Terms & Conditions
At Hermoza, we stand behind the quality of our products and want you to be happy with your purchase. If you are dissatisfied with a purchase from www.thehermoza.com, you may return or exchange it within 14 days of receipt of purchase. All returns must be unused, unwashed, in the original packaging, from a smoke-free environment, and have all applicable tags still attached. Contact firstname.lastname@example.org for details. Please have your Order ID# ready.
If you purchased your Hermoza product from a different website, or third party, please contact the company you purchased from directly to process a return or exchange.
Also, if one of our products has been personalized, monogrammed, or altered in any way, we cannot accept it for refund or exchange.
Please note, if your purchase was made with a credit or debit card, including a gift purchase, any refund will be credited back to that account.
If you have any questions regarding our return policy, or whether your purchase may be returned, please call us at 760-814-2039 during our regular business hours: Monday through Friday, 8:30 a.m. to 4:30 p.m. PST. You may also contact us through email at email@example.com. Please allow 48 hours for a response.
Hermoza "Submit a Photo" Terms & Conditions
IMPORTANT LEGAL NOTICE: Agreement for submitting content to Thehermoza.com
ATTENTION: These terms and conditions ("the Terms and Conditions") apply to Hermoza’s website under any domain name or related social media site (collectively the "Website") and to any electronic correspondence between you and Hermoza concerning submitting photographs, images or other works (hereinafter "Works") to this Website. Please read the Terms and Conditions carefully before submitting Works to this Website. Submitting Works to this Website indicates that you accept these terms.
If you do not accept these Terms and Conditions, do not submit Works to this Website and navigate away from the Website. This notice is issued by, Hermoza ("the Company").
- 1.1 You may only submit Works to this Website by expressly acknowledging acceptance of these Terms and Conditions and providing a valid email address.
- 1.2 The Company may revise these Terms and Conditions at any time by updating this posting. You should check this Website from time to time to review the current Terms and Conditions, because it is binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated Terms and Conditions or terms located on particular pages at this Website.
- INTELLECTUAL PROPERTY RIGHTS
- 2.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its affiliates or licensors.
- 2.2 Any rights not expressly granted in these terms are reserved to the Company.
- 2.3 You represent and warrant that you are the owner of all right title and interest in the Works or that you have the right to grant the license set forth below in paragraph 3.1.
- VISITOR SUBMISSION OF WORKS
- 3.1 In consideration for your Works appearing on the Website or other uses by the Company, you grant the Company a non-conditional perpetual royalty free non-exclusive license to use, reproduce, modify, translate, transmit, distribute and sub-license any Works you supply or communicate to the Website in any medium, now in existence or hereafter developed, for any purposes, including additional social media sites and commercial use.
- 3.3 You are prohibited from posting or transmitting to or from this Website any Works for which you have not obtained all necessary rights, licenses and/or approvals.
- 3.4 The Company respects the intellectual property rights of others, and we ask our users do the same.
- 3.5 If you believe your work has been copied and is accessible on the Website, or that it contains links or references to another online location that contains Works that infringes your copyright, please contact the Company.
- 4.1 You agree to indemnify the Company and its affiliates, employees, agents, its designees and licensees and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your submissions of Works to the Website, from your breach of these Terms and Conditions, or from any such acts arising from your use of the Website.
- 4.2 You agree to indemnify the Company, and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company‚ group companies and the officers, directors, employees, shareholders, agents or any of them, from all liability and responsibility for any amount or kind of loss or damage that may result to you or to a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with submitting Works to this Website or by the Company reproducing the Works in any form.
- GOVERNING LAW AND JURISDICTION
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States, where the issue is a federal question and the laws of the State of California where the issue is a state question. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction and venue of a court in the State of California and disputes arising in connection with the copyright laws shall be subject to the exclusive jurisdiction of the United States Courts in the Southern District of California.
- EFFECTIVE DATE
- This Agreement is effective on the date you agree to these terms and conditions and submit the Works.
Security – Safeguarding of Information.
