Terms and Conditions

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                                                                 Last Updated, Effective Date: March 21, 2024

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY. THESE TERMS INCLUDE, BUT AREN’T LIMITED TO, LIMITATIONS OF OUR LIABILITY TO YOU, YOUR ASSUMPTION OF CERTAIN RISKS, OUR DISCLAIMERS, AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF SITE (AS DEFINED BELOW) TO, IN OUR SOLE DISCRETION, BINDING INDIVIDUAL ARBITRATION, RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

YOU CAN ONLY ACCESS AND USE THIS WEBSITE LOCATED AT www.heracreatives.com AND/OR ITS MOBILE APPLICATION/VERSION (INDIVIDUALLY AND COLLECTIVELY, “SITE”), BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THESE TERMS OF USE. DOING SO FORMS A LEGALLY BINDING CONTACT BETWEEN YOU AND HERA CREATIVES LLC (“HERA CREATIVES”, “Company”, “we”, “us”, or “our”), AND SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME IN OUR SOLE DISCRETION (“DISCRETION”), AND WITHOUT A DUTY TO NOTIFY YOU OF SUCH MODIFICATION. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS OF USE, YOU SHOULD CLICK ON THE “I DECLINE” BUTTON AT THE END OF THEM. DOING SO BARS YOU FROM ANY FURTHER ACCESS TO SITE. 

1. Use of Materials. 

1.1 As between you and us, Materials and any and all other materials EKN displayed on, in or that can be accessed, streamed, or downloaded from Site are solely owned and controlled by us from inception in perpetuity throughout the universe, and are all protected by U.S. and international copyright, trademark, and other laws and treaties. You don’t acquire any rights, titles and/or interests EKN in any of the foregoing by virtue of accessing or making any uses of Materials.

1.2 Any unauthorized use of any of Materials may violate U.S. and/or international copyright and/or other laws, treaties and regulations, is prohibited and without limitation to, a violation of these Terms of Use. In the event of a violation of these Terms of Use, laws, treaties, or regulations, we have the irrevocable right to seek all remedies available per these Terms of Use, by law, in equity, or otherwise EKN (individually and collectively, “Remedy/ies”). We also have the irrevocable right to block or deny access to Materials to anyone at any time for any reason or no reason, in our Discretion.

1.3 While using Materials, you are required to comply with any and all applicable statutes, orders, regulations, rules and other laws EKN. In addition, we require users of Materials to respect the rights and dignity of others. Your use of Materials is conditioned on your compliance with the rules of conduct in these Terms of Use. 

1.4 Unless otherwise expressly authorized in these Terms of Use, it’s also a violation of them to do any of the following:

1.4.1 Reproduce, publicly display, perform, distribute, sell, resell, or otherwise use or exploit Materials for any public or commercial purpose; 

1.4.2 Modify any information or Products on Site in any way, or copy, reproduce, rent, lease, loan, publish, transmit, distribute, perform, display, or create derivative works from Materials;

1.4.3 Decompile, disassemble, reverse engineer, sell, license, or otherwise exploit Materials or anything on or accessible through Site, in whole or in part;

1.4.4 Interfere with Materials or any other person’s or entity’s (“Person(s)”) use of them, including without limitation to, by hacking or defacing any portion of Site, inserting any code, Product, or otherwise manipulating Site in any way that affects any Person’s experience; 

1.4.5 Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with Site:

1.4.5.1 Anything that is or may be: threatening, harassing, degrading, hateful or intimidating; defamatory; fraudulent or tortuous; obscene, indecent, pornographic or otherwise objectionable; or, protected by copyright, trademark, trade secret, right of publicity or other proprietary right, without the express prior consent of the owner of that right;

1.4.5.2 Any material: that encourages conduct or could otherwise give rise to criminal or civil liability; that contains or promotes violence, illegal drug use, illegal gambling or other criminal activity; or, that encourages or provides instructional information about illegal activities such as without limitation to "hacking," "cracking," or "phreaking”;

1.4.5.3 Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, malware or other computer code, file, or program that is harmful or invasive to Site, used to monitor the use of Site or any hardware, software or equipment, or which may or is intended to damage or hijack the operation of Site; 

1.4.5.4 Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", investment opportunity, or any other form of solicitation;

1.4.5.5 Any material, non-public information about a Person without the proper written authorization to do so;

1.4.6 Use Materials for any fraudulent or unlawful purpose; 

1.4.7 Use Materials to defame, abuse, harass, stalk, threaten or otherwise violate any legal or other rights EKN of another Person, including without limitation to, another Person’s privacy rights or rights of publicity, or to harvest or collect “Person Information” (as defined in our Privacy Policy) about someone’s use of Site;

1.4.8 Impersonate any Person, including without limitation to, any designee of ours, falsely state or otherwise misrepresent your affiliation with any Person in connection with Site, or express or imply that we endorse any statement you make;

1.4.9 Interfere with or disrupt the operation of Materials or the servers or networks used to make Materials available; or violate any requirements, procedures, policies, or regulations EKN of those servers or networks;

1.4.10 Remove any copyright, trademark or other proprietary rights notice EKN from Materials or any other materials originating from or accessible through Site;

1.4.11 Frame, model or mirror any part of Site;

1.4.12 Create a database, except as may be expressly authorized by Site; or

1.4.13 Use any bot, spider, search/retrieval application, or other manual or automatic device EKN to retrieve, index, "scrape," "data mine", or in any way gather any Materials or other materials available on or through Site, or reproduce or circumvent the navigational structure or presentation of any Materials available on or through Site.

