Last Updated March 31, 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE IN GENERAL. DO NOT PURCHASE ANY PRODUCT OR SUBSCRIPTION, REGISTER AN ACCOUNT OR USE ANY SERVICES AVAILABLE ON THE SITE IF YOU ARE NOT IN AGREEMENT WITH ANY PART OF THE TERMS.
2. Change and Supplement to These Terms.
These Terms may be revised at our sole discretion at any time and from time to time by updating them here. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You understand and agree that your continued access to or use of the Site after any posted modification to these Terms indicates your acceptance of the modifications. If you do not agree with the modified terms and conditions, you should stop using the Sites.
4. Authorized Use of the Sites.
You certify that any information you provide on or through the Sites is accurate and complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. Dolls Kill is not responsible for any losses arising out of the unauthorized use of your account. You agree that Dolls Kill does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Sites. You agree that Dolls Kill is not a party to any such agreement, nor is Dolls Kill responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Walmart Sites or any portion of the Walmart Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Sites or any portion of the Sites.
As a condition of your use of the Sites, you agree not to use the Site for any unlawful purposes and in compliance with these Terms. No right, title, or interest in or to the Sites or any content thereof is transferred to you, and all rights not expressly granted are reserved by Dolls Kill. Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. In addition, you agree not to:
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Sites except as expressly authorized in these Terms, without Dolls Kill’s express prior written consent.
• Use the Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Use the Sites in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate Dolls Kill or anyone else; display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community.
• Use the Sites to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.
• Restrict or inhibit any other person from using the Sites.
• Use the Sites to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights such as by collecting or storing any personal information from the Sites about anyone without their express permission.
• Remove any copyright, trademark, or other proprietary rights notice from the Sites.
• Frame or mirror any portion of the Sites, or otherwise incorporate any portion of the Sites into any product or service, unless you obtain Dolls Kill’s express prior written consent to do so.
• Disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Sites or interfere with anyone else’s use of the Sites.
• Engage in any other conduct that affects anyone else’s use or enjoyment of the Sites or that, as determined by us, may harm Dolls Kill.
• Systematically download and store any content of the Sites.
• Use any robot, spider, or other automatic or manual device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; modify, adapt, translate, or reverse engineer any portion of the Sites.
• Use any device, software, or routine that interferes with the proper working of the Sites. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, including any server on which the Sites are stored, or any server, computer, or database connected to the Sites.
• Cause attacks to the Sites via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Sites.
• Cause injury to any person or entity.
• Use the Sites or Dolls Kill’s name, logo, or brand to send any unsolicited or unauthorized content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation or use any meta tags or other hidden text or metadata utilizing a Walmart trademark, logo, URL, or product name without Dolls Kill’s written consent.
• Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
Dolls will have the discretionary right, but not the obligation, to monitor, evaluate, and analyze user content, and any use of and access to the Sites, including to determine compliance with these Terms and any other operating rules that may be established by Dolls Kill from time to time. Dolls Kill will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any content made available through, the Sites, for any reason. Despite the right described above, you are solely responsible for any content you make available, and you agree to indemnify Dolls Kill for all claims resulting from any content you make available.
5. Intellectual Property Rights.
All aspects of the Sites, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, trade dress, features, or functionality, and other intellectual property, and any merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials) (collectively, “Materials”) that Dolls Kill makes available on or through the Site are owned or controlled by or licensed to Dolls Kill, its licensors, or other providers of such Materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Any such Materials are licensed (not sold) to end users subject to your compliance with these Terms, and solely for so long as you are permitted by Dolls Kill to use the Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (i) retain all copyright, trademark, or other proprietary designations contained on the Materials; (ii) do not modify or alter the Materials in any way; and (iii) do not provide or make available the Materials to any third party in a commercial manner. No license, right, title, or interest in the Sites or any Materials is transferred to you as a result of your use of the Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Sites.
Dollskill.com, Dolls Kill, Widow, Dolls Home, Darker Wavs, Poster Grl, The Grave Girls, Club Exx, Sugar Thrillz, Current Mood, Generation Kiss, Unholly, Horoscopez and all related names, logos, product and service names, designs, and slogans are trademarks of Dolls Kill or its affiliates or licensors. You must not use such marks without the prior written permission of Dolls Kill, and Dolls Kill reserves all rights. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
6. Copyright Infringement Claim.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on our Sites in a way that constitutes copyright infringement, please see our DMCA Procedure available below for instructions on how to contact us to report possible copyright infringement.