We endeavor to protect against unauthorized disclosures by trying to limit access to Information to the people who need that Information to do their jobs. We also inform and remind Hermoza employees about their responsibility to adhere to our business ethical standards and confidentiality policies. To prevent unauthorized access, maintain data accuracy and ensure the correct use of Information, we have put into place physical, electronic, and managerial procedures to safeguard and secure the confidentiality and integrity of the Information we collect. These safeguards are designed to protect against, but are not in any way a guarantee against, loss, misuse, unauthorized access, disclosure, alteration, and destruction of Information.
We use technology designed to transfer Information securely from your web browser to our web servers, meaning that all of the Information is encrypted, an effort to avoid the decoding of that Information by anyone other than us.
Types of Information We Collect and How We Collect It.
Personal information is data that can be used to uniquely identify or contact a single person, and that includes but is not limited to an email address or an IP address, name, gender, date of birth, etc.
Non-personal information is data in a form that does not permit direct association with any specific individual, and that includes but is not limited to zip codes, area codes, time zones, browser types, or internet service providers.
As is true of most websites, we gather some Information automatically and store it in log files. This Information may include the Internet Protocol (IP) address, browser type, language, internet service provider (ISP), referring and exit page, operating system, date/time stamp, and Hermoza-stream data. We use this Information to understand and analyze trends, to administer the site, to lean about user behavior on the Site, and to gather demographic information about our user base as a whole. Hermoza may use this Information in our marketing and advertising services. Whenever you browse our site, we automatically receive and record information, such as your IP address, browser type, domain name and specific web pages through which you Hermoza. We may collect, use, transfer, and disclose non-personal information for any purpose.
We may use various kinds of software devices to collect information about Internet use. Small files called "cookies" may be attached to your Web browser. These files identify your browser and save information such as passwords so that Web sites can recognize you. You can set your browser to disable cookies, but some portions of this site (and possibly other sites) may not work properly if you do this. We may also use web beacons to review how visitors navigate the Site. If you would like more information about this practice, and your choices and how they relate to this practice, please contact us.
We do not, however, intentionally collect personally identifiable information, other than an Internet Protocol (IP) address, unless you choose to provide it to us. If you voluntarily register on our Site, for example, we may collect your email address as well as any other data that you voluntarily admit. You may also be asked to provide your personal information anytime you are in contact with Hermoza or a Hermoza-affiliated company.
We may combine personal information with non-personal information. If we do, the combined information will be treated as personal information for as long as it remains combined.
Hermoza uses data from Google's Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics.
How We Use Your Information.
When you browse our Site, the Information recorded and collected automatically, such as your IP address, browser type, domain name, and specific web pages through which you Hermoza, are used in aggregate to help us look for trends so that we can improve our Site and your browsing experience. These statistics may also be used in various forms of communications, such as our annual report, but we do not identify individuals in these communications.
Our main servers are in California, USA, and it is likely that your data will be held on servers there. When you provide us with your personal data, you acknowledge that this information may be stored and processed on servers located outside the European Economic Area (‘EEA’). If you are in the EEA, you consent to your personal data being exported outside the EEA and being stored and processed at our discretion on any of our servers wherever they may be located.
Our Disclosure of Your Information.
We may use third-party companies to assist in the collection and analysis of data collected through the use of web beacons. We may share your personal information with affiliated companies that are subject to privacy policies consistent with this policy. We may also share your personal information with outside companies that perform specific services for Hermoza. We may employ independent contractors, vendors, and suppliers to provide specific services and products. In those situations, the outside company is performing work for us, and we take appropriate steps designed to ensure that your personal information is used only as necessary to provide the services requested by us. We may also disclose personal information to third-parties to whom you explicitly ask us to send your information.
We comply with the U.S. Department of Commerce’s Safe Harbor framework to cover the transfer of data to the U.S. from the European Union and Switzerland. Hermoza has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. You can learn more about this framework here:
How We Protect Kids' Privacy Online.
Our Site is a general audience website and it is our intention that our Site should be used by persons over age 13.
