Terms & Conditions

Introduction

These Terms of Use (the “Terms”) are a legal agreement between you and Cloud Island® Sleepers, Blanket, Baby Clothes, Crib Sheet, Burp Cloths (“Cloud Island,” “we,” “our” or “us”) that set forth the terms and conditions that apply to your access and use of thecloudisland.com website (the “Site”) and any other websites, mobile apps, APIs, widgets, analytics tools, forums, shopping carts, commerce services, downloads, mobile applications, web applications, product services, sales tools and other digital properties owned and/or provided by us now or in the future (collectively with the Site, the “Service”).

Please read the Terms carefully before using the Service. By accessing or using the Service, you signify that you have read, understand, and agree to be bound by the Terms and our Privacy Policy, whether or not you are a registered user of our Service. If you do not agree to the Terms and Privacy Policy, then you do not have permission to access or use the Service.

Service Overview

Cloud Island provides an ecommerce website and related services focused on baby and children’s clothing, accessories, bedding, decor and other juvenile products. The Service allows users to browse and purchase products, manage account settings, interact with customer service, subscribe to marketing communications, and utilize other features we make available.

Eligibility to Use the Service

You must be at least 16 years old to access or use the Service. If you are under 16 years old, you are not permitted to use the Service or provide any personal information to us.

Some areas of the Service may have additional eligibility requirements that you must comply with to access or use. We reserve the right to limit, block or terminate your access and use of the Service at any time if you fail to meet any eligibility requirements.

Registered Accounts

To access certain features or functions through the Service, you may be able to or required to register an account. When you register an account, you agree to:

  • Provide accurate, current and complete information as requested by the registration form
  • Maintain and promptly update any information provided during registration to keep it accurate, current and complete
  • Maintain the security of your login credentials and restrict access to your account
  • Accept full responsibility for all activities that occur under your account
  • Immediately notify us of any unauthorized use of your account

Failure to comply with these account registration rules is a breach of the Terms that may result in immediate termination of your account.

Your Interactions With the Service

Personal Responsibility. You are fully responsible for your interactions with the Service and any actions that occur through the use of your account. You will not and will not assist or facilitate any third party to:

  • Violate any laws or regulations or engage in any activity prohibited by the Terms;
  • Infringe on our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, rights of publicity or privacy;
  • Act in a manner that is threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious or contains explicit, graphic or obscene content;
  • Post or transmit any malicious code, spam, log viruses, worms, time bombs, corrupted files or other computer programming routines;
  • Modify, adapt, translate or reverse engineer any portion of the Service;
  • Remove any copyright, trademark or other proprietary notices from the Service;
  • Use any robot, spider, scraper or other automated means to access, scrape or index the Service;
  • Collect or harvest any user data from the Service;
  • Post usernames, email addresses, phone numbers or other private or personally identifiable information;
  • Offer for sale any goods or services;
  • Impersonate any person or entity, engage in sender address falsification or otherwise manipulate identifiers to disguise the origin of any content transmitted;
  • Use the Service in any commercial manner without our prior written approval;
  • Register for more than one user account;
  • Access, tamper with or use non-public areas of the Service, our computer systems or technical infrastructure;
  • Probe, scan or test any vulnerability of any system or network without authorization;
  • Breach or otherwise circumvent any security measures or rate limits;
  • Interfere with the proper operation of the Service;
  • Take any action that imposes or may impose an unreasonable load on our infrastructure; or
  • Advocate, encourage or assist any third party in doing any of the above activities.

User Content. The Service may allow you and other users to create, upload or share content, which may include reviews, blog posts, videos, photos, audio clips, comments or other content generated by you and other users (“User Content”). You are solely responsible for any User Content you contribute to the Service and represent and warrant you have all rights necessary to do so. You will not post or transmit any User Content that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any applicable law, statute, ordinance or regulation; (iii) is defamatory, libelous, unlawfully threatening or harassing; or (iv) contains any computer viruses or malware. We reserve the right, but not the obligation, to monitor User Content to determine compliance with these requirements. We have the right to remove any User Content from the Service at our discretion.