1.5 We have the irrevocable right in our Discretion, at any time, temporarily or permanently, in whole or in part, to: modify or discontinue Materials, with or without notice; change, modify and/or waive any fees we charge in connection with Materials; and/or offer opportunities to some or all Persons using Materials. Neither we nor any of our sponsors, vendors, licensors, or licensees is liable to you or to any third-party for any modification, suspension or discontinuance of Materials, or of any service, content, feature or Product offered on or through Site. 

1.6 To ensure that we provide a high-quality experience for you and for other users of Materials, we or our representatives may access your account and records on a case-by-case basis, without notice to you unless required by applicable law, to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of Materials. This right, includes without limitation to, the right to terminate your Account (defined in Section 13 below) or your access to Site immediately, without liability to you EKN, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of Materials by others.

1. Legal Disclaimers. Company operates Site and provides Materials on and thru it in support of the manufacturer suppliers, sellers, and sale of Products, which are currently permitted by federal law. However, given the uncertainty and rapid pace of change in relevant laws, we make no representation as to the legality of any Product under laws applicable to you. All Products advertised and offered on Site are offered and intended to be available solely in locations where and under conditions in which such Materials may be legally sold or offered. “We administer this Site from our offices in Los Angeles, CA, USA. We make no representation that Products available on or through this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export, or re-export Products available on or through this Site, or any copy or adaptation, in violation of any applicable laws or regulations, including without limitation to, U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.    

1. Limitations of Liability. 

1.1 We are not responsible or will be liable for any damages EKN to, or any viruses that may infect, your computers, handheld or other devices, telecommunication equipment or any other property EKN, caused by or arising from your access to, use of, or browsing Site. IN NO EVENT WILL WE OR ANY PARTY INVOLVED IN THE CREATION OR PRODUCTION OF MATERIALS OR TRANSMISSION OF SITE OR ANY OF THEIR RESPECTIVE DESIGNEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES EKN, INCLUDING WITHOUT LIMITATION TO, ANY ATTORNEYS FEES AND COSTS, ANY LIABILITY IN CONNECTION WITH YOU PROVIDING YOUR CREDIT CARD OR OTHER FINANCIAL ACCOUNT INFORMATION, RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF MATERIALS, INCLUDING WITHOUT LIMITATION TO, TAXING OR OTHER GOVERNMENTAL AUTHORITY AUDIT, PENALTY AND/OR RISK AND/OR EXPENSES, ANY SITE OR APPS LINKED TO SITE, OR ANY OTHER MATERIALS, INFORMATION, PRODUCTS OR OTHER TYPES OF PRODUCTS EKN CONTAINED ON ANY OR ALL SUCH LINKED SITES OR APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY EKN, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY EKN, EXCEED THE TOTAL OF THE PURCHASE AND USE PRICES PAID BY YOU OR ON YOUR BEHALF FOR THE APPLICABLE MATERIALS. WE HAVE SET ALL OF THE PRECEDING ITEMS PRICING BASED ON THESE LIMITATIONS, AND THEY FORM A MATERIAL PORTION OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE FOREGOING LIMITATIONS SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED FOR ITS ESSENTIAL PURPOSE. 

1.2 IN THE EVENT OF ANY PROBLEM WITH SITE, AND/OR ANY CONTENT ON OR AVAILABLE THROUGH IT, YOUR SOLE REMEDY IS TO CEASE USING THEM. THE LIMITATIONS IN THIS SECTION 17 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO APPLICABLE LAWS FOR ANY SUCH PROHIBITIONS.

2. Revisions to these Terms of Use. These Terms of Use may be revised in our Discretion at any time and from time to time by updating them here. You should visit this page from time to time to review the then-current Terms of Use because they are a legally binding contract between you and us. You can tell when these Terms of Use were last updated by “Effective Date” at the top of these Terms of Use. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on other pages of Site. Your continued use of Site after any changes to these Terms of Use are posted, is your unconditional acceptance of all of those changes. 