We do not knowingly collect or solicit personal information from children under 13 years of age. We are concerned about the safety of children when they use the Internet and will never knowingly request personal information from anyone under the age of 13. If the parent or guardian of a child under 13 believes that the child has provided us with any personal data, the parent or guardian of that child should contact us and ask to have this personal information deleted from our files. If we otherwise obtain knowledge that we have personal information about a child under 13 in our files, we will delete that personal information from our existing files so that it is not in retrievable form.
Links to Other Websites.
Our Site may contain links to other websites. You should review the policies of those websites before providing any personal information, as we may or may not control the privacy policies or practices of those other websites. Our Sites provide links solely for the convenience and information of our customers.
How You Can Review and Change Your Information.
You can contact us to have your Information corrected, amended, or deleted, where it is inaccurate or inappropriate for the specified purposes of processing. To protect your privacy and security, we may ask you to verify your identity and/or provide other details to help us respond to your request before granting access or making corrections. Please note that any requests to update your personal information may take up to ten (10) days.
Send us an e-mail: Customerservice@thehermoza.com
Call us: 1-760-814-2039 9:00 AM - 4:30 PM PST Monday – Friday
Write to us:
Hermoza 6005 Paseo Hermosa, Carlsbad, CA 92009
In the unlikely event that you still have an unresolved issue after we have looked into any concern, if your data was transferred to the US from the European Union or Switzerland under the Safe Harbor framework as mentioned above, you may also contact our dispute resolution service, operated by NIPC, an independent arbitration service based in Europe. We can give you the details of this service on request.
Notice to California Residents - Your California Privacy Rights.
The information contained in this website is subject to change without notice.
Hermoza is in process of being a registered trademark of and is registered in the United States of America and other countries, all rights reserved
Hermoza 6005 Paseo Hermosa Carlsbad, CA 92009
By using this Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Contents of This Site and Your Use of the Content.
You are strictly prohibited from misusing any of the Material on this Site. Modifying or using the Material in any way is a violation of the copyrights and other intellectual property rights of the owner of the Materials.
This site includes Materials (as defined herein) in many formats, including images, illustrations, audio clips, video clips and text. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, copyrights, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such (collectively, the “Material”), contained on the Site is owned, controlled, or licensed by or to Hermoza or its affiliates, and is protected by trade dress, copyright, patent, and trademark laws, and perhaps various other intellectual property rights and unfair competition laws.
You will soon see various symbols (e.g. ®, ™, ©) next to Material on this Site. These marks show that the Material is either a registered or unregistered mark of either Hermoza or an affiliate of Hermoza, or another entity or person. Nothing in this Site grants you any license or right to use any marks displayed on this Site without the written permission of the owner of the mark.
Use of the Site.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any content, documents, or information through any means not purposely made available through the Site. Hermoza specifically reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the services offered on or through the Site, by hacking, password, “mining” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of Hermoza, or exploit the Site or any service or information made available or offered by or through the Site, in any way, where the purpose is to reveal any information, including but not limited to personal identification, or information other than your own information, as provided for by the Site.
You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Hermoza in providing the Site or Service. You warrant to us that: (i) you own or have the requisite authority over any content or information provided by you; (ii) any content or information provided by you will be accurate and complete; (iii) any content or information provided by you and any of your activities on the Site or through the Services: (a) do not infringe in any manner on any third party rights, (b) do not violate any applicable laws or regulations, (c) are not defamatory, libelous, slanderous or threatening, (d) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, (e) have not resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity, (f) are not false, deceptive or misleading, and (g) will be free of any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Hermoza on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Your Account If you use this site, you are entirely responsible for maintaining the confidentiality of your account, including, but not limited to, your loging/user ID and password and for restricting access to your computer. You agree to accept all responsibility for all activities that occur under your account or password, whether or not they are actually or expressly authorized by you. You agree to immediately notify Hermoza on any unauthorized use of your account, username, or password, either with or without your knowledge. You may be liable for any losses incurred by Hermoza, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password. Hermoza does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Hermoza only with involvement of a parent or guardian. Hermoza reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Control and Operation.
