Hellhound Vintage (“Hellhound” “we” or “us” or “our”) provides the Hellhound Website and various related goods through the Hellhound Website (collectively, the "Website") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.
We expressly reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.
As used in these Terms, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its contents.
1. About the Website
The Website is a platform through which Hellhound sells goods. All goods, other available products and pricing on the Website may change at any time in Hellhound’s sole discretion, without notice.
2. Ownership of the Website, Content and Trademarks
The Website, any content on the Website and the infrastructure used to provide the Website are proprietary to us, our affiliates and other content providers. Unless otherwise provided in these Terms, all materials on the Website, including, but not limited to, text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled and/or licensed by Hellhound, its affiliates or other content providers. By using the Website and accepting these Terms: (a) Hellhound grants you a limited, personal, noncommercial, nontransferable, nonexclusive, revocable license to use the Website pursuant to these Terms and to any additional terms and policies set forth by Hellhound; and (b) you agree not to reproduce, publish, transmit, distribute, create derivative works from, publicly display, publicly perform, alter, modify, license, sell or re-sell, exploit or otherwise use any Content, software, products or services obtained from or through the Website for any public or commercial purpose without the express permission of Hellhound.
Hellhound is an independent reseller of vintage clothing, accessories and other items and is not affiliated with or endorsed by any designer, manufacture, retailer or brand of the items that are listed on the Website. Therefore, while certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Hellhound and its affiliates, third party trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective holders.. Nothing contained on any Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website.
3. Use of the Website
You may use the Website only as permitted by these Terms and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.
Hellhound is intended for people who are at least 18 years old. Persons under the age of 18 are prohibited from using this Website. You affirm that you are at least 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the legally binding terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or prohibited from using the Website.
Additionally, as a condition of your use of the Website, you agree that:
· You are not barred from receiving products or services under applicable law;
· You will not attempt to use the Website with crawlers, robots, data mining or extraction tools or any other functionality;
· You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
· You will only make purchases on the Website for your own use and enjoyment or, as a gift for another person;
· You have the right to provide any and all information you submit to the Website, the information and all such information is accurate, true, current and complete;
· You will update and correct information you have submitted to the Website and ensure that it is accurate at all times (out-of-date information will invalidate your account).
4. Access to the Website
Hellhound retains the right, at our sole discretion, to deny service or use of the Website or an account to any person or entity at any time and for any reason. We may, without notice and in our sole discretion, terminate your right to use the Website, or any portion thereof, and block or prevent your future access to and use of the Website or any portion thereof. While we use reasonable efforts to keep the Website and your account accessible, the Website and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Website access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
5. Modification to Website and Contents
These Terms are effective as of February 10, 2017. We expressly reserve the right to change these Terms from time to time without notice to you, with the revised terms taking effect as of the date of its posting. You acknowledge and agree that it is your responsibility to review this Website and these Terms regularly and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms. Notwithstanding the foregoing, any change to these Terms that materially alters your rights or remedies will be applied prospectively and will not alter your rights or remedies with respect to actions taken or incidents occurring prior to any such change.
At any time, without notice to you and for any or no reason, Hellhound may, in its sole discretion, modify, suspend or discontinue any aspect of the Website, including, without limitation, any content, service, activities, feature or product available on the Website, and any products or services offered through the website. Hellhound shall in no way be held liable to you or any third party for any consequence which results from Hellhound's decision to modify or discontinue providing the Website.
6. User Account
Certain features offered on or through the Website may require you to open an account (including setting up an Account ID and password). You are responsible for updating and correcting information you have submitted to create or maintain your account. You must safeguard your password and supervise the use of your account. You are solely and entirely responsible for maintaining the confidentiality and security of your account information including your Account ID and password, and for any and all activity that occurs on or under your account including maintenance of settings that reflect your preferences. We will assume that anyone using the Website or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. You agree to notify Hellhound immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you may be held liable for losses incurred by Hellhound or any other user of or visitor to the Website due to someone else using your Account ID, password or account.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including failure to maintain updated and correct information about your account, will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any forms of unredeemed value in your account. Upon termination, the provisions of these Terms that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive.
You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. Hellhound cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
7. User Conduct
All interactions on the Website must comply with these Terms. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Website, we may limit your privileges on the Website and seek other remedies.
