This Terms of Service Agreement (“Agreement” or “terms of Service”) is a legal Agreement between you (“you”, “your”, or “customer”) and NEXA GLOBAL GROUP CO. INC. (“we”, “us”, “Hollywood Condoms™”, the “company”, “ Hollywood Condoms™ Club”, “HCC”), the owner and operator of the HollywoodCondoms.com. website (the “site”, “website”) and the related Hollywood Condoms™ services (“services”). This Agreement states the terms and conditions that govern your use of the site and of all services, affiliate program, features, E-Gift Cards, credits and resources available or enabled via the site and/or services (collectively, with the site and the “services”), and your purchase of the memberships and products sold through our services. By accessing the site and by using any of the services, you are indicating that you accept, and agree to comply with this Agreement. Should you do not accept this Agreement, you are not permitted to, and you must not, access our site, use the services or purchase products or memberships from Hollywood Condoms™.
By signing up for a Membership to the Hollywood Condoms™ Club (as defined below), you represent, acknowledge and agree that you are at least 18 years of age. If you are under 18 years of age but are at least 16 years old, you confirm to use our site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold NEXA GLOBAL GROUP CO. INC. and Hollywood Condoms™ harmless should your child breach or disaffirm any term or condition of this Agreement.
Please note that this Agreement contains provisions that govern how disputes between us are resolved, including a jury trial waiver and a class action waiver.
We advise you to read this Agreement carefully before accessing our site or before using our services. By accessing or using any part of our site or services, you agree to become bound by these Terms of Service. Should you not agree to all the Terms of Service, then you may not access our site or use any of our services. Should you have any questions regarding our our Terms of Service, please email us at: Love[at]HollywoodCondoms.com.
2. Changes to our Terms to our Terms of Service, Personal Information, Privacy
Changes to our Terms of Service
We may update our Terms of Service from time to time. Should that be the case, then we will inform you by posting the changed Terms of Service on this page with a new “Last Updated” date. In some cases (for example, if we significantly expand our use or sharing of your Personal Information), we may also tell you about changes by additional means, such as by sending an e-mail to the e-mail address we have on file for you. In some cases, we may request your consent to the changes.
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships. Hollywood Condoms™ reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Hollywood Condoms™ uses a third party payment processing service to process orders and bill fees to your credit, debit, or other Company accepted payment method (“Payment Method”).
You may be able to review, update or modify the Personal Information that is stored in your user account on the site (if you have one) by logging in to the “My Account” or similar area of the site. We may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. Your right to delete your information is subject to our records retention policies.
You may have the right to opt in to or opt out of certain of our uses and disclosures of your Personal Information. For example, when you are asked to provide Personal Information on this site, you may have the opportunity to elect to, or not to, receive messages from us by email. You can also opt-out of our promotional emails by clicking on the opt-out link within the email you receive. Please understand that it may take us a few days to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
NEXA GLOBAL GROUP CO. INC. and the makers of Hollywood Condoms™ Products and other fine products have established an Internet Privacy Statement.
We do not require personal information to obtain access to any part of our website. However, consumers may communicate in E-mail messages in response to one of the several interactive sections on our website. Moreover, consumers volunteer identifying information that enables us to process sample and/or brochure requests as well as merchandise orders that are received electronically. Any communication or material transmitted to this website by email or other means shall be treated as non-confidential and non-proprietary. This includes ideas, suggestions, comments, questions and any other information or data. Anything submitted to NEXA GLOBAL GROUP CO. INC. can be used, reproduced, transmitted, disclosed or published by NEXA GLOBAL GROUP CO. INC. or its affiliates without restriction or compensation.
Our Web server collects the domain names (but not the email addresses) of visitors to our website. The information is aggregated to measure the number of visits, average time spent on our site, pages reviewed, and so forth. NEXA GLOBAL GROUP CO. INC. utilizes this information to measure the use of our website and periodically to improve its content.
Finally, NEXA GLOBAL GROUP CO. INC. has taken measures in an effort to keep all information from our online visitors secure against unauthorized access or use; however, NEXA GLOBAL GROUP CO. INC. does not represent or guarantee that such information will be secure against unauthorized access or use.
