Terms of Service
Hollywood 3D Printing ("Hollywood 3D Printing") has established the following terms and conditions (the "Terms"), which apply when a customer of Hollywood 3D Printing ("Customer") orders end use or rapid prototype parts ("Parts") and/or related services (“Services”). If you are an individual ordering on behalf of an entity, you represent and warrant that you have the authority to enter into these Terms on behalf of such entity. All terms are subject to revision or replacement at any time. YOUR USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF USE.
Agreement to Terms of Use
These Terms and Conditions of Use (Terms of Use) apply to all Hollywood 3D Printing websites. This site is owned and operated by Hollywood 3D Printing. By using this site, you acknowledge that you have read and agree to all then-current Terms of Use. If you do not agree, do not use this site. We also reserve the right to terminate your access and use of the site for conduct that violates these Terms of Use, Hollywood 3D Printing’s other rights, or is otherwise illegal, harmful or inappropriate.


Copyrights and Trademarks
The material provided on this site belongs to Hollywood 3D Printing. Except as authorized below, none of this material may be reproduced, copied, distributed, republished, downloaded, displayed, posted or transmitted in any form without Hollywood 3D Printing's prior written consent.


Content
This site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms of Use, Hollywood 3D Printing grants you a non-exclusive, non-transferable, limited right to enter, display, and use this site. You agree not to alter, interrupt or attempt to alter or interrupt the operation of this site in any way.


Links to Other Sites
Links on this site to any third party web sites are provided solely as a convenience to you. If you use these links, you will leave this site. Hollywood 3D Printing has not reviewed these third-party sites and does not control and is not responsible for any linked sites or their content. Thus, Hollywood 3D Printing does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party web sites linked to this site, you do so entirely at your own risk.


Privacy Policy
Hollywood 3D Printing’s privacy policy applies to the use of this site, and its terms are made a part of these Terms of Use by this reference. Our privacy policy governs the use of personal information provided by you while using this site.


Quotes
All price quotes ("Quotes") are in U.S. dollars, are net of any Taxes and Shipping Costs (as such terms are defined below), are valid for 30 days from the time the Quote is issued by Hollywood 3D Printing (unless otherwise specified in writing), and are not severable – the terms of Quotes apply to the Quote in its entirety. Quotes are subject to review upon receipt of finalized Specs (defined below) or otherwise in the event of changes to quantity or materials. Customer may accept a Quote via submission of an online order. Each order shall be deemed to incorporate these Terms. No order shall add to, or be inconsistent with, these Terms, and such additions and inconsistencies shall not apply (unless specifically accepted by Hollywood 3D Printing in writing). All POs are subject to acceptance by Hollywood 3D Printing (in its sole discretion) and shall not bind Hollywood 3D Printing until it delivers its confirmation thereof to Customer ("Acceptance"). Quoted lead-times are not final until Acceptance, coupled with a written, confirmation such as a “Delivery Status/Update Notification”. Quotes are not final until Acceptance. Orders submitted by Customer are irrevocable.


Orders
The total fees in each order shall include the amounts stated in the Quote, plus all applicable taxes and similar governmental charges ("Taxes") and costs of handling, packaging, transportation, customs clearance and insurance (collectively, "Shipping Costs"). The Taxes and Shipping Costs set forth in the order shall be estimates only, and Customer agrees that it will be solely responsible for paying all Taxes and Shipping Costs that become due. To waive the collection of state sales and other such Taxes, Customer must provide all completed forms and/or certificates that Hollywood 3D Printing deems necessary.


Payments
All payment terms are as agreed in the order at the time of Acceptance. Hollywood 3D Printing reserves the right to deny credit for any reason and withhold shipment if payment terms are not honored. Hollywood 3D Printing reserves the right to: (a) cancel any Acceptance, as well as refuse, cancel or delay shipment to Customer, if Customer is delinquent in its payment obligations under these Terms; and/or (b) remove a order from Hollywood 3D Printing’s work schedule if Hollywood 3D Printing determines that Customer hold orders or delays are causing undue loss of work from other Hollywood 3D Printing customers, in which case Hollywood 3D Printing will reschedule deliveries based on its workload at such time. If Customer cancels any ordered Parts, it will pay Hollywood 3D Printing for all work completed and costs and expenses incurred by Hollywood 3D Printing prior to the date of Hollywood 3D Printing’s receipt of such cancellation notice in writing, not to exceed the total price under the order. In the event of a Customer-directed hold order or delay that exceeds 10 business days, Hollywood 3D Printing may invoice Customer for all work completed prior to the hold order or delay.


