and challenge the claim.

Counter Notification: If the Company removes Content that a user submitted for posting, pursuant to a notification of claimed infringement that we received, then that user has an opportunity to respond to the notification and our takedown by submitting a counter-notification. To be effective, the counter notification must be a written communication that includes substantially the following:

• The user's physical or electronic signature;
• Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;
• A statement, under penalty of perjury, that the users has a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;
• User's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the competent courts in any judicial district in which their address is located or in which they may be found, and that they will accept service of process from the person who provided notification or an agent of such person.

After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification.

We may then repost the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless The Company first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain such user from engaging in infringing activity relating to the material on the Website.

The Company reserves the right to deny or cancel any instance of your use of the Services, or terminate your Account altogether, if we determine, at our sole discretion, that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user whose uploaded Content was removed from the Services more than twice.

Any person who knowingly materially misrepresents that certain Content is infringing, or certain Content was removed or disabled by mistake or misidentification may be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the Content claimed to be infringing.

Please contact the Company’s copyright agent for all alleged infringement-related notifications:

Copyright Agent c/o Hollywood Body Jewelry
16858 S Main St, Gardena, CA 90248
[email protected]

10) No Unlawful or Prohibited Use

You agree to use the Website only for your lawful business purposes and in accordance with these Terms.

You agree not to use the Website:

• for any unlawful purpose or in any way that violates applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
• to impersonate or attempt to impersonate the Company, a Company employee or agent, another user or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing);
• to engage in any other conduct that interferes, restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company, other users of the Website or expose them to liability;
• to use the Website in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server;
• to gain unauthorized access to the Website or other users’ Accounts, computer systems or networks connected to any Company server or to any of the Content, through hacking, password mining or any other means;
• to obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Website;
• to use any robot, spider or other automatic device, process, or means to access the Website for any prohibited purposes, including monitoring or copying any of the material presented thereon,
• to use any manual process to monitor or copy any of the material on the Website, or for any other unauthorized purpose without Company’s prior written consent;
• to use any device, software or routine that interferes with the proper working of and delivery of the services on the Website;
• to introduce any viruses, trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful;
• to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website or any related technology that is not open source;
• to monitor the Website’s availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against the Company or any other competitive purposes;
• to attack the Website via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack or otherwise attempt to interfere with the proper working of the Website;
• to use the Website in any way that is inappropriate or disrespectful of other users, including, but not limited to, selecting a username that contains profanity or racial slurs, uploading inappropriate or offensive contents, and posting inappropriate comments. The Company reserves the sole discretion in determining what is inappropriate or disrespectful.

11) Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website.

12) Limited Warranty and Liability Disclaimer

The Company reserves the right to modify or discontinue the Website at any time (including by limiting or discontinuing certain Products or features of the Service), temporarily or permanently, without notice to you. Company will have no liability for any change to product offerings or the Service or any suspension or termination of your access to or use of the Website.

The Company does not warrant that product descriptions on the Website are accurate, complete, reliable, current, or error-free. If a Product offered on the Website is not as described, your sole remedy is to return it in unused condition. The company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose.

EXCEPT AS PROVIDED FOR IN THESE TERMS, THE SERVICE, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES, PRODUCTS, OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, PRODUCTS, AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AND PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE) OR ANY LOSS OF DATA.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

13) Governing Law and Jurisdiction

All matters relating to the Company, Privacy Policy and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

14) Dispute Resolution

We encourage you to contact the Company’s Customer Service department via email at [email protected]. If you have concerns or complaints about the Website. Generally, user complaints can be satisfactorily resolved this way. If we cannot resolve your concerns informally, disputes between you and the Company shall be resolved pursuant to this Section.

You agree to resolve any disputes arising out of or relating to any aspect of your relationship with the Company exclusively be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator has exclusive authority to resolve any Dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

The binding arbitration must take place in Los Angeles, California, or another location mutually agreed to by the parties. The arbitration shall be held before a sole arbitrator. The arbitration shall be binding with no right of appeal. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.

PLEASE BE AWARE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

15) Waiver; Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16) Entire Agreement

These Terms constitute the sole and entire agreement between you and the Company with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

17) Force Majeure

Any failure or delay by the Company in the performance of its obligations pursuant to these Terms will not be deemed a default or breach of these Terms or a ground for termination to the extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial of service attacks, fire, flood, earthquake, elements of nature or acts of God, pandemic, acts of war, terrorism, riots, civil unrest, rebellions or revolutions in the U.S. or any nation where the obligations under these Terms are to be executed, strikes, supplier and third party failure, lockouts, or labor difficulties, or any similar cause beyond the reasonable control of the Company.

18) Contact Us

You may contact us and direct all other feedback, comments, requests for technical support, refund requests, and other communications relating to the Website via email at [email protected].