No Endorsement. We do not represent or guarantee the truthfulness, accuracy or reliability of User Content, derivative works from User Content, or any other communications posted by users or third parties. We do not endorse any opinions expressed by users. You access and rely on User Content at your own risk.

Feed Back. Any comments, suggestions, ideas or other feedback you provide regarding the Service is entirely voluntary. Any User Content will be considered non-confidential. We will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the feedback now or in the future.

Orders, Payment, Shipping & Returns

Orders. When you place an order on the Service, we will provide an order confirmation when your purchase is complete. However, until we issue the shipping confirmation, we reserve the right to cancel your order for any reason. If we cancel your order after you have been charged, we will refund you in full within a reasonable time.

Pricing. All prices and charges associated with your orders will be displayed prior to completion of your order. We reserve the right to change prices at any time. In the event of an error, whether by us or third parties, we reserve the right to correct the error and charge or refund you the correct amount.

Payment Processing. We use third party payment processors to assist us in processing your payment information securely. All payment information you provide is provided directly to our third party processors at your own risk. We do not directly collect or store any payment card information.

Shipping & Delivery. When you place an order, you may be charged shipping, handling and processing fees based on your selections. We will ship your order to the address you provide us, but you are responsible for providing an accurate shipping address and ensuring someone is available to receive and sign for the package. We may require valid proof of age for delivery of certain products or services. Our stated lead times and delivery estimates are not guarantees of delivery by a date certain. We will not be liable for any delays in shipping. You are responsible for any customs, duty, tariffs or other charges related to international shipments. If a product is returned because no one is available to sign and accept delivery, we will charge you a re-stocking fee.

Returns. If you are not fully satisfied with any item you purchase on the Service, you may return it within 30 days of delivery for a full refund, subject to certain restrictions and exceptions. Items must be returned new and unused with original tags and labels intact. Customized or personalized products may not be returned. You are responsible for all return shipping costs unless the return is due to a defect or error on our part.

Termination of Use

We may terminate or suspend your account, or your ability to access or use the Service immediately, without notice, if we determine in our sole discretion that you have breached the Terms, violated any law, rule or regulation or engaged in other inappropriate conduct. We may remove and delete any of your User Content at any time for any reason.

You may delete your account and stop using the Service at any time. The Terms will continue to apply to your previous use of the Service and anything related to your account with us.

The following sections will survive and remain in effect even if your access to the Service is terminated or your use of the Service ends: Content Ownership, Dispute Procedures, Disclaimers of Warranties, Limitation of Liability, Indemnification and General Terms.

Content Ownership

The Service contains content owned or licensed by Cloud Island, including without limitation the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (“Cloud Island Content”).

Cloud Island Content is protected under both United States and foreign copyright, trademark and other applicable laws. You may not modify, copy, distribute, transmit, license, create derivative works from, transfer, sell or resell any Cloud Island Content. Your use of the Service does not grant you any license or other rights to access, use, distribute, modify or reproduce any Cloud Island Content, except as expressly permitted in these Terms.

Cloud Island and our other graphics, logos, brands, product names and other trademarks or service marks (collectively the “Cloud Island Trademarks”) are the trademarks or registered trademarks of Cloud Island. Cloud Island Trademarks may not be used in connection with any products or services in any manner likely to cause confusion or disparagement.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material on the Service infringes upon any copyright that you own or control, please notify us using the contact information provided below. Please provide us with all relevant information necessary for us to investigate whether the material infringes any law, regulation or your rights. We will process notices of alleged infringement in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”). Designated DMCA Agent: copyright@thecloudisland.com or Cloud Island® Sleepers, Blanket, Baby Clothes, Crib Sheet, Burp Cloths Attn: Copyright Agent, 123 Cloud Island Lane, Cloud City, CA 12345. Please refer to 17 U.S.C. §512(c)(3) for the requirements of a proper notification.