The maker of this website reserves the right to modify or change this policy at any time and for any reason without prior notice. Some NEXA GLOBAL GROUP CO. INC. websites are designed to allow users to post content (e.g., photographs and public comments) for public review. Accordingly, by submitting User Materials and/or any personal information to NEXA GLOBAL GROUP CO. INC., you thereby waive any and all privacy expectations (including the privacy expectations of any other individual who appears in the User Materials or otherwise) with respect to this website use of the User Materials. If you choose not to have your content, picture, video, or any other profile information about yourself viewable by a global audience, you should not use this website.
3. Passwords, Social Media, User License and Chat Sessions
Passwords and Social Media
You may log in to the site by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook, Instagram, Youtube and LinkedIn (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this site to be shared with your contacts in your third party site account.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Hollywood Condoms™ if there is any unauthorized use of your password or if you know of any other breach of security in relation to the services.
Subject to your compliance with this Agreement, Hollywood Condoms™ hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the services (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the services and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the services or Content or otherwise attempt to gain unauthorized access to any portion of the services or Content or any other systems or networks connected to the site, or to any server of Hollywood Condoms™ or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the services or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the services or with any other person’s use of the services; (d) track or seek to trace any information on any other person who visits the site or uses our services; (e) use the services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the site, services, or Content.
Hollywood Condoms™ offers to its Members the ability to enter into an instant messaging session (“Chat Sessions”) with a Hollywood Condoms™ Help Center Agent (“HCA”). In order to maintain a high standard of service and provide a safe environment for its HCAs, Hollywood Condoms™ reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or acts that violate the Terms of Service. If you do not agree to the Terms of Service, including these provisions relating to the Chat Sessions, please do not use the Chat Session service.
Due to account security restrictions HCAs are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your service, please log onto your account or email our Help Center at Love[at]HollywoodCondoms.com to complete such transactions. HCAs may request your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the chat. HCAs are NOT supposed to ask you for your password or Payment Method information to confirm your account. If a HCA asks for your password or payment information, please immediately discontinue the Chat session and email our Help Center at: Love[at]HollywoodCondoms.com.
4. Terms of Sale
Sales of Products and Memberships to End Users Only
Hollywood Condoms™ sells condoms and other intimate supplies as well as lifestyle accessories (the “Product(s)”) to end-user customers who purchase these or our monthly memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on Hollywood Condoms™' then-current pricing page located on the site at: www.hollywoodcondoms.com. The price that we will charge you for the Products and Memberships will be the price as posted on the site on the date you first sign-up for a Membership to the site. Hollywood Condoms™ reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
Your Membership may start with a promotional trial period, allowing you to receive your first condom pack shipment at a reduced price ("Trial"). At the time of sign-up, your Payment Method will just be charged for the reduced trial price and shipping and taxes, if applicable. For combinations with other offers, restrictions may apply. Hollywood Condoms™ reserves the right, in its absolute discretion, to determine your Trial eligibility.
We will begin billing your Payment Method the applicable monthly Membership fees -- based on the condom type you selected -- at the end of the Trial unless you cancel your Membership prior to the end of the Trial. To view the specific details of your Membership, including monthly Membership price and end date of your Trial, visit our website and click the "My Account" or similar page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial period.
You will not receive a notice from us that your promotional (reduced Trial) pricing has ended or that the standard rate portion of your Membership has begun. To avoid being charged after the expiration of your Trial, you must cancel your Membership prior to the end of the first month. We will continue to bill your Payment Method on a monthly or other basis (depending on your selection) for your Membership fee until you cancel. For detailed instructions on how to cancel, see our Membership Cancellation Policy below.
Hollywood Condoms™ reserves the right, in its absolute discretion, to withdraw or modify any Trial offerings or promotions at any time without prior notice and with no liability.
Hollywood Condoms™ accepts various Payment Methods. You agree to pay all fees charged to your account based on Hollywood Condoms™' fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize Hollywood Condoms™ or the third party payment processing service provider that we engage to charge your Payment Method for any such taxes and fees. All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, Hollywood Condoms™ reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in US dollars.