7. Reliance on Information Available on the Sites.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We do our best to ensure that information on the Sites is complete and accurate but you acknowledge and agree that we do not warrant the accuracy, completeness, or usefulness of any information made available through the Sites. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
Dolls Kill is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Dolls Kill’s licensors, suppliers, business partners, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Sites, including the product description, country of origin, sizes, and other information. Always read labels, warnings, directions, and other information provided with the product before using it. For additional information about a product, please contact the manufacturer.
All Products are intended for sale to adults, including without limitation any Products that could be used by children such as plush animals. Dolls Kill has no liability to you for content on the Sites that you find to be offensive, indecent, or objectionable. Certain images, videos, texts, designs, and other Products are intended for “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
8. Third Party Links.
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part nor does it incur any obligation, responsibility, or liability on the part of Dolls Kill, any of its successors and assigns, and any of its officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers, unless otherwise expressly stated by us. We do not verify, endorse, or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even if our logos or sponsorship identification is on the third-party site as part of a co-branding or promotional arrangement. You agree that, to the fullest extent permissible pursuant to applicable law, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party service providers and advertisers on the Sites.
You may choose to provide us with comments, reviews, ideas, suggestions or feedback from time to time regarding the Sites. You agree that Dolls Kill will own, and you hereby assign to Dolls Kill your intellectual property rights in and to any and all comments, ideas, reviews, ideas and feedback and that Dolls Kill will be free to use, disclose, reproduce, license, distribute, and exploit them provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
10. Unavailability of the Sites and Termination.
We reserve the right to withdraw or modify the Sites in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. We reserve the right to discontinue, suspend, deny or terminate your access to the Sites at any time, without notice, for any reason and without any obligation to you or any third party if we have reasonable grounds to believe that any information that you provide or have provided is false, inaccurate, or otherwise violates these Terms. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments.
11. DISCLAIMER OF WARRANTIES.
12. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACKOWLEDGE THAT, IN NO EVENT WILL DOLLS KILL, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF DOLLS KILL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, DOLLS KILL WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NEITHER DOLLS KILL NOR DOLLS KILL FFILITES WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SUPPLIER, VENDORS, (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE WALMART SITES.
You agree to defend (at Dolls Kill’s option), indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of the Sites or breach of these Terms. Dolls Kill reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Dolls Kill if and as requested by Dolls Kill in the defense and settlement of any such matter.
14. Dispute Resolution and Arbitration.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Dolls Kill will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the below arbitration provision.
a. Informal Dispute Resolution. As an initial matter, in an effort to avoid the high stress and important cost associated to legal disputes both you and Dolls Kill agree that any controversy, claim, action, or dispute in any way related to your use of the Sites, any purchase from Dolls Kill, or to any products or services sold or distributed by Dolls Kill (“Dispute”) will be resolved by this dispute resolution procedure and Arbitration Agreement below.
Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Dolls Kill at: Dolls Kill Legal Department, 5015 N. Figueroa St, Los Angeles, CA 90042, Attn: General Counsel, or to you at: your last shipping address and/or the last address you have otherwise provided to us. Both you and Dolls Kill agree that this informal dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
b. Arbitration Agreement. To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration as described in this section.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
c. Right to Bring Small Claims in Court. Instead of arbitration, either you or Dolls Kill may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
15. California Prop 65.
Dolls Kill make this warning as a result of the Safe Drinking Water and Toxic Enforcement Act of 1986, Prop 65, which requires businesses to inform citizens in California about exposures to certain chemicals. For additional information regarding Prop 65, please refer to “What Is Prop 65” in our FAQ using this link: https://www.dollskill.com/faq-s
WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.
16. Applicable. Law.
These Terms shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
17. Entire Agreement; Waiver and Survival.
These Terms govern our relationship with you as it relates to the Sites. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms. This Section 16 is subject to the provisions of Section 11 and 12 of this Terms.
Intellectual Property Compliance Statement and Report Procedure.
Dolls Kill respects the intellectual property rights of others and requires that all suppliers, vendors, manufacturers, employees, contractors, brands, designers and any other business partners of Dolls Kill commit to the same respect of the IP of others as a condition of doing business with us.