Dispute Procedures

Any controversy, allegation or claim arising out of or relating to the Service, the Terms, your account or your use of the Service (each, a “Dispute”) will be governed by California law and must proceed solely in the federal or state courts located in Los Angeles County, California. You and Cloud Island consent to venue and personal jurisdiction in these courts. Prior to initiating any lawsuit against the other, you and Cloud Island agree to attempt in good faith to resolve any Dispute informally. The party invoking informal dispute resolution under this paragraph must provide notice to the other party in writing describing the Dispute and proposed resolution. If the parties cannot agree how to resolve the Dispute within thirty (30) days after such notice is received, then either party may commence a lawsuit. In the event of litigation relating to the Service, the Terms or your use of the Service, the substantially prevailing party will be entitled to recover its reasonable costs and attorney fees from the other party.

Disclaimers of Warranties

THE SERVICE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY CLOUD ISLAND ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLOUD ISLAND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE A PART OF SUCH CONTENT, PRODUCTS AND SERVICES.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ANY CONTENT, PRODUCTS OR SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLOUD ISLAND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

CLOUD ISLAND DOES NOT WARRANT THAT THE SERVICE, ITS SERVERS, OR EMAILS SENT BY OR ON BEHALF OF CLOUD ISLAND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Limitations of Liability

IN NO EVENT WILL CLOUD ISLAND, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT, PRODUCT OR SERVICE, INCLUDING FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE) REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL CLOUD ISLAND’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE FEES PAID BY YOU TO CLOUD ISLAND OVER THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification

You will defend, hold harmless and indemnify Cloud Island and its subsidiaries, affiliates, officers, directors, employees, consultants, affiliates, agents, suppliers and service providers from any claim, demand, damages, costs, or liability arising from or related to your use of the Service, violation of the Terms or infringement by you or any other user of your account of any intellectual property or other right of anyone.

General Terms

Assignment. You may not assign or otherwise transfer the Terms or any of your rights and obligations under the Terms without prior written consent from Cloud Island. Cloud Island is permitted to assign or transfer these Terms or any and all of its rights under the Terms, without notice or obtaining your consent. Subject to the foregoing restrictions, the Terms will be binding on and benefit each party’s successors and assigns.

Force Majeure. We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including but not limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, war or acts or orders of government.

Governing Law. These Terms and any Dispute will be governed by the laws of the State of California and applicable United States law, without regard to conflict of law rules or principles.

Modification. We reserve the right, at any time, to modify the Terms or impose new terms and conditions with respect to your access to or use of the Service. Such modifications and additional terms will be communicated to you through notification via email or by posting them on the Service. Your continued use of the Service will confirm your acceptance of the additional or modified terms. If you do not agree to the modified or additional terms, you must stop using the Service.

Severability. If any provision of the Terms is found unenforceable, then that provision will be severed from the Terms and not affect the validity and enforceability of any remaining provisions.

Notice. Where Cloud Island requires that you provide us with notice, you will do so by email to legal@thecloudisland.com. We may provide you with notices or other information through email, regular mail or through conspicuous posting on the Service.

Headings. Headings used in the Terms are provided for convenience only and will not affect the meaning or interpretation of the Terms.

No Waivers. The failure by Cloud Island to enforce any provision of the Terms will not constitute a waiver of that or any other provision. No waiver will be effective against us unless made in writing. Nor will any waiver by us of any breach of your obligations under these Terms constitute a waiver of any subsequent breach.

Entire Agreement. The Terms constitutes the entire agreement between you and Cloud Island relating to your access to and use of the Service. The Terms supersede any prior or contemporaneous representations or agreements.

How to Contact Us

If you have any feedback, questions or concerns, you may contact Cloud Island at:

Email: legal@thecloudisland.com

Phone: 408-358-5264

Conclusion

WE HOPE THESE TERMS PROVIDE YOU WITH CLARITY ON HOW YOUR ACCESS AND USE OF OUR SERVICE WILL BE GOVERNED. PLEASE DON’T HESITATE TO CONTACT US IF YOU HAVE ANY QUESTIONS OR CONCERNS!

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