Hollywood Condoms™ and Hollywood Condoms™' third party payment service provider may receive updated Payment Method information from your credit card or payment method issuer. The disbursement of the updated Payment Method information is provided to Hollywood Condoms™ and Hollywood Condoms™' third party payment service provider at the election of your credit card and payment method issuer. Neither Hollywood Condoms™ nor Hollywood Condoms™' third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
If you are dissatisfied with one of our Products for any reason, Hollywood Condoms™ will refund the amount paid for your most recent month of service. Refund requests must be made directly to Hollywood Condoms™ at Love[at]HollywoodCondoms.com.
All refund requests must be made within thirty (30) days of the date of shipment by Hollywood Condoms™. Hollywood Condoms™ is not liable for Products that are damaged or lost in transit to Hollywood Condoms™. Promptly following Hollywood Condoms™' receipt of your request (typically within five (5) business days), Hollywood Condoms™ will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Hollywood Condoms™ does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback.
Hollywood Condoms™ will not provide a refund for a request that is received by Hollywood Condoms™ more than thirty (30) days after the date of original shipment. Hollywood Condoms™ also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
5. Hollywood Condoms Club Membership Policy
Hollywood Condoms Club Membership Policy
Monthly Hollywood Condoms Club Membership renewals fees will be automatically charged to your card on file each month.
Hollywood Condoms™ will automatically renew your Hollywood Condoms™ Club Membership on each monthly anniversary date of the Membership (depending on the subscription selections you make) and, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process, we will charge your Payment Method with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month.
Hollywood Condoms™ offers its members the ability to temporarily pause their Hollywood Condoms™ Club Memberships (“Pause Period”). During the Pause Period, members will remain active members, but they will not receive any Hollywood Condoms™ Products.
A Membership may be placed on a Pause Period for either a one, two, or three month period. During the Pause Period, members will remain a member of the Hollywood Condoms™ Club, continue to receive communications from Hollywood Condoms™ via email, but will not be charged any maintenance or membership fee.
You may cancel your Membership at any time by logging on to your account page within www.Hollywoodcondoms.com. To cancel a membership, please log in to your account on the site and select the "membership options". Follow instructions towards cancellation. Cancellation requests submitted in this manner (via your account page on the www.Hollywoodcondoms.com website) must be received at least one full calendar day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. Cancellation requests received by Hollywood Condoms™ through other channels may take up to more days to process. If you have any problems, please email Love[at]HollywoodCondoms.com. Hollywood Condoms™ requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
6. Shipping and Product Acceptance
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent via the U.S. Postal Service or a suitable third-party carrier. The risk of loss and title for all Products purchased via the site pass to the Customer upon delivery of the item to the carrier.
7. E-Gift Cards
Purchasing and Redemption
- By purchasing Hollywood Condoms™ E-Gift Cards ("Gift Cards", “ E-Gift Cards”), you agree and represent that your use of the E-Gift Cards will comply with this Agreement and all applicable laws, rules, and regulations, and that you will not use the E-Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Hollywood Condoms™, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other Hollywood Condoms™-related entity.
- A site account is not required in order to purchase a E-Gift Card. If the E-Gift Card is purchased for an individual other than you, the recipient of the E-Gift Card shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have a site account at the time of receiving the email, they will be prompted to create a site account in order to redeem the E-Gift Card. A site account is required in order to redeem a E-Gift Card.
- You may purchase E-Gift Cards for any value between $10 and $500 US dollars. The amount of the E-Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the E-Gift Card. If the purchase of a E-Gift Card is part of a promotional campaign wherein purchase of a E-Gift Card at a predetermined dollar amount is awarded with additional Hollywood Condoms™ credits (“Hollywood Condoms™ Credits”), these Hollywood Condoms™ Credits shall only be available for use after the total amount of E-Gift Cards has been exhausted. In all circumstances Hollywood Condoms™ Credits shall be used only after the exhaustion of E-Gift Cards.
- Personal information that you provide in connection with the purchase or redemption of E-Gift Cards will be governed by the Hollywood Condoms™ Terms of Service.