The following activities are prohibited on the Website and constitute express violations of these Terms. The prohibited activities include, but are not limited to:
(A) Submitting any content to the Website that: (i) Violates applicable laws, statutes, ordinances or regulations (including but not limited to those relating to export control, consumer protection, unfair competition, anti-discrimination, false advertising, intellectual property, rights of privacy and rights of publicity, and defamation); (ii) Is illegal or promotes any illegal activities; (iii) Contains personal information, except when we expressly ask you to provide such information; (iv) Contains viruses or malware; (v) Promotes or offers illegal or unauthorized downloads, copies or links of any copyrighted, confidential or private information; (vi) Contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (vii) Has the effect of impersonating others; (viii) Is purposely inaccurate, false or misleading, or commits fraud or falsifies information in connection with your account or to create multiple accounts; (ix) Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right; (x) Is defamatory, abusive, obscene, profane, offensive, or threatening; or (xi) promotes or encourages violence against a person or damage or destruction of property.
(B) Attempting to do or actually doing any of the following: (i) Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access or reverse lookup, tracing or seeking to trace any information on any other visitor to the Website, or any other customer of Hellhound; (ii) Gaining unauthorized access to any portion or feature of the Website, or any other system or network connected to the Website or to any of our business partners’ servers, systems or networks, by hacking, “password mining” or using any other illegitimate method of accessing data; (iii) Scanning or monitoring the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; (iv) Scanning, testing or probing the security or configuration of the Website or to breach security or authentication measures; (v) Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Website; or (vi) Use any “deep-link”, “robot”, or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of any Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of any Website or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website. We reserve the right to take measures to prevent any such activity.
(C) Using any of the following: (i) Frames, framing techniques or framing technology to enclose any content included on the Website without our express written permission; (ii) Any Website content in any meta tags or any other “hidden text” techniques or technologies without our express written permission; (iii) The Website or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Hellhound; or (iv) The Website or any of its resources to solicit consumers, vendors or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Hellhound, including, without limitation, aggregating current or previously offered deals.
(D) Collecting any of the following: (i) Content from the Website, including, but not limited to, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission; or (ii) Personal information of users, or content of any consumers or vendors.
(E) Engaging in any of the following: (i) Tampering or interfering with the proper functioning of any part, page or area of the Website or any functions or services provided by Hellhound; (ii) Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); (iii) Reselling or repurposing your access to the Website or any purchases made through the Website; (iv) Accessing, monitoring or copying any content from the Website using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission; (v) Violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website; (vi) Hyperlinking to the Website from any other website without our initial and ongoing consent; (vii) Acting illegally or maliciously against the business interests or reputation of Hellhound, our vendors or our services; or (viii) Forging headers or otherwise manipulating identifiers in order to disguise the origin of any message or transmittal you send to Hellhound on or through the Website or any service offered on or through the Website.
9. Terms of Sale
By purchasing or obtaining any good or service via the Website, you agree to the following additional terms:
In order to make a purchase on the Website, you must provide us with your delivery address and billing information. If you have opened an account on Hellhound’s Website and purchased from us before, your delivery address and billing information may already be on file with us, and should be updated by you if necessary. You are responsible for paying all fees and applicable taxes (including but not limited to any applicable international customs duty taxes or similar fees or assessments) associated with the purchased item(s), including but not limited to shipping, delivery and other costs. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account.
Hellhound may, in its sole discretion, verify a user’s identity prior to processing a purchase. Hellhound may also refuse to process, or may cancel a purchase, (i) as Hellhound deems necessary or desirable in its sole and absolute discretion; (ii) to comply with applicable law; or (iii) to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms. Refunds for cancelled orders may be issued in instances that Hellhound determines appropriate.
If a product becomes unavailable between ordering and processing, Hellhound will either cancel or not process the order, and will notify you by email and issue you a refund.
(B) Descriptions and Pricing
Descriptions of the products advertised on the Website are provided by the Hellhound. While we attempt to provide description that are as accurate as possible, Hellhound does not warrant that the product descriptions or other Content of the Website is accurate, complete, reliable, current, or error-free, and is not responsible or liable for any performance or quality claims associated with the description of the products. Additionally, Hellhound has made every effort to display as accurately as possible the colors of our products that appear at the Websites. We do not guarantee that the product you purchase will be the color of the corresponding product displayed on the Website, nor can we guarantee any such color is available even if it is listed as available on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable or error-free. Hellhound reserves the right to correct any typographical errors, inaccuracies, or omissions on the Website that may relate to product descriptions, pricing and availability in Hellhound’s discretion without prior notice.
