Terms and Conditions

Please read the policies and terms of use carefully before using the services offered by Hermosa Journal. The following agreement contains the terms and conditions (the “Terms of Service”) under which http://hermosajournal.com (“Hermosa Journal”, “HJ”, “we”, “our” or “us”) offers you (the “user” or “you”), access to its website http://hermosajournal.com (the “Site” or “website”) and Hermosa Journal’s Services (“Services) as defined below. The following Terms of Service are effective 1/1/17.

Among other things, the Terms of Service describe user responsibilities and limits Hermosa Journal’s liability. Before using any of the Services, please read the Terms of Service carefully. By using this website, you agree to the Terms of Service in its entirety. HJ reserves the right, in its sole discretion, to change, modify, add or remove portions of Terms of Service at any time. All changes will take effect immediately upon their posting to the Site. Please check this page periodically for any changes. Your continued use of the Site and/or failure to opt-out of emails sent to you following the posting of changes constitutes your acceptance of any and all changes. In the event of any conflict between the Terms of Service and any other provisions set forth in the Site, the Terms of Service will control.

Terms of Service

1. USER ACCEPTANCE

By using the Services and/or visiting the Site, you state your agreement to be legally bound and to abide by the following terms and conditions. If you do not agree to these terms and conditions, you must not use the Site or the Services. These terms and conditions include the Hermosa Journal’s privacy policy (the “Privacy Policy”) which is posted separately on this Site.

2. CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to amend these Terms of Service at any time upon posting the amended terms on the site, or upon providing notice thereof by mail (electronic or conventional) or any other reasonable means. The amended terms shall automatically be effective. You should visit this page periodically to review the current terms because they are binding to you. The user’s continued use of the Site following a posting changing the Terms of Service will constitute the user’s acceptance of any changes.

3. HERMOSA JOURNAL’S SERVICES

Hermosa Journal’s services, which are available on the Site, help you find, browse, enjoy, shop and submit information/content related to art, culture, fashion and lifestyle (the “Services”). Your access to or use of these Services constitutes your acceptance of all the provisions of the Terms of Service.

These Terms of Service apply to any user of the Site and Services, regardless of whether you submit content for public display to the Site. The Site may also contain links to third party websites that are not owned or controlled by Hermosa Journal. HJ has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. By using the Site, you expressly relieve HJ from any and all liability arising from your use of any third party website.

4. ELIGIBILITY

Users must be 18 years or older, or the legal age to form a binding contract in your jurisdiction, to register as a Hermosa Journal member, or to use the Site and Services. If you are under the applicable age, use of the Site must be supervised by a parent or guardian who has agreed to the Terms of Service. Please note, you must be at least 13 years to use this Site and Services and be in compliance with the Children’s Online Privacy Protection Act (COPPA). If you do not qualify, please wait to use this site until you qualify.

The Site and Services are administered in the United States and are intended for United States users, governed by United States laws. Users outside of the United States use the Site and Services at their own risk and are agree to be subjected to United States laws should any dispute arise.

5. USER INFORMATION

User may need to provide us with user information (primarily email) to use certain parts of the Site, such as submitting questions or registering for the newsletter, etc. If you provide us with such information, you are required to provide accurate and up to date information. You may not use a false name with the intent of impersonating another person. You may receive confirmation and other emails associated with your membership. HJ reserves the right to cancel your membership at our discretion.

6. RIGHTS TO USE

Hermosa Journal grants you permission to use the Site and Services, subject to the Restrictions on the Right to Use in these Terms of Service, provided that you: a) use the Site as permitted and solely for personal, non-commercial use, b) you will not copy or distribute any part of the Site without Hermosa Journal’s written permission, c) you will not alter or modify any part of the Site, and d) you will comply with the Terms of Service and Privacy Policy.