- E-Gift Cards and Hollywood Condoms™ Credits may only be redeemed toward the purchase of eligible products on the site. Redemption of E-Gift Cards and Hollywood Condoms™ Credits on the site is subject to change in Hollywood Condoms™' sole discretion. Purchases are deducted from the E-Gift Card balance. Any unused balance will be placed in the recipient's Hollywood Condoms™ account (“Hollywood Condoms™ Credits Balance Display”) when redeemed. If an order exceeds the amount of the E-Gift Card, the balance must be paid with a Payment Method or other payment method accepted by Hollywood Condoms™.
- You may be able to obtain your E-Gift Card balance by contacting our Hollywood Condoms™ Help Center at Love[at]HollywoodCondoms.com. The E-Gift Card balance relayed to you by a Hollywood Condoms™ Help Center Agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
- E-Gift Cards will expire after two years of non-activity. An extension of your E-Gift Card amount is available upon e-mail request maximum 30 days after the official two year or 24 month expiry date.
Use and Limitations
- E-Gift Cards may only be purchased and redeemed by persons residing in the 50 United States and Canada, and may only be used on the site (www.hollywoodcondoms.com).
- E-Gift Cards cannot be used to purchase other E-Gift Cards.
- To the fullest extent of the law, E-Gift Cards cannot be reloaded, resold, transferred for value, or applied to any other account. Unused E-Gift Card balances in a site account may not be transferred. Hollywood Condoms™ E-Gift Cards may not be resold by any unauthorized vendor under penalty of law; unlawful resale or attempted resale is grounds for cancellation without compensation. We will not honor E-Gift Cards purchased through an unauthorized vendor, including, without limitation, any Internet auction sites.
- E-Gift Cards are not returnable or refundable for cash, except in states where required by law. Notwithstanding the foregoing reason sentence, if a balance of less than $5 remains on a E-Gift Card owned by a New Jersey resident following redemption we will refund the balance in cash upon the owner's request to Love[at]HollywoodCondoms.com.
- E-Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Hollywood Condoms™ prior written approval.
- Use of Hollywood Condoms™ name, logo, trade dress (including any image/likeness of the E-Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Hollywood Condoms™ E-Gift Cards is strictly prohibited. Furthermore, the use of Hollywood Condoms™ E-Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Hollywood Condoms™ or any of its subsidiaries or affiliates is prohibited.
Risk of Loss
- If your E-Gift Card is lost or stolen, immediately contact our Help Center at Love[at]HollywoodCondoms.com. Your E-Gift Card will be cancelled and after an internal investigation, we will issue a new E-Gift Card with the remaining balance, if any. Lost or stolen E-Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Hollywood Condoms™. Hollywood Condoms™ and its affiliates shall have no liability to you for:
- for lost or stolen E-Gift Cards; or
- use of any E-Gift Cards by third parties through your site account. You are solely responsible for keeping the username and password for your site account safe and for any activity conducted under your account.
- Notwithstanding the above, the risk of loss and title for E-Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. We are not responsible if a E-Gift Card is lost, stolen, destroyed, or used without your permission.
Hollywood Condoms™ shall have the right to close member accounts or any related account(s) if Hollywood Condoms™ suspects a E-Gift Card is being used in a fraudulent manner to make purchases on the site. If a fraudulently obtained E-Gift Card is redeemed and/or used to make purchases on the site or any of its affiliated websites set forth above Hollywood Condoms™ shall immediately suspend the E-Gift Card and may recoup the amount of the E-Gift Card by charging the amount from the Credit or Debit Card supplied. Hollywood Condoms™ may also cancel or remove any and all Hollywood Condoms™ Credits on the member accounts and/or any related account(s). Hollywood Condoms™ has a zero-tolerance Fraud policy and it is the responsibility of the account holder to secure their account and E-Gift Card.
Liability Limitation & E-Gift Cards
Should an E-Gift Card code not function correctly, unless such non-functionality is due to the E-Gift Card being fully redeemed, our sole liability shall be part for the replacement of such E-Gift Card code.
E-Gift Cards are issued by Hollywood Condoms™, affiliate of NEXA GLOBAL GROUP CO. INC.
8. Hollywood Condoms™ Club Referral Program
The following are the Terms & Conditions are applicable to the Hollywood Condoms™ Club (“HCC”) Referral Program. The Hollywood Condoms™ Club offers its members the opportunity to refer HCC to friends, family or any other individuals (“Potential Members”). Hollywood Condoms™ will provide a unique ID Link (“Link”), with which a Potential Member can sign up to the Hollywood Condoms™ Club and become a member.