Hellhound does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Hellhound reserves the right, in its sole discretion, to not process or to cancel any orders placed, if the price was incorrectly posted on the Website. If this occurs, Hellhound will notify you by email. In addition, Hellhound reserves the right, in its sole discretion, to correct any error in the stated retail price of the product(s).
After you place an order on the Website, we will provide you with a tracking number and ship your order to the address designated by you as long as you are compliant with these Terms. You understand and acknowledge that while Hellhound may provide you with an estimated date of delivery for the item(s) purchased, Hellhound makes no guarantee that the item(s) will be delivered before any such provided date. Hellhound shall not be liable for any delays in delivery of purchased item(s) due to circumstances resulting from your actions or inactions or that of another third party. Without limiting the generality of the foregoing provision, Hellhound will not pay any penalty, loss or interest resulting from a delay, difficulty or failure in the delivery of the purchased item(s). We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
(D) Returns Policy, Restocking Fee and Risk of Loss
You acknowledge and understand that once the item(s) you purchased on the Website are paid for by and delivered to you, Hellhound will not accept any returns unless Hellhound determines that Hellhound committed a significant error in describing, packaging, or protecting the item from damage during shipping, and you notify us within 48 hours of receiving the item. However, if you refuse or reject a package shipment of a purchased item(s) after a delivery by Hellhound to the carrier and the item(s) are sent back to Hellhound, you will still be responsible for a restocking fee equal to twenty percent (20%) of the original price of the refused item(s) purchased, plus any additional shipping charges associated with the refusal of delivery. For more information regarding returns please click the following link to see our Returns Policy which applies to the Website, and is incorporated in these Terms by this reference: https://www.hellhoundvintage.com/returns-policy-adirondack/.
Any item listed as “Vintage” on the Website is a previously owned item, and may bear some minor signs of age and/or wear. We disclose all obvious flaws in any products on the Website, and you agree that we are not liable for any defects or flaws in any purchased item(s) that have already been disclosed on the Website. You also acknowledge and understand that the risk of loss for all items purchased pass to you upon delivery of the items by Hellhound to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
10. Copyright and Trademarks
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Website are protected by copyright, trademark and other intellectual property laws of the United States. You may not modify, distribute, publish, store, disseminate, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, posting, modification, redistribution, retransmission, publication or commercial exploitation of the content without the prior written consent of Hellhound or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. It is Hellhound’s policy to terminate use privileges of any user who infringes the copyright rights of third parties upon receipt of proper notification to Hellhound by the third party or the third party’s legal agent. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Hellhound does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
“Hellhound Vintage”, Hellhound logos and variations thereof found on the Website are trademarks owned by Hellhound and all use of these marks inures to the benefit of Hellhound.
Other marks on the Website not owned by Hellhound may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Hellhound unless otherwise stated, or may be the property of their respective owners. You may not use Hellhound’s name, logos, trademarks or brands without Hellhound’s express permission.
11. Unsolicited Ideas
We do not accept or consider, directly or through any Hellhound employee or agent, unsolicited ideas of any kind, including without limitation, ideas, suggestions or proposals relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, proposals, material, images or other work in any form (“Unsolicited Materials”). Our intent is to avoid any misunderstanding in the event that a creative endeavor we commence bears some resemblance to a creative suggestion made by a customer or visitor to the Website. Therefore any Unsolicited Materials or other communication you transmit or post to the Website is and will be considered non-confidential and non-proprietary. If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: (i) Hellhound has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and (ii) Hellhound will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
12. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NONE OF HELLHOUND, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, VENDORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, OWNERS, PARTNERS, MEMBERS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (II) USER CONTENT PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, HELLHOUND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.
13. Limitation of Liability
14. Electronic Communications
When you use the Website or send emails to Hellhound, you are communicating with us electronically and consent to receive electronic communications related to your use of the Website. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Website or from which you otherwise email us.