7. RESTRICTIONS ON RIGHTS TO USE

You may use the Site and Services solely for your own use, and you agree not to act on behalf of a third party or to allow a third party to have access to your password in order to use the Site and Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, user shall NOT:

a. modify, translate or reverse engineer any portion of the Site or Services;

b. launch any automated system that accesses the Site. Notwithstanding the foregoing, we grant operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publically available searchable indices of the materials. We reserve the right to revoke these exceptions;

c. collect any personal identifiable information from the Site, nor use any communication system provided by the Site for any commercial solicitation;

d. solicit, for any commercial reason or purpose, any Site users in regard to their User Submissions (defined below);

e. remove any copyright, trademark or other proprietary rights or notices contained in or on Site;

f. under false pretenses, create user accounts through automated means;

g. create unwanted communications that would interfere with the Site or user’s or member’s enjoyment of Site and Services;

h. transmit any viruses or other items of destructive nature to the Site and Services;

i. manipulate the Site and Services to violate the security of any computer network, or violate the law in any way;

j. copy, transfer or store Site and Services for use other than personal; 

k. engage the use of any electronic means that interferes with the proper working of the Site and Services.

8. USER SUBMISSIONS

Any content submitted to Hermosa Journal is considered a “User Submission.” HJ does not guarantee any confidentiality with respect to User Submissions, regardless of whether the submission is published.

You are solely responsible for your User Submission and any consequences that may arise from the posting or publishing of the submission. By providing a User Submission you affirm, represent and/or warrant that: a) you have the necessary legal permissions or authorities to use the content and you authorize Hermosa Journal to use all proprietary rights related to the User Submission to allow the User Submission to be used in by the Site and Services; AND b) you have the written consent of each identifiable individual in the User Submission to use their name, likeness in the Site and Services. 

Hermosa Journal does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with User Submissions. Further, we reserve the right to remove User Submissions without notice and for any reason. We reserve the right to decide whether User Submissions are appropriate and comply with the Terms of Service. HJ may remove User Submissions and/or terminate a User’s access for uploading material that violates the Terms of Service at any time, without prior notice and at our sole discretion. 

A User understands that using the Site will lead to exposure to User Submissions from various sources, and Hermosa Journal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Submissions. You further understand and acknowledge you may be exposed to User Submissions that are inaccurate, or that you find to be offensive, indecent, or objectionable. Moreover, you hereby waive and release, any legal or equitable rights or remedies you have or may have against Hermosa Journal, and agree to indemnify and hold Hermosa Journal, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all maters related to your use of the Site or your User Submission.

As part of providing User Submissions, you further agree you will not:

a. submit any material that is copyrighted, or otherwise protected by trade secret or otherwise subject to third part proprietary rights, UNLESS you are the owner of such rights or have permission from the rightful owner to post material and you grant Hermosa Journal all of the license rights granted herein;

b. publish falsehoods or misrepresentations that could damage Hermosa Journal or any third party;

c. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially offensive, encourages criminal offenses or conduct considered criminal, or that would give rise to civil liability, violate any law, or is otherwise inappropriate;

d. post advertisements or solicitations of business; nor

e. impersonate another person or persons

9. INTELLECTUAL PROPERTY RIGHTS

The content on the Site, with the exception of User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Hermosa Journal subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Hermosa Journal reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Hermosa Journal, you hereby grant Hermosa Journal a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Hermosa Journal’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.

10. COPYRIGHT INFRINGEMENT POLICY

Hermosa Journal does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and we will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights.

If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

d.Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send notifications of claimed infringement to: legal at hermosajournal dot com.

It is our policy to block access to or remove any material that we believe in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.

11. DISCLAIMERS (OPINION-BASED; AFFILIATE PROGRAM; ADVERTISING; PHOTOGRAPHIC CREDIT & COMMENTS)

Hermosa Journal contains strictly opinion-based information. The content of the Site is fact-checked to the best of our abilities but will, no doubt, contain errors.

Further, we have developed an affiliate program whereby apparel, jewelry and other fashion related companies sell products through links provided on the Site. In return, we are paid a varying percentage of the sales price of sales originating from the Site. Hermosa Journal is committed to editorial integrity and honesty and by no means does its affiliate program affect what we choose to cover, or what we say in our editorial coverage.