Acceptance
Unless otherwise specified in a order, Hollywood 3D Printing’s manufacturing services will commence on Acceptance. Customer acknowledges and agrees that any changes to the Specs (including but not limited to dimensions, tolerances, materials, coatings or markings) after Acceptance may result in additional charges payable by Customer and extended delivery times.


Intellectual Property Rights
Customer shall retain all of its Intellectual Property Rights in and to the Specs and the Parts for which Customer has paid. Notwithstanding the foregoing, Hollywood 3D Printing and/or its Licensors shall own all Intellectual Property Rights in and to the techniques, knowhow, technology, and methodologies used by Hollywood 3D Printing in manufacturing the Parts and providing services hereunder, or that otherwise relate to tooling, fixtures, molds, patterns and other materials. "Intellectual Property Rights" means all right, title and interest in and to trade secrets, patents, copyrights, designs, know-how, utility models, databases, mask works, software, and other intellectual property, worldwide, and whether or not registered.

Customer alone is responsible and liable for (a) objects submitted for 3D scanning services, including those associated with third party Intellectual Property Rights, and Hollywood 3D Printing reserves the right, in its sole discretion, to refuse scanning services; and (b) providing all design and engineering specifications and requirements relating to the Parts (such specifications and requirements, collectively, "Specs"). Notwithstanding any advice, feedback, design participation, technical information or other assistance that Hollywood 3D Printing may provide to Customer in connection with the Specs (collectively, "Assistance"), Customer shall be solely responsible and liable for all aspects of the design of the ordered Parts, and Customer shall not rely upon any such Assistance whatsoever. Customer acknowledges and agrees that its (i) design responsibility includes, but is not limited to, CAD conversions from 2D or 3D wireframe to solids/surfaces, selecting or adding draft to CAD data, material selections, and design changes intended to improve product manufacturability or performance; and (ii) informing Hollywood 3D Printing of a product’s final use does not constitute an agreement that Parts will be fit for such use or transfer any design responsibility from Customer to Hollywood 3D Printing. Specs can consist of one or more of the following materials: engineering drawings; CAD files; and written instructions. If multiple formats are provided to define Specs, Hollywood 3D Printing may use any of the provided formats for tooling and/or manufacturing, and is not responsible for identifying discrepancies between such formats.


Third Party Vendors
Customer agrees that Hollywood 3D Printing may engage Third Party Vendors from time to time without prior notice to the Customer. The term "Third Party Vendor" shall mean a supplier of goods and/or services which are ancillary to or supplement the Services to be performed by Hollywood 3D Printing hereunder and which Hollywood 3D Printing engages on Customer's behalf but does not otherwise exercise any direct authority or control. Hollywood 3D Printing shall use reasonable efforts to ensure Third Party Vendors comply with these terms and conditions in all material respects, provided, however, Hollywood 3D Printing makes no representations or warranties with respect to such Third Party Vendors. Hollywood 3D Printing reserves the right not to disclose Third Party Vendors name or contact information to the Customer under any circumstances.


Customer Obligations
Professional and/or consulting services provided hereunder, including but not limited to design work, consulting or otherwise may be subject to additional terms and conditions. Customer is responsible for confirming the design, engineering, and data – including fit, form, function, accuracy and text – in final documentation (the “Designs”). Documentation or artwork released for parts fabrication, tooling production, or printing at the Customer’s verbal or written request with or without a signature will be the sole responsibility of the Customer. Hollywood 3D Printing cannot guarantee that a solution, Designs, or other work will fully satisfy the objectives of the project. In any case, the Customer agrees to indemnify and hold harmless Hollywood 3D Printing for any and all losses, damages or claims resulting from errors, omissions or flaws in Designs, solution or documentation.

Customer hereby represents and warrants: (a) it has, and will have, the right to disclose the Specs (in whole and in part) and all other information and materials, to Hollywood 3D Printing; (b) Hollywood 3D Printing's use of such Specs and other information and materials, when used to perform Hollywood 3D Printing's obligations under these Terms, will not infringe or misappropriate any third party proprietary rights (including, without limitation, Intellectual Property Rights); (c) Parts manufactured from Customer's Specs will not be unlawful, contain unlawful content, or be used by Customer in an unlawful manner; and (d) any software or files delivered to Hollywood 3D Printing will be free from any viruses, time bombs, and other harmful programming routines.