3. Indemnification. You have a duty to fully and effectively indemnify and hold, on demand, to the broadest extent allowed by law, Company and each of Company’s former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, assigns, administrators, principals, parents, subsidiaries, affiliates, divisions, partners, co-ventures, members and attorneys (“Affiliate(s)”) harmless, at your sole cost and expense, from and against, any and all third-party and other claims, liabilities, suits, losses, demands, actions, causes of action, notices, proceedings, disputes, costs, expenses, liens, encumbrances, disagreements, and notices EKN, including without limitation to, actual attorneys and accountancy fees and all costs EKN in any manner related to them in whole and in part (“Claim(s)”) occasioned by or arising out of any actual, alleged or anticipated breach of these Terms of Use by you or on your behalf, or by your use of any Materials available on or through Site. In the event of a Claim, we will give you immediate notice of it and you have a duty to immediately undertake at your sole cost and expense our legal representation related to that Claim, with competent, experienced counsel subject to our Approval. You also have a duty to immediately upon demand reimburse us for any payment EKN made by or on behalf of us any time after the Effective Date with respect to any Claim to which the foregoing indemnity relates. 

1. Intellectual Property Infringement; Digital Millennium Copyright Act Notice for Copyright Infringement. We don’t permit intellectual property infringing activities on Site. We may remove in our Discretion any and all Materials and/or User Content if we’re properly informed that any Materials and/or User Content infringe a third-party’s intellectual property rights, including without limitation to, copyright and trademark rights. We can terminate your ability to access or otherwise use Site or to submit User Content if, under appropriate circumstances, it’s determined that you are submitting or have submitted User Content and/or any other materials EKN that infringe another Person’s intellectual property rights. If you’re a copyright or trademark owner or an authorized agent for that owner and believe that any Materials posted on Site by third parties infringes on those copyrights and/or trademarks, you may notify us by providing all the following information in writing:

1.1 A physical or electronic signature of a Person authorized to act on behalf of the owner of an exclusive copyright or trademark right that is allegedly infringed and the month, day, year, city, state, province and/or country where its signed;

1.2 Identification of one or more URL locations where the original or an authorized copy of the copyrighted work or trademark exists;

1.3 A description of the infringing activity and identification of Materials that are claimed to be infringing, the email address, website, URL, WHOIS data, and any other information where the claimed infringement is taking place, reasonably sufficient to allow us to locate it;

1.4 Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number and if available, an email address;

1.5 A statement that you have a good faith belief that use of Materials in the manner you complain of is not authorized by the copyright or trademark owner, its agent or the law; 

1.6 A statement that you have considered whether Materials that is claimed to be infringing constitutes a “fair use” under federal copyright or trademark law, before sending this takedown notification; 

1.7 True and correct copies of copyright and/or trademark registration certificates for work(s) and/or trademark(s) claimed to be infringed; and

1.8 A statement that you swear under penalty of perjury that the information in your notification is accurate and that you are either the owner of or authorized to act on behalf of the owner of, an exclusive copyright or trademark right that is allegedly infringed. If you fail to comply with all of the requirements above, your notice may not be valid. A notice to us of alleged infringement of any other type of intellectual property should be done as below:

1.8.1 Our agent for notice of claims of copyright and trademark infringement can be reached as follows: (i) by mail:  520 S GRAND SUITE 695 LOS ANGELES CA 90071; or (ii) by email: info@heracreatives.com.

2. Notices to You. Notices to you may be made via posting to your Site Account, by providing links to such notices, by email, text, by messenger or by other confirmed delivery service (for example, Federal Express or UPS) (“Delivery Service”), in our Discretion (in the latter three (3) situations, via your most recent address that we have on file). Posted notices are effective on posting. Notices emailed, texted or sent to you by Delivery Service are effective on the date of your receipt, provided that we receive written or printed confirmation of your successful receipt.

3. Electronic Communications. When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on our Site or through other communication services, and you can retain copies of these communications for your records. 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.

4. Returns and Refund Policy. We believe we provide awesome Products. But, if you happen to disagree, we have a no-hassle return policy to take back your purchase. We give you fourteen (14) days from your date of purchase to return your Products. Unfortunately, if fourteen (14) days have passed since your purchase date, we will be unable to offer you a refund. We are unable to offer refunds on gift cards, downloadable software products, some Products if specified on our Site or its individual Product page, and some health and personal care Products.

4.1 To be eligible for a refund, your Products must be unused, in their original packaging, and without any safety seals broken. To set up a return, please visit us at info@heracreatives.com to request a return. We do not take title to returned Products until a Product arrives at our fulfillment center. In our Discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded Product. Once your return is received and approved by us, we will notify you via email that a refund will be processed back to your original form of payment and will post to your account within thirty (30) days. If you do not see your refund hit your account right away, don’t panic. Prior to contacting us we ask that you double check your bank or credit card account or contact bank or your credit card company, as it can take several days for a processed credit to be posted to your account. If you have taken the above steps and still have concerns, please contact us at info@heracreatives.com.