For each Qualified Referral (defined below) generated through the member’s Personal Link, the member may receive $5 worth of Hollywood Condoms™ Club Credits (“Credit”) as specified on the Company’s Referral Program page. We reserve the right to terminate this Program at any time for any reason and without any prior notice.
Members and Potential Members who wish to take part in the Program are bound by these Terms. If you do not agree to and abide by these Terms in their entirety you are not authorized to participate in the Program. Members and Potential Members may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and the methods through which any Credits may be earned. We reserve the right to disqualify any Member or Potential Member at any time from participation in the Program.
No part of the Program is directed to persons under the age of 18. If you are under the age of 18, please do not use or access the Hollywood Condoms™ Club Referral Program at any time or in any manner.
In addition, personal information provided by the Potential Member may be used by the Company or its service provider, on Company's behalf, to contact Members and/or Potential Members in regard to their participation in the Program and to receive e-mail communications from Hollywood Condoms™ about its Products and Services. Hollywood Condoms™ may send out additional follow-up communications to either the Member or Potential Member to encourage or remind them to refer more Potential Members or to complete the registration process. By participating in the Program, Members consent to receiving such communications by email.
How the Program Works
- Program Participation: To participate, a Member shall provide the Potential Member with the Member’s Personal Link. This unique link will be generated and provided by Hollywood Condoms™. The Potential Member must click on the Personal Link and complete the sign up in the same session. If the Potential Member does not complete the sign up in the same session, the Member will be not be credited for that referral and will not be eligible for the Credit, even if the Potential Member subsequently signs up for a Membership. For purposes of clarification, completion of sign-up in the same session means clicking the Personal Link provided by Member and completing the Hollywood Condoms™ Club service sign-up within a reasonable period of time and without the Potential Member closing their Internet browser or pressing the back button.
- Eligibility: To be eligible for the program and in order to receive the Credits, a Member must comply with the following:
- Be a legal resident of the United States or Canada.
- Be at least 18 years of age.
- Have an active Hollywood Condoms™ Club Membership in good standing.
- Provide the Potential Member with their correct personal and unique ID Link.
- Employees of Hollywood Condoms™ or NEXA GLOBAL GROUP CO. INC., its service providers or any of their subsidiaries, affiliates or promotional agencies, including direct family and household members are not eligible for this program.
- Making a Referral: Members who wish to make a Referral have to comply with the following terms and conditions:
- Members can refer Potential Members by giving their Personal Link to the Potential Member. Once a Potential Member uses a Member’s Personal Link and successfully completes the signup process for the Hollywood Condoms™ Club services, the Member may receive a communication from our Company confirming that the Potential Member has signed up. The confirmation communication to the Member shall include some of the Potential Member’s personal information provided to Company such as name and email address. A Member’s failure to receive such a confirmation communication means that the Potential Member failed to complete the signup process (during the same session, or at all) and no Credit will be awarded. The Member and/or the Potential Member may email Company any comments or questions in regard to a failed referral, but whether to award Member the Credit shall be at Hollywood Condoms™' sole discretion. Potential Members must satisfy the requirements of these Terms and Conditions and consent to receiving communications from Hollywood Condoms™. Members may not refer themselves.
- For purposes of emphasis and clarification, by using a Personal Link, a Potential Member acknowledges and affirms his/her understanding that some of his/her personal information, including but not limited to his/her name and email address, may be sent to the Member who provided the Personal Link as confirmation of the Potential Member’s successful referral and sign-up with the Hollywood Condoms™ Club. Accordingly, Hollywood Condoms™ strongly advises that Potential Members only use a Personal Link they receive from someone whom they personally know and trust. For their own security, Potential Members should not use a Personal Link if they receive it from an unknown, untrusted, or public source, such as an Internet forum.
- Qualified Referrals: A Qualified Referral means that all the following conditions are met:
- The Potential Member completed the registration process for a Membership using the Member’s Personal Link. If a Potential Member registers for a Membership using any other link or method, the registration will not count as a Qualified Referral and the Member will not be rewarded any credit.
- The Potential Member was not previously registered with the Service under any other email address or alias.