This Site is controlled and operated by Hermoza, from its offices located at 6005 Paseo Hermosa, Carlsbad, CA 92009. The phone number to contact Customer Service is 1-760-814-2039 available Monday – Friday, 9:00AM – 4:30PM, Pacific Standard Time. Hermoza makes no representation that the information in this Site is appropriate or available for use in locations other than the United States. If you choose to access this Site from a location outside the United States, then you must do so on your own initiative and you are responsible for complying with any applicable local laws.
Information That You Submit to Hermoza.
We welcome your comments regarding our services and about our Site. Any notes, messages, ideas, suggestions, pictures, text, illustrations or other Materials or other information that you send to us (the “Unsolicited Information”) will become the property of Hermoza. We may use this Unsolicited Information in any way we choose for as long as we choose, and without any restrictions. By sending us the Unsolicited Information, you agree that we have the right to publish the Unsolicited Information for any type of use including, but not limited to promotional, advertising and social media purposes and that we do not owe you any compensation for using the Unsolicited Information. Because we have an unlimited right to use whatever you send us without paying you any compensation, please do not send us any original creative Unsolicited Information such as artwork, stories, photographs, slogans or product designs. When you visit Hermoza or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
Links to Other Sites.
As a convenience to our customers, we have or may include links from our Site to other websites. When you access one of these websites through a link on the Site, you do so at your own risk. When you Hermoza on the link for any one of these other websites, you will actually leave the Site.
THIS SITE AND THE CONTENT OF THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HERMOZA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF A PARTICULAR PURPOSE. HERMOZA DOES NOT WARRANT THAT THE CONTENT OF THIS SITE WILL BE ACCURATE, RELIABLE OR ERROR-FREE, UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HERMOZA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OF THIS SITE OR IN LINKED WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT HERMOZA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. HERMOZA reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason, (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms, (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitations on the Liability of Hermoza.
Except where prohibited by law, in no event will HERMOZA be liable to you for any actual, indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if HERMOZA has been advised of the possibility of such damages.
You agree to indemnify and hold HERMOZA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless form any demands, loss, liability, claims, or expenses (including attorney’s fees), made against HERMOZA by any third parties due to or arising out of or in connection, with your use of the Site.
HERMOZA may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) HERMOZA’s rights or property, or the rights or property of visitors to, or users of the Site, including HERMOZA’s customers. HERMOZA reserves the right at all times to disclose any information that HERMOZA deems necessary to comply with any applicable law, regulation, legal process, or governmental request. HERMOZA also may disclose your information when HERMOZA determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organization for fraud protection purposes.
You agree that HERMOZA may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Termination of Agreement.
Void Where Prohibited.
HERMOZA administers and operates the www.thehermoza.com website from its location in Carlsbad, California, USA. Although this Site is accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. HERMOZA reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so of your own initiative and you are solely responsible for complying with applicable local laws.
Not all provisions of the terms and conditions may be applicable to each consumer dependent upon your state of residence. In such a case, any provision(s) that do not comply with the laws of your state of residence or state form which the products are ordered will be amended to conform with the applicable state law or if such provision(s) is/are unable to be amended to conform to your state of residence or state of order laws, shall be deleted from the terms and conditions.
Important notice for residents of the European economic area (eea) : eea residents may be entitled to object to certain types of processing activities involving your personal information described in this privacy statement, including where we are relying on a legitimate interest to process your personal information or where we are processing your personal information for direct marketing. In some cases, we may demonstrate that we have compelling legitimate grounds to continue to process your personal information in which case we are not obliged to comply with your request.
Users Located in the European Economic Area (EEA)
Where required, we have put in place appropriate safeguards with our group companies, service providers, contractors, distributors and other business partners and agents to ensure that transfers of personal information outside the EEA are adequately protected. These safeguards typically comprise the EU Standard Contractual Clauses in accordance with Article 46(2) of the EU General Data Protection Regulation. For more information on the appropriate safeguards in place to protect your personal information, please contact us using the details at the end of this Privacy Statement.
The information contained in this website is subject to change without notice.
Updated by the HERMOZA Legal Team on February 26th, 2019.