Hermosa Journal works with various types of advertisers, paid collaborators and sponsored content. Paid collaborations and sponsored content featured on this site will be disclosed within the respective post or feature. If we choose to write about a product that has been given to us for free, the product will be credited as ‘courtesy of’ (‘c/o’) the company of origin or with an asterik (*). Certain advertisers may collect general visitation information in order to provide better services. Advertisers, paid collaborators and sponsors help Hermosa Journal exist. We are very grateful to all our users for understanding and for supporting the companies that help us.

Comments on the website are always welcome. However, we reserve the right to delete or unapproved comments at any time, for any reason. While comments are subject to our approval, we are not responsible or liable for any of the content or any links provided by readers.

Photography taken by Hermosa Journal or our collaborators will be cited appropriately. When possible, we will link or give credit to any images used on the site that is not taken by us. If we have failed to credit an image appropriately, or you do not wish an image to be featured on Hermosa Journal AND you have a legal right to the image, please do not hesitate to contact us. If you wish to use our images, please credit AND link to our site.

12. DISCLAIMER OF WARRANTIES

HERMOSA JOURNAL’S SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HERMOSA JOURNAL MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

a. HERMOSA JOURNAL MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;

b. HERMOSA JOURNAL MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES HERMOSA JOURNAL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE;

c. HERMOSA JOURNAL DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED;

d. EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

e. HERMOSA JOURNAL EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF HERMOSA JOURNAL.

13. LIMITATION OF LIABILITY AND REMEDIES

HERMOSA JOURNAL, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONEQUENTIAL, PUNITICE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM:

a. THESE TERMS OF SERVICE OR HERMOSA JOURNAL’S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, HERMOSA JOURNAL’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, ONE HUNDRED U.S. DOLLARS ($100.00).

b. ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH HERMOSA JOURNAL’S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.

c. THESE LIMITS WILL APPLY WHERE PERMISSIBLE BY LAW.

14. INDEMNIFICATION

User agrees to indemnify and hold Hermosa Journal and its affiliates, directors, officers, employees, owners and representatives, HARMLESS from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to a.) your breach of these terms of service; b.) any fraud, manipulation, deception or misrepresentation by you; c.) any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services; and d.) any violation of applicable federal or state laws or regulations.

15. NO AGENCY

You and Hermosa Journal are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.

16. ASSIGNMENT

You may not assign these Terms of Service or any of your rights hereunder to a third person without first obtaining our express written consent.

17. TRADEMARKS

Hermosa Journal, HermosaJournal dot com and the Hermosa Bird are trade or service marks of Hermosa Journal. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by Hermosa Journal, in any manner that is likely to cause confusion or in any manner that disparages or discredits Hermosa Journal.

The use of any name, trademark, tradename, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such third party, or as the participation by any such third party in the offering of goods or information through the Site.

18. PROMOTIONS

Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

19. GENERAL INFORMATION – GOVERNING LAW, JURISDICTION, ETC.

GOVERNING LAW: THESE TERMS OF SERVICE, AND ALL ASPECTS OF THE RELATIONSHIP AND DEALINGS BETWEEN YOU AND HERMOSA JOURNAL SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, I.E., AS SUCH LAW IS APPLIED TO TERMS OF SERVICES, RELATIONSHIPS OR DEALINGS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF CALIFORNIA. IF YOU ARE UNWILLING TO HAVE CALIFORNIA LAW APPLIED, DO NOT USE THE SITE. If any provision of these terms of service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

JURISDICTION: ANY LAWSUIT THAT ARISES BETWEEN YOU AND HERMOSA JOURNAL IN CONNECTION WITH OR RELATED TO THESE TERMS OF SERVICE, THE SITE OR THE SERVICES SHALL BE BROUGHT EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS IN THE CITY AND COUNTY OF LOS ANGELES. YOU AND HERMOSA JOURNAL EXPRESSLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS.

Complete Terms of Service: These Terms of Service and the materials expressly incorporated herein by reference constitute the full and complete Terms of Service between you and Hermosa Journal. You and Hermosa Journal have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to these terms of service are permitted or valid.

Section Headings: The section titles of these terms of service are for convenience only and have no legal or contractual effect.

20. TERMINATION

Hermosa Journal may, in its sole discretion, terminate these Terms of Service and your use or access to the Site immediately and without notice for any reason.