- The Potential Member is a) at least 18 years old; b) meets the eligibility requirements to become a Member of the Hollywood Condoms™Club's services; and c) has consented to receiving communications from Hollywood Condoms™.
- If the Potential Member upon sign up takes advantage of a Hollywood Condoms™ Club trial offer (see section 4 above), then the Potential Member must remain a Member beyond the first month of the trial offer and pay the standard, non-promotional subscription fee for at least one month.
- Earning Credits: Member shall receive five (5) Dollars worth of Credits for each verified Qualified Referral generated through the Member’s Personal Link. The actual Credit will be determined by Hollywood Condoms™ in its sole discretion. If the Credit consists of credit, such credit may only be applied in the amount specified by Hollywood Condoms™ towards the Member’s purchase of future services from Hollywood Condoms™. A Member may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by Hollywood Condoms™ and it is in the sole discretion of Hollywood Condoms™ as to the legitimacy and validity of such Qualified Referral.
- Verified and Qualified Referrals: All Credits are subject to verification. Hollywood Condoms™ may delay a Credit for the purposes of investigation. Hollywood Condoms™ may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or Hollywood Condoms™ believes will impose potential liability on Hollywood Condoms™ beyond what is reasonable for this Referral Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. Hollywood Condoms™ may cancel, amend or revoke the Credit at any time due to business considerations of circumstances beyond Hollywood Condoms™' control. Hollywood Condoms™ is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. All of Hollywood Condoms™' decisions are final and binding, including decisions as to whether a Qualified Referral or Credit is verified.
- Value of Credit: Credits have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to E-Gift Cards, certificates, or refunds. Hollywood Condoms™ may cancel, amend or revoke the Credit at any time for any reason.
- Transfer of Credits: Credits are personal to the Member and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Member’s account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by the Member are forfeited.
Additional Program Conditions
By participating in the Program, both Members and Potential Members agree:
- To receive communications: Hollywood Condoms™ my send you communications from time to time.
- That Hollywood Condoms™ shall not be liable for: late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission such as:
- Data corruption, theft, destruction, unauthorized access to or alteration of account information or other materials.
- Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to Hollywood Condoms™ at the relevant time.
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program.
- Claims and demands made, and damages sought in disputes between users of the Program.
Hollywood Condoms™ disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Hollywood Condoms™' control, corrupt the administration, security or proper play of the Program.
Hollywood Condoms™ shall not be liable to any Member for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.
Hollywood Condoms™ reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
By partaking in the Hollywood Condoms™ Club Referral Program, users/ parties agree to the following terms and conditions as listed below:
- Prohibited Conduct in General: Members agree not to use the Program to:
- Violate applicable law.
- Stalk, harass, or harm another individual.
- Collect or store personal data about other Members.
- Impersonate any person or otherwise misrepresent Member's identity
- Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks.
- Interfere with another Member's use of the Program.
- Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program.
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features.
- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others.
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
- Submit personal information relating to third parties to the Program without the consent of those third parties.
- Bulk Distribution (Spam): members/ parties agree:
- That if a Member provides a Personal Link to a Potential Member by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By using a Member’s Personal Link, the Potential Member represents that he/she has given consent to Hollywood Condoms™ to send Member his/her personal information such as full name and email address.
- Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Hollywood Condoms™' sole discretion is expressly prohibited and may be grounds for immediate termination of the Member’s account and deactivation of the Personal Link. We have a zero-tolerance spam policy.
- Hollywood Condoms™ has no obligation to monitor the content provided by Members; however, Hollywood Condoms™ may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
- Fraudulent and Suspicious Behaviour: members/ parties agree that:
- Hollywood Condoms™ may prohibit a Member from participating in the Program or receiving a Credit, in their sole discretion, if they determine such Member, either directly or indirectly is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices that would in any way annoy, abuse, threaten or harass any other users or representatives of Hollywood Condoms™.
- Use of any automated system, script, or macro to participate in the Program or generate Qualified Referrals is strictly prohibited and will result in the responsible Member’s disqualification from the Program.
- Members may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Credit.
- Hollywood Condoms™ reserves the right to disqualify any Member and/or cancel any Credit(s) if they determine a Member has tampered with the operation of the Program or violated these Terms and Conditions.