Customer shall comply with all applicable laws, regulations, rules and orders, including without limitation those pertaining to U.S. export controls set forth in the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 774 (as may be revised from time to time), and, without limiting the generality of the foregoing, Customer shall not transfer, export or re-export any Part, a component thereof, or any related technology to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Denied Persons List or Entity List, or any lists maintained by the U.S. Office of Foreign Assets Control and the U.S. Department of Homeland Security, or to any individual or entity in Cuba, Iran, Iraq, Lebanon, North Korea, Sudan or Syria (as may be revised from time to time), or for use in chemical or biological weapons, sensitive nuclear end uses, or missiles. Customer represents it is not located in, under control of, or a national or resident of any such country or on any such list. Customer is solely responsible for determining compliance and obtaining all required licenses to facilitate the transfer, export and re-export of any products, data or technologies, including outside of the U.S. In the absence of available license exemptions or exceptions, Customer must obtain the appropriate licenses or other approvals, if required, for the transfer, export or re-export of such items, or for the provision of technical assistance. Customer must obtain export licenses, if required, before using a foreign person hereunder, where the foreign person will have access to export-controlled items. Customer is solely responsible for all regulatory recordkeeping requirements associated with the use of licenses and license exemptions and exceptions.


Warranty
Parts manufactured by Hollywood 3D Printing are warranted, for a period of seven (7) business days after delivery (the "Warranty Period"), to materially conform to the applicable Specs and to be free from material defects in materials and workmanship (collectively, the "Warranty"). In the event of a breach of the Warranty, Customer must notify Hollywood 3D Printing of the breach in writing, within the Warranty Period. Hollywood 3D Printing, at its sole discretion and expense, shall repair or replace the defective component(s) of the Part in question. All Warranty replacements or repairs (i) will be limited to nonconformities or defects (as the case may be) that, in the reasonable opinion of Hollywood 3D Printing, are due and traceable to nonconformities or defects in original materials and workmanship; (ii) shall constitute Hollywood 3D Printing's sole obligation and liability, and Customer's sole and exclusive remedy, for a breach of Warranty. For repaired or replacement Parts (or components thereof) the Warranty Period will be the remainder (if any) of the initial Warranty Period. In the event of a replacement, replaced Parts (or components thereof) will be owned by Hollywood 3D Printing. All returns of Parts (or components thereof) by Customer for a breach of the Warranty, must be in accordance with Hollywood 3D Printing's written instructions (which may include an NCR/RMA number), and Customer shall be responsible and pay for all costs and expenses (such as Taxes and Shipping Costs) associated with such return.


Limitations of Liability
Except for the Warranty: (a) Hollywood 3D Printing makes no representations, warranties, guarantees or conditions as to materials, strength, tolerances, or other Part characteristics; and (b) all Parts, all content and use of this site are delivered and accepted in "AS IS" condition. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Hollywood 3D Printing HEREBY DISCLAIMS ALL STATUTORY, EXPRESS, AND IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND, WITH RESPECT TO THE PARTS OR THE SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY OF SERVICE, OR OTHERWISE ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. Without limiting any of the foregoing exclusions, Customer further acknowledges and agrees that Parts are not intended for use in, and the foregoing warranty does not apply to and shall be void if any Part fails, malfunctions or is damaged as a result of use in the operation of nuclear facilities, aircraft navigation or air traffic control systems, communication systems in which a failure thereof could cause death or serious injury or tangible property damage (e.g., emergency or 911 communication systems), medical systems, life support systems, or potentially life critical uses.

IN NO EVENT WILL Hollywood 3D Printing, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Hollywood 3D Printing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Hollywood 3D Printing OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS, UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR STRICT LIABILITY) FOR ANY (A) CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, BUSINESS, OR SAVINGS; (C) LOSS OF, OR DAMAGE TO, DATA, REPUTATION OR GOODWILL; AND/OR (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES. THE AGGREGATE LIABILITY OF Hollywood 3D Printing AND ITS AFFILIATES ARISING UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CUSTOMER FOR THE APPLICABLE PART OR SERVICE ALLEGED TO HAVE CAUSED SUCH DAMAGE. THE FOREGOING LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF THE REMEDIES PROVIDED FOR IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE, AND EVEN IF Hollywood 3D Printing OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR LOSSES. Customer agrees that the disclaimers, exclusions, and limitations of liability set forth herein are material conditions of these Terms and that the Services and the Parts would not be made available, or would be made available on materially different terms, in the absence of these conditions.