Dolls Kill has a zero-tolerance policy for infringement and is dedicated to ensuring that all products offered on our website do not infringe on the rights of others. This requirement applies to products designed, manufactured, created, controlled and/or owned by Dolls Kill and identified as such ("Dolls Kill Owner Products") for which we have implemented various compliance mechanisms that our employees and business partners must follow to ensure the authenticity of all Dolls Kill's Owned Products (See also our Supplier Code of Conduct)
This requirement also applies to content and products created, supplied, controlled and/or owned by third-party brands, suppliers or independent designers featured on Dolls Kill's website ("Third Party Brands"). As a condition of being promoted on Dollskill.com, Third-Party Brands commit to the same respect of the intellectual property of others prior to commencing business with us; failure to comply with this requirement is a breach of the agreement between the Third-Party Brand and Dolls Kill for which the Third-Party Brands shall be responsible. Specifically, in such unfortunate event, Third Party Brands will defend, or cooperate in the defense of, hold harmless and indemnify, Dolls Kill from third party claims that any Third Party Products infringe the intellectual property rights of another. For additional information regarding the standards our Third Party Brands must follow as a condition of doing business with Dolls Kill, please refer to our Supplier Code of Conduct.
Although Dolls Kill takes all reasonable measures to ensure that all content and products listed on our website do not infringe upon the copyright, trademark, or other intellectual property rights of third parties, we recognize that it is impossible to control the accuracy of all information and content featured on our website. For this reason, in addition to our corporate IP compliance policies, our supplier code of conduct, and other contractual tools, we have also set up the below procedures for intellectual property rights owners and their agents to report legitimate claims of infringement as to items listed on Dolls Kill's website.
Claim of Infringement.
To make a claim of intellectual property infringement, you will be required to declare, under penalty of perjury, that the information provided is correct and that you are the IP rights owner or an authorized agent and contact our copyright agent by mail or email at the information provided below. If the information is inaccurate or incomplete, our legal department may be unable to process or respond to your request. If you have questions about the extent of your IP rights or whether your rights have been infringed, please consider seeking legal advice.
Copyright infringement is the unauthorized use of a work of art that is protected under applicable copyright law such as a photograph, a design, a sculpture, a video, etc. (for additional information see https://www.copyright.gov/what-is-copyright/)
If you are a copyright owner (or an agent for such owner) and believe that your work has been copied in a way that constitutes copyright infringement, please provide Dolls Kill's Digital Millennium Copyright Act designated agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• Any documentation evidencing the nature and extent of your rights on the work in question (if applicable);
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send the above information to our designated copyright agent by email and/or mail:
Dolls Kill’s Legal Department
ATTN: DMCA Designated Agent
5015 N. Figueroa Street, Los Angeles, CA 90042
Email: firstname.lastname@example.org(subject line: "Copyright Infringement")
Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages (including costs and attorneys' fees) incurred by the alleged infringer or by Dolls Kill, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you received a DMCA notification and believe it was submitted in error, you may submit a counter notice to request that your listing be republished. The counter notice must contain all of the following information: 1) Contact Information – include name, email address, physical address and telephone number; 2) URL or other identifying information of material to be republished; 3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; 4) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and will accept service of process from the person who provided the DMCA notification or an agent of such person; and 5) A physical or electronic signature. Counter notices should be sent to the following email address: email@example.com.
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Dolls Kill may at its discretion suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.
Trademark and Patent Claims
A trademark is a word, phrase, symbol or design that identifies and distinguishes the source of goods or services of one party from those of others. Under United States trademark law, a trademark owner has the right to prevent competitors from using its trademark if the use would cause a likelihood of confusion.
A patent is a grant from the United States Patent Office that gives the holder exclusive right to its article of manufacture.
If you believe that your trademark or patent has been infringed, please notify Dolls Kill by sending an email with the subject line “Trademark Infringement” or Patent Infringement”, as applicable.
Note that Dolls Kill does not mediate trademark and patent disputes between third parties and trademark or patent owners. Rather, Dolls Kill will forward the trademark claim to the third party before taking any action, with the intent that the third party and trademark owner will resolve between themselves any dispute over ownership rights and infringement. Dolls Kill reserves the right to remove any content that infringes or reasonably suspected to infringe the intellectual property rights of a trademark or patent owner.
Counterfeit goods are inauthentic items that are intended to appear authentic. If you believe that a counterfeit of your product is accessible or being sold on Dollskill.com, please notify our legal department at firstname.lastname@example.org with the line subject “Counterfeit Claims”. Dolls Kill reserves the right to remove any content it believes to be counterfeit and further reserves the right to take any additional measures it deems appropriate in handling a claim of counterfeit goods.