Site Policies
TERMS &
CONDITIONS
Agreement between User and www.cloudraymusic.com/
Welcome to www.cloudraymusic.com/. The www.cloudraymusic.com/ website (the "Site") is comprised of various web pages operated by Cloud Ray Music & Merchandise ("Cloud Ray"). www.cloudraymusic.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
www.cloudraymusic.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.cloudraymusic.com/ is an E-Commerce Site.
Cloud Ray Music & Merchandise provides a centralized location for all things branded after Musical Artist, 'Cloud Ray'. Music, apparel, and accessories are all available to purchase through the website and remain the intellectual property of Adam Hitchman.
Electronic Communications
Visiting www.cloudraymusic.com/ or sending emails to Cloud Ray constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cloud Ray is not responsible for third party access to your account that results from theft or misappropriation of your account. Cloud Ray and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Cloud Ray does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.cloudraymusic.com/ only with permission of a parent or guardian.
Cancellation/Refund Policy
RETURNS
All purchases are warrantied with a grace period of 2 weeks or 14 days starting from the original purchase date. During this time, products that are accepted for a return are eligible for a full refund. After the grace period had ended, the item(s) will only be available for exchange to an equal amount. All items must be in new and unused condition in order to be accepted for return. Clothes that have been washed or damaged due to washing will not be accepted as a returnable or exchangeable item.
RETURN PROCESS
To return an item, please email customer service at cloudraymusicport@gmail.com to obtain a Return Merchandise Authorization (RMA) number. After receiving a RMA number, a return shipping label will be emailed to you and all you have to do is bring the item, label, and original proof of purchase to your local courier to ship.
Return shipping charges will be paid by us. You may use a different trackable method to mail your return however, it is recommended that you use the label provided in the email when mailing at your local courier.
REFUNDS
After receiving your return and inspecting the condition of your item, we will process your return or exchange. Please allow at least (1 to 2 business days) after we receive your return or exchange for the inspection process to take place. Refunds may take 1-2 billing cycles to appear on your credit
card statement, depending on your credit card company. We will notify you by email when your return has been processed.
EXCEPTIONS
The following items cannot be [returned] or [exchanged]:
- Washed or damaged clothing due to washing or extreme usage
- Used products intended for food or drink
For defective or damaged products, please contact us using the information posted below to arrange a refund or exchange.
Please Note
Sale items are FINAL SALE and cannot be returned.
QUESTIONS
If you have any questions concerning our return policy, please contact us at:
+1(272)219-8284
or
Email us at:
Links to Third Party Sites/Third Party Services
www.cloudraymusic.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Cloud Ray and Cloud Ray is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cloud Ray is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cloud Ray of the site or any association with its operators.
Certain services made available via www.cloudraymusic.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.cloudraymusic.com/ domain, you hereby acknowledge and consent that Cloud Ray may share such information and data with any third party with whom Cloud Ray has a contractual relationship to provide the requested product, service or functionality on behalf of www.cloudraymusic.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.cloudraymusic.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Cloud Ray that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Cloud Ray or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Cloud Ray content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Cloud Ray and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cloud Ray or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Cloud Ray from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Cloud Ray Content accessed through www.cloudraymusic.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Cloud Ray, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Cloud Ray reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cloud Ray in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Cloud Ray agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE Page 4 of 6
INFORMATION HEREIN. CLOUD RAY MUSIC & MERCHANDISE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CLOUD RAY MUSIC & MERCHANDISE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLOUD RAY MUSIC & MERCHANDISE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOUD RAY MUSIC & MERCHANDISE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLOUD RAY MUSIC & MERCHANDISE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Cloud Ray reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cloud Ray as a result of this agreement or use of the Site. Cloud Ray's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cloud Ray's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cloud Ray with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cloud Ray with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cloud Ray with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Cloud Ray reserves the right, in its sole discretion, to change the Terms under which www.cloudraymusic.com/ is offered. The most current version of the Terms will supersede all previous versions. Cloud Ray encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Cloud Ray welcomes your questions or comments regarding the Terms:
Cloud Ray Music & Merchandise
Email Address:
Telephone number:
2722198284
SHIPPING &
RETURNS
Thank you for your purchase! We hope you love and enjoy your product. However, if you are not 100% satisfied with your purchase for any reason, you may return it to us for a full refund* or an exchange of equal amount to the original purchase on your receipt. Please see below for more details on our return policy.
