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Terms of Use

TERMS OF USE FOR URBANDOLLZZ

Last Updated: January 25th, 2022

Welcome to UrbanDollz LLC ("UrbanDollz")'s website located at https://urbandollzz.com/ (the "Site"). Please read these Terms of Service (the "Terms"), our Privacy Policy https://urbandollzz.com/policies/privacy-policy ("Privacy Policy"), and our Returns and Refund Policy https://urbandollzz.com/policies/refund-policy ("Returns & Refunds Policy") carefully because they govern your use of our Site and related services accessible via our Site. Our Privacy Policy, Returns and Refunds Policy, and Terms of Sale are incorporated hereto by reference. To make these Terms easier to read, the Site and our services are collectively called the "Services."

1. Agreement to Terms.

By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.

WHEN YOU AGREE TO THESE TERMS YOU ARE ALSO AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND URBANDOLLZ THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 29 BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION)

2. Terms of Sale.

By purchasing any Products through the Site, you recognize that you have read, understand and agree to be bound by the Terms in effect at the time of purchase, including any additional terms, conditions and policies referenced and available by hyperlink. Any reference to these Terms shall include all policies which are incorporated into these Terms. These Terms apply to all users of the Site (including, without limitation, browsers, vendors, customers and merchants). You should also carefully review our Privacy Policy available at https://urbandollzz.com/policies/privacy-policy before placing an order through this Site, as well as our Shipping, Return and Refund and other policies referenced below. If you do not agree to the Terms, do not make any purchase on the Site.

UrbanDollz reserves the right to amend these Terms at any time, without prior written notice, in UrbanDollz's sole discretion, and such changes shall apply to any purchases made after such changes are posted on the Site. You agree that it is your responsibility to monitor changes to our Site.

3. Prices and Payment

By submitting an order through the Site, you agree to pay UrbanDollz all charges at the prices then in effect for the Products you or anyone else using your account or payment method may purchase, and you authorize UrbanDollz's designated payment processor to charge the account you specify for the purchase amount. You agree to be responsible for all purchases and other activities that occur under your name and/or account. Posted prices may not include sales tax, which may be charged to you when applicable. All payments are to be made in United States Dollars. UrbanDollz reserves the right to correct any errors or mistakes in pricing even if it has already requested payment. UrbanDollz also reserves the right to change the prices for the Products without notice and UrbanDollz will not be liable to you or any third-party for any modification or price change.

You also agree not to fraudulently dispute any valid charges with your bank or credit card in order to avoid paying for product that was shipped to you.

In the event that UrbanDollz is unable to charge your payment method for any amounts owed, you agree to pay any reasonable collection fees that UrbanDollz may incur while attempting to collect payment.

If, due to failed charges, UrbanDollz is unable to charge the full payment amount due, you agree that UrbanDollz may submit lesser charges at up to daily intervals until we recover any amounts owed to us.

4. Product Descriptions and Availability

The inclusion of any Products on the Site does not imply or warrant that these Products will be available at any particular time or that the listed attributes are accurate or complete. We continually upgrade and revise our Products and may revise, discontinue or modify Products at any time without prior notice to customers, and Products may become unavailable without notice. UrbanDollz shall have no liability of any kind if a Product that has been ordered is unavailable. Certain Products or services may be available exclusively online through the Site and UrbanDollz also reserves the right to limit the sales of Products to certain person, geographic region or jurisdiction. If necessary and in its sole discretion, UrbanDollz reserves the right to substitute items of equal or greater value when an item is unavailable or UrbanDollz may cancel the order. We have made every effort to display as accurately as possible the colors and images of our Products on the Site, however, the actual color of Products you see will depend in part on your computer system, and we cannot guarantee that the color, texture or detail of actual Products will be accurate. We reserve the right to refuse service to anyone, cancel orders or terminate accounts for any reason, at any time, at our sole discretion.

5. Accuracy, Completeness, and Timeliness of Information

We attempt to be as accurate as possible and eliminate errors on the Site, however, we do not warrant that any Product or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. The material and information available on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. UrbanDollz is not responsible if information made available on this Site is not accurate, complete or current. Any reliance on such information is at your own risk.

6. Correction

In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a Product or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Site at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged.

7. The Monthly Subscription Contract

Our month-to-month subscription with an initial 3-month commitment when signing up, you will be charged every 30 days from the day you subscribe. The items purchased on a "Subscription Program" basis are excluded from our 14 day refund policy. No other promotions can be combined with "Subscription Program" pricing and items. 

8. Automatic Renewal Terms for Monthly Subscription.

You agree that we may submit monthly charges, every 30 days after the subscription date, to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before we reasonably could act. By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by us after the expiration date of your payment card. Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal. If, due to failed charges, we are unable to charge the full payment amount due, we may submit lesser charges at up to daily intervals until we recover any amounts owed to us.

You also agree not to dispute these charges with your bank or credit card, and to pay any collection fees that UrbanDollz may incur while attempting to charge you for the items you received.

9. Cancellation Policy for Monthly Subscription.

The cancellation ceases all following automatic payments. To cancel your Monthly Subscription at any time, you may log in to your account and follow the cancellation procedures there. You may also email support@urbandoll.com providing your name, billing address, and last four digits of your credit card, and request to cancel. If you request to cancel before the first month's charge, please note that you will be required to return the purchased items within 7 calendar days from the cancellation request. You agree to commit at least 3 months to the "Subscription Program" without cancellation or refund. If you cancel your subscription after the initial 3 month time commitment, you must send us the tracking number within 48h of requesting cancellation in order to suspend the first month's charge. If we do not receive the purchased items back within 7 calendar days of your cancellation request, you will be charged the one-time price for the items you received, and we will immediately cancel your subscription so that you are not charged anything further going forward.