15. Websites of Others
The Website contains links to websites owned by other parties, such as Etsy, Inc., Facebook, Inc., Instagram, Twitter, Inc., and Pinterest, Inc. The Website also occasionally contains links to websites dedicated for vintage and fashion events, expos and/or exhibitions. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to leave our Website and access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource to the extent that the content, products or services available in question are not owned, maintained or carried out by us.
You agree to defend, indemnify and hold harmless Hellhound, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any products purchased by you through the Website; (b) any User Content submitted or posted by you, in connection with the Website, or any use of the Website in violation of these Terms; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S. or foreign law or rights of a third-party.
You are solely responsible for your interactions with other users of the Website. To the extent permitted under applicable laws, you hereby release Hellhound from any and all claims or liability related to any conduct, speech or User Content, whether online or offline, of any other third-party.
17. Section 1542 Waiver
If you a resident of California, you expressly waives the protection of Section 1542 of the California Civil Code, and expressly waives and releases any rights or benefits arising thereunder.
Section 1542 of the California Civil Code States:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You acknowledge that you are aware that you may hereafter discover facts different from, or in addition to, those which your attorney now knows or believes to be true with respect to the matters released in Section 17 above, and agree that the releases so given in Section 17 above shall be and remain in effect as full and complete releases of the respective claims, notwithstanding any such different additional facts.
18. Force Majeure
Hellhound shall be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Hellhound.
19. Procedure for Alleging Copyright Infringement
Hellhound will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following: (i) a legend or subject line that says: "DMCA Copyright Infringement Notice"; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the Website and a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, (vii) your electronic or physical signature.
Hellhound will only receive DMCA notices by mail or e-mail at:
By Mail: Hellhound Vintage, PO Box 26581, Los Angeles, CA 90026
By E-Mail: firstname.lastname@example.org
Hellhound may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Hellhound may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
You may not assign these Terms, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of Hellhound. Any attempted assignment that does not comply with these Terms shall be null and void. Hellhound may assign these Terms, in whole or in part, to any third-party in its sole discretion.
21. Entire Agreement
22. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HELLHOUND AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
(A) Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 7 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Hellhound agree (a) to waive your and Hellhound’s respective rights to have any and all Disputes arising from or related to these Terms, the Website and/or goods obtained from or through Hellhound resolved in a court, and (b) to waive your and Hellhound’s respective rights to a jury trial. Instead, you and Hellhound agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
(B) No Class Arbitrations, Class Actions or Representative Actions
You and Hellhound agree that any Dispute arising out of or related to these Terms, the Website and/or goods obtained from or through Hellhound is personal to you and Hellhound and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Hellhound agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Hellhound agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
(C) Federal Arbitration Act
You and Hellhound agree that these Terms affect interstate commerce and that the enforceability of this Section 22 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
(D) Notice; Informal Dispute Resolution
You and Hellhound agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Hellhound shall be sent by certified mail or courier to Hellhound Vintage, PO Box 26581, Los Angeles, CA 90026. Your notice must include (a) your name, postal address, telephone number, the email address you use for Hellhound orders, and if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Hellhound cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Hellhound may, as appropriate and in accordance with this Section 22, commence an arbitration proceeding or, to the extent specifically provided for in Section 22(A), file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 7 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND HELLHOUND AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR HELLHOUND WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND Hellhound WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Hellhound agree that (a) any arbitration will occur in the State of California, County of Los Angeles, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Los Angeles, exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
(F) Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(G) Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
If any term, clause or provision of this Section 22 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 22 will remain valid and enforceable. Further, the waivers set forth in Section 22(B) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
(I) Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 22 by writing to: Hellhound Vintage, Attn: Hellhound Vintage, PO Box 26581, Los Angeles, CA 90026. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 23.
23. Jurisdiction, Venue and Governing Law
You agree that for purposes of venue, these Terms was entered into in Los Angeles, California and shall be governed by the laws of the State of California. These Terms, your access to and use of the Website and your order, receipt and use of the purchased goods shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The arbitration proceeding shall take place and the arbitration award given in writing in Los Angeles, California. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Los Angeles, City of Los Angeles. In the event of litigation or arbitration to interpret or enforce the provisions of these Terms, the prevailing party shall be entitled to recover all expenses, including reasonable attorney’s fees incurred.
24. Additional Disclosures
No waiver by either you or Hellhound of any breach or default or failure to exercise any right allowed under these Terms is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms, and the remaining portions shall continue in full force and effect.