RETURNS
All purchases are warrantied with a grace period of 2 weeks or 14 days starting from the original purchase date. During this time, products that are accepted for a return are eligible for a full refund. After the grace period had ended, the item(s) will only be available for exchange to an equal amount. All items must be in new and unused condition in order to be accepted for return. Clothes that have been washed or damaged due to washing will not be accepted as a returnable or exchangeable item.
RETURN PROCESS
To return an item, please email customer service at cloudraymusicport@gmail.com to obtain a Return Merchandise Authorization (RMA) number. After receiving a RMA number, a return shipping label will be emailed to you and all you have to do is bring the item, label, and original proof of purchase to your local courier to ship.
Return shipping charges will be paid by us. You may use a different trackable method to mail your return however, it is recommended that you use the label provided in the email when mailing at your local courier.
REFUNDS
After receiving your return and inspecting the condition of your item, we will process your return or exchange. Please allow at least (1 to 2 business days) after we receive your return or exchange for the inspection process to take place. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company. We will notify you by email when your return has been processed.
EXCEPTIONS
The following items cannot be [returned] or [exchanged]:
- Washed or damaged clothing due to washing or extreme usage
- Used products intended for food or drink
For defective or damaged products, please contact us using the information posted below to arrange a refund or exchange.
Please Note
Sale items are FINAL SALE and cannot be returned.
QUESTIONS
If you have any questions concerning our return policy, please contact us here.
PRIVACY
& DATA
Protecting your private information is our priority. This Statement of Privacy applies to www.cloudraymusic.com/, and Cloud Ray Music & Merchandise and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Cloud Ray Music & Merchandise include www.cloudraymusic.com/ and Cloud Ray Music & Merchandise. The Cloud Ray Music & Merchandise website is a Music & e-Commerce site. By using the Cloud Ray Music & Merchandise website, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered, Cloud Ray Music & Merchandise may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
If you purchase Cloud Ray Music & Merchandise's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Cloud Ray Music & Merchandise may also collect anonymous demographic information, which is not unique to you, such as your:
- Age
- Gender
- Race
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Cloud Ray Music & Merchandise collects and uses your personal information to operate and deliver the services you have requested.
Cloud Ray Music & Merchandise may also use your personally identifiable information to inform
you of other products or services available from Cloud Ray Music & Merchandise and its affiliates.
Sharing Information with Third Parties
Cloud Ray Music & Merchandise does not sell, rent or lease its customer lists to third parties.
Cloud Ray Music & Merchandise may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Cloud Ray Music & Merchandise, and they are required to maintain the confidentiality of your information.
Cloud Ray Music & Merchandise may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Cloud Ray Music & Merchandise or the site; (b) protect and defend the rights or property of Cloud Ray Music & Merchandise; and/or (c) act under exigent circumstances to protect the personal safety of users of Cloud Ray Music & Merchandise, or the public.
Tracking User Behavior
Cloud Ray Music & Merchandise may keep track of the websites and pages our users visit within Cloud Ray Music & Merchandise, in order to determine what Cloud Ray Music & Merchandise services are the most popular. This data is used to deliver customized content and advertising within Cloud Ray Music & Merchandise to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Cloud Ray Music & Merchandise. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Cloud Ray Music & Merchandise website.
Use of Cookies
The Cloud Ray Music & Merchandise website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Cloud Ray Music & Merchandise pages, or register with Cloud Ray Music & Merchandise site or services, a cookie helps Cloud Ray Music & Merchandise to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Cloud Ray Music & Merchandise website, the information you previously provided can be retrieved, so you can easily use the Cloud Ray Music & Merchandise features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Cloud Ray Music & Merchandise services or websites you visit.
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
Cloud Ray Music & Merchandise secures your personal information from unauthorized access, use, or disclosure. Cloud Ray Music & Merchandise uses the following methods for this purpose:
- SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: • Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality; • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
Cloud Ray Music & Merchandise does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications
From time to time, Cloud Ray Music & Merchandise may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Cloud Ray Music & Merchandise or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Cloud Ray Music & Merchandise, you may opt out of such communications by Clicking Unsubscribe Button at the bottom of the email.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
Cloud Ray Music & Merchandise reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
Cloud Ray Music & Merchandise welcomes your questions or comments regarding this Statement of Privacy. If you believe that Cloud Ray Music & Merchandise has not adhered to this Statement, please contact Cloud Ray Music & Merchandise at:
Cloud Ray Music & Merchandise
Email Address:
Telephone number:
2722198284