Hollywood Condoms™ reserves the right to suspend, disqualify or terminate any Member’s or Potential Member’s participation in the Program and forfeit any Credits or credits earned if the Member or Potential Member is found to have engaged in any prohibited conduct or otherwise violated the provisions of this Section. If Members have engaged in prohibited conduct, spam or fraudulent or suspicious behavior that undermines or affects the integrity or credibility of the Program, and Hollywood Condoms™ is unable to find a solution to restore the integrity and credibility of the Program, then Hollywood Condoms™ may in its sole discretion cancel, change or suspend the Program.
Caution: any deliberate attempt to damage or undermine the legitimate operation of the program may constitute a violation of criminal and civil laws and will result in disqualification from further participation in the program. Hollywood Condoms™ reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution, in the event of any such attempt.
9. Notice and Procedure for Claims of Copyright Information
If you believe that any Content, User Material, or other material contained on this site, including through a link, infringes your copyright, you should notify Hollywood Condoms™ of your infringement claim in accordance with the procedures below.
We will process each notice of alleged infringement that Hollywood Condoms™ receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our Hollywood Condoms™' Help Center Agent at Love[at]HollywoodCondoms.com. You may also contact us by mail at:
Nexa Global Group Inc.
#404 - 2190 Bellevue Ave,
West Vancouver, B.C.
To be effective, the notification must be in writing and contain the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located that is reasonably sufficient to enable Hollywood Condoms™ to identify and locate the material; (iv) how Hollywood Condoms™ can contact you, such as your address, telephone number, and email address; (v) 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; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to Love @ HollywoodCondoms. com for purposes other than communication about copyright infringement may not be answered. Hollywood Condoms™ has a policy of terminating repeat infringers in appropriate circumstances.
10. Dispute and Arbitration
Arbitration Agreement, Class Waiver, Waiver of Trial by Jury
Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Hollywood Condoms™ and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Informal Resolution. Most customer concerns can be resolved quickly by writing to our Help Center at Love@HollywoodCondoms.com or Hollywood Condoms™, Attn: Help Center, Nexa Global Group Inc., #404 - 2190 Bellevue Ave, West Vancouver, B.C., V7V-1C4, Canada. In the unlikely event that our Help Center is unable to resolve a complaint you may have to your satisfaction, the terms of Section 10 in this Agreement govern dispute resolution between us.
- Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by Hollywood Condoms™ that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Hollywood Condoms™, and to any of Hollywood Condoms™' licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
- Arbitration Rules. Arbitration shall be initiated through the ADR Institute of Canada (“ADRIC”), or an established alternative dispute resolution provider (“ADRIC Provider”) that offers arbitration as set forth in this section. If ADRIC is not available to arbitrate, the parties shall agree to select an alternative ADRIC Provider. The rules of the ADRIC Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The ADRIC Arbitration Rules governing the arbitration are available online at www.http://adric.ca/arbrules/ or by calling the ADRIC at 1-416-487-4733. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside Canada, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Hollywood Condoms™, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hollywood Condoms™.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Hollywood Condoms™ in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Hollywood Condoms™ WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Vancouver, Canada.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Hollywood Condoms™, Attn: Legal Department, #404 - 2190 Bellevue Ave, West Vancouver, B.C. V7V-1C4, Canada within 30 days of purchasing a Membership. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to subparagraph xii below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Hollywood Condoms™.
- Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Hollywood Condoms™ makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Hollywood Condoms™.
- Small Claims Court. Notwithstanding this section 10, either you or Hollywood Condoms™ may bring an individual action in small claims court.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (except for actions brought in small claims court), the parties hereby agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Provincial Court situated in West Vancouver, Canada, within one year after the cause of action has accrued and, unless such a filing is timely made, the cause shall be permanently barred. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
11. Electronic Communications, General Terms
Whenever you visit our site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our site or by such other means as we may determine from time-to-time. You agree that all Agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
Get in touch with us!
For any questions, feedback or just to share some love, please let us know at:
Nexa Global Group Co. Inc.
#404 - 2190 Bellevue Ave,
West Vancouver, B.C.
Phone: +1 855-500-0744
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