Customer, at its own expense, shall defend Hollywood 3D Printing, its affiliates and their respective directors, officers, employees and agents (each, an "Indemnitee") against any claim, suit, action or demand, by any third party, arising out of or related to (a) any claim that any Specs, Parts, Designs or other materials provided to Hollywood 3D Printing in connection with a PO, infringe or misappropriate the rights (including, without limitation, Intellectual Property Rights) of any third party or are otherwise unlawful; and/or (b) any use or sale of a Part by Customer, its employees, agents, resellers, or customers (each of (a) and (b), a "Claim"). Customer agrees (i) not to settle any Claim without the prior express written consent of Hollywood 3D Printing; and (ii) to pay any amounts awarded under a Claim, as well as indemnify and hold harmless the Indemnitee for any other liabilities, losses, costs, and expenses (including, but not limited to, reasonable attorneys' fees) incurred as a result of the Claim.


Termination
Either party may terminate these Terms at any time upon written notice to the other party, but all orders previously Accepted will remain binding upon the parties. Any provision that by its nature ought to survive termination, shall so survive. Upon the effective date of termination, Customer shall immediately pay Hollywood 3D Printing any and all payment obligations outstanding as of such date.


Modifications
These Terms constitute the entire agreement of the parties regarding the subject matter hereof and supersede all prior and contemporaneous statements (written or oral) regarding such subject matter; however, Hollywood 3D Printing reserves the right to modify these Terms, product or service updates, pricing, availability and any other information or feature, at any time by posting the modified terms online without notice, which shall be effective as to any order submitted thereafter. Hollywood 3D Printing also reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, or to change the Terms of Use at any time.

In addition, in connection with the Parts delivered hereunder, Customer may be required to agree to additional terms and conditions related to specific software, (“End User License Agreement”) used in connection with work performed hereunder. If applicable, Customer will be required to agree to such End User License Agreement prior to using the applicable software and Customer agrees to comply with all terms and conditions contained in each applicable End User License Agreement. Except for payment obligations, neither party shall be liable for a breach of its obligations hereunder to the extent that such breach is caused by factors outside its reasonable ability to foresee and avoid (provided that such party makes diligent good faith efforts to remedy the breach as soon as possible), including, without limitation, war, acts of God, terrorism, natural disaster, third party communications or encryption failure, and delays by third party suppliers of materials. If any provision in these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible, and the remaining provisions of these Terms shall continue in full force and effect. The waiver by either party of any breach of these Terms will not constitute a waiver of any other or subsequent breach. Any waiver granted hereunder must be in writing and signed by the party waiving the breach. No failure by a party in exercising any right, power or remedy hereunder shall operate as a waiver thereof. The relationship of the parties hereunder is solely that of independent contractors. Nothing contained in these Terms shall create any agency, employment, partnership, fiduciary or joint venture relationship between the parties, and neither party has any authority of any kind to bind the other in any respect. Neither party may assign these Terms (in whole or in part) to any third party (whether directly, by operation of law, or otherwise), without the express prior written consent of the other party, except that Hollywood 3D Printing may assign these Terms (in whole or in part) to an affiliate. Any unauthorized assignment shall be null and void. Subject to the foregoing, these Terms bind and benefit each party and its permitted successors and assigns.


Questions
Please direct any questions regarding these Terms of Use to:

Hollywood 3D Printing
6711 Melrose Ave
Los Angeles, CA 90038


Governing Law
These Terms of Use and your relationship with Hollywood 3D Printing shall be governed by U.S. federal law as well as the internal laws of the State of California, without regard to applicable conflicts of law principles. Any failure by Hollywood 3D Printing to exercise any of its rights hereunder will not constitute a waiver of such right. This site indicates your agreement to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of California for any disputes or claims regarding these Terms of Use, transactions conducted on these Sites, or any other use of the Sites.

The Parties agree that any claim or dispute under or in connection with these Terms shall be resolved finally and exclusively by, binding, individual arbitration in Los Angeles County, California, pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration proceeding shall be conducted in the English language before a single arbitrator appointed by the parties (or by the AAA if the arbitrator is not appointed by the parties within 30 days of notice to arbitrate), and subject to these Terms. CUSTOMER HEREBY WAIVES ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASSWIDE ARBITRATION, COLLECTIVE ACTION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHERWISE IN ANY CLAIM BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. CUSTOMER AGREES THAT ANY CLAIM OR DISPUTE WITH RESPECT TO A PART DELIVERED HEREUNDER, MUST BE BROUGHT BY CUSTOMER WITHIN TWELVE (12) MONTHS OF THE DATE SUCH PART WAS FIRST DELIVERED BY Hollywood 3D Printing TO CUSTOMER. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.