11. Shipping Policy and Risk of loss.

Our shipping policy is available at: https://urbandollzz.com/policies/shipping-policy. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to these Terms. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

12. Return and Refund Policy.

Our return and refund policy is available at: https://urbandollzz.com/policies/refund-policy.

13. Proper Use of the Products and Release.

You are solely responsible for reading and complying with all instructions available on the Site and provided by us in connection with the Products, whether on or inside the Products packaging, including, without limitation, instructions regarding the proper application of the Products. If you cannot comply with the foregoing instructions, do not purchase the Products. If you chose to purchase and use the Products, you agree and understand that you are doing so at your own risk.

You agree that UrbanDollz, its employees, contractors, subcontractors, agents, and affiliates, and their successors and assigns (the "UrbanDollz Parties") will not be responsible, under any circumstances, for your failure to follow instructions provided by UrbanDollz and you hereby release the UrbanDollz Parties from any and all liability and responsibility relating to your failure to follow such instructions or to use the Products as directed.

14. Warranty and Disclaimers

WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCT OFFERED ON OUR SITE AND DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE PRODUCTS WILL BE CORRECTED. ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE UrbanDollz PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE AND THIS AMOUNT SHALL CONSTITUTE THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE UrbanDollz PARTIES COLLECTIVELY.

16. Goods Not for Resale or Export.

Products purchased or otherwise provided through the Site, including samples and gift items, are for personal use only and are not for resale, commercial use, research or reverse engineering purposes. You shall indemnify and hold UrbanDollz and its parents, affiliates, agents, vendors, and contractors harmless from any claims relating to or arising from a breach of this Section 16.

17. Force Majeure

UrbanDollz will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

18. Privacy Policy.

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

19. Changes to Terms or Services.

We may update the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the updated Terms on the Site or through other communications. It is important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then, except as otherwise provided in Section 29, "Effect of Changes on Arbitration," you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

20. Registration and Your Information.

If you want to use certain features of the Services you will have to create an account ("Account"). You can do this via the Site or through your account with certain third-party social networking services such as Facebook (an "SNS Account"). If you choose the SNS Account option we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

21. Accuracy of Account Information.

It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.

22. General Prohibitions and UrbanDollz's Enforcement Rights.

You agree not to do any of the following:

  • Use, display, mirror or frame the Services or any individual element within the Services, UrbanDollz's name, any UrbanDollz trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without UrbanDollz' express written consent;
  • Access, tamper with, or use non-public areas of the Services, UrbanDollz' computer systems, or the technical delivery systems of UrbanDollz' providers;
  • Attempt to probe, scan or test the vulnerability of any UrbanDollz system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by UrbanDollz or any of UrbanDollz' providers or any other third party (including another user) to protect the Services;
  • Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by UrbanDollz or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a UrbanDollz trademark, logo URL or product name without UrbanDollz's express written consent;
  • Use the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we're not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

23. Links to Third Party Websites or Resources.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Shopify Inc.'s Terms of Service apply to all transactions made on the Site. The Services may also contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

24. Termination.

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@urbandoll.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 25, 26, 27, 28, 29 and 30.

25. Warranty Disclaimers.

THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the accuracy or completeness of the information made available on the Site which is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the information available on the Site is at your own risk.

26. Indemnity.

You will indemnify and hold harmless UrbanDollz, its employees, contractors, subcontractors, agents, and affiliates, and their successors and assigns (the "UrbanDollz Parties"), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or (ii) your violation of these Terms.

27. Limitation of Liability.

NEITHER THE UrbanDollz PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE UrbanDollz PARTIES OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE UrbanDollz PARTIES' TOTAL COLLECTIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO UrbanDollz FOR USE OF THE SERVICES OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO UrbanDollz, AS APPLICABLE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UrbanDollz AND YOU.

28. Governing Law and Forum Choice.

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 29 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and UrbanDollz are not required to arbitrate will be the state and federal courts located in the Central District of California, and you and UrbanDollz each waive any objection to jurisdiction and venue in such courts.

29. Dispute Resolution.

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and UrbanDollz agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and UrbanDollz are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

Exceptions and Opt-out. As limited exceptions to Section 14(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@urbandoll.com or by regular mail at 601 W 5th street,1100, Los Angeles CA 90071, United States within thirty (30) days following the date you first agree to these Terms.

Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org/Forms.

Class Action Waiver. You and UrbanDollz agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

Effect of Changes on Arbitration. Notwithstanding the provisions of Section "Changes to Terms or Services" above, if UrbanDollz changes any of the terms of this Section 29 "Dispute Resolution" after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@urbandoll.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of UrbanDollz's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and UrbanDollz in accordance with the terms of this Section 14 "Dispute Resolution" as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

30. General Terms.

Severability. With the exception of any of the provisions in Section 14(d) of these Terms ("Class Action Waiver"), if any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

31. Entire Agreement.

These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms, and these Terms supersede and replace any and all prior oral or written understandings or agreements between UrbanDollz and you regarding the Services.

32. Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without UrbanDollz's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. UrbanDollz may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

33. Notices.

Any notices or other communications provided by UrbanDollz under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

34. Waiver of Rights.

UrbanDollz's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UrbanDollz. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

35. Contact Information.

If you have any questions about these Terms or the Services, please contact UrbanDollz at support@urbandoll.com.

36. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

{UrbanDollz} (hereinafter, "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy {https://UrbanDollz.com/pages/privacy-policy} (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that {UrbanDollz} and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Beauty Products and Services. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text "HELP" to the number you received messages from or email us at support@urbandoll.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, CA before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which UrbanDollz's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.