Effective Date: Oct 24th, 2022
Welcome! Thank you for visiting www.cloudveil.com (the “Site”). The following terms (“Terms”) apply to all users of our Site. This Site is owned and operated by Daytona Apparel Group, LLC, (“Daytona”, “us”, “we”, or “our”).
Please read our Terms carefully before using our Site.
By using our Site, you agree to be bound by these Terms. Please read them carefully before using the Site. If you do not agree with any part of these Terms, please do not access or use this Site.
I. SITE USE GENERALLY.
By using this site, you represent you are at least the legal age of majority in your jurisdiction of residence (which in most cases is 18 but could be older).
Conditioned upon your compliance with these Terms, Daytona grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license (subject to the limitations below) to access and use our Site for your own personal non-commercial use only.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No right, title, or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You must use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- Use the Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us, our users, or expose our users to liability;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- Remove, obscure, or alter any notice of any intellectual property or proprietary right contained on the Site;
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site are stored, or any server, computer or database connected to the Site;
- Reverse-engineer the Site or the software in any way, and/or create algorithms that attempt to or do circumvent any technology put in place to deny you access.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Site;
We assume no liability for or responsibility to anyone for performance or nonperformance of the activities described in these Terms. We make no guarantees regarding the functionality of the Site.
Please use this Site for its intended purpose only. Any violation of these Terms may result in Daytona taking appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
We may also terminate or suspend you access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
III. INTELLECTUAL PROPERTY.
Daytona owns the Site and all content provided to you or on our behalf through the Site. Our Site is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We reserve all rights in and to the Site. Except as expressly granted to you under these Terms, we do not grant you any right, title, or interest in or to any part of the Site.
You may not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Site. You may not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks. You may not delete, remove, or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Site. You may not take any action to jeopardize, limit or interfere in any manner with our rights in and to the Site. We reserve the sole and exclusive right at our discretion to assert claims against third parties for infringement or misappropriation of our intellectual property rights in the Site.
The Site may contain content owned or licensed by third parties. All restrictions set forth in these Terms equally apply to all Site content owned or licensed by third parties.
Our name, the terms, logos, trademarks, and all related names, logos, product and service names, designs and slogans are our trademarks (or our affiliates or licensors’ trademarks). You must not use such marks without our prior written permission, except as provided herein. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
User Generated Content. The Site may provide functionality enabling you to make available your own comments and content. When you transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any comments, suggestions, ideas, inquiries, data, text, software, music, audio files, photographs, graphics, images, videos, messages, ideas, suggestions or other materials ("UGC") on or to the Site, you are entirely responsible for such UGC.
You understand you are participating in a public forum and that any UGC that you submit to Daytona or the Site may be available to all other Site users. Daytona does not endorse any UGC, nor any opinion, representation, recommendation, or advice contained therein, and Daytona expressly disclaims all liability in connection with UGC submissions.
UGC Guidelines. You represent and warrant that all UGC you submit complies with the following guidelines:
- you are either the UGC sole author and owner of all intellectual property rights therein, or you possess all necessary rights, releases, consents, or licenses to enable and authorize you and Daytona 's use of the UGC on the Site (and elsewhere) as provided hereunder;
- any UGC that you submit is: (i) not false, defamatory, obscene or misleading, (ii) does not violate any right of any other person or entity, or any applicable law or ordinance, (iii) does not contain any computer viruses, malware or other potentially harmful electronic files, or any material intended to disrupt, alter, damage or destroy any part of the Site, (iv) does not contain any unauthorized advertising, and (v) Is not, or would not reasonably be considered to be harmful, defamatory, bullying, libelous, vulgar, obscene, pornographic, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation.
License Grant. You grant to Daytona a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, license to use, copy, publish, distribute, modify, edit, create derivative works from, translate and display any UGC that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Daytona is free to use any UGC for any purpose, including but not limited to the Site, Daytona e-mails, social media posts, media content or promotional materials. Daytona shall be under no obligation to preserve or pay compensation for use of any UGC. You further grant to Daytona the right to use your name in connection with any such UGC, but Daytona shall not be obligated to attribute any of your UGC to you. You warrant that all UGC that you submit shall comply with the Federal Trade Commission's Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting UGC to the Site.
Daytona is not responsible for evaluating your UGC and does not assume any responsibility or liability for UGC. We do not endorse or control the UGC transmitted or posted on the Site and do not warrant its accuracy, integrity, or quality. You acknowledge that by using the Site, you may be exposed to UGC that is offensive, indecent, or objectionable to you. You hereby waive all rights to any claims against Daytona of any type arising out of your use of the Site or any UGC that you may encounter at the Site. You acknowledge that Daytona has the right (but not the obligation) in our sole discretion to refuse to post or remove any UGC.
Daytona has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any materials provide on or in connection with the Site infringes upon your intellectual property rights, please notify Daytona by providing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Please send the above information to:
Daytona Apparel LLC
200 Madison Avenue, New York, New York, NY 10016
Upon receipt of a notice complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
You may order products from our Site only if you are the legal age of majority in your jurisdiction of residence (which in most cases is 18 but could be older). You agree to pay in full the prices for your purchases, plus any applicable taxes.
We reserve the right to refuse any order you place through the Site. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same payment method, the same email address, or orders that use the same promotion code, billing or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. You are not permitted to resell any products purchased through our Site for commercial purposes.
VI. CHANGES TO PRODUCTS AND PRICING
Prices and availability of products are subject to change without prior notice at any time.
We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an order has been submitted.
We have made every effort to display as accurately as possible the features of our products on the Site. However, the specific technical specification, display, and setting of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the Site is not accurate, complete, or current.
From time to time, information on the Site might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. It is your responsibility to monitor changes to the Site. Any reliance on the information on the Site is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies, or omissions, and to update or modify the Site content without prior notice.
This Site may contain sweepstakes, contents, or other promotions (“Promotions”) which require you to send materials or information to us. Such Promotions may be governed by a separate set of rules, policies, or terms. It is your responsibility to read such rules, policies, and terms to determine whether you can participate, register, and comply. By participating Promotion through the Site, you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide.
If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for all Losses arising or resulting from that disruption.
IX. DISCLAIMER OF WARRANTIES.
THE SITE AND ITS CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW. WE DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. YOU AGREE THAT DAYTONA WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS, ACCESS DELAYS OR INTERRUPTIONS TO THE SITE, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, ANY INACCURACIES OR OMISSIONS IN CONTENT OR EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF DAYTONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
X. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAYTONA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, UNLESS OTHERWISE SPECIFIED IN WRITING. THESE LIMITATIONS ON DAYTONA'S LIABILITY SHALL APPLY WHETHER OR NOT DAYTONA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
a. Entire Agreement. These Terms and any other policies posted on the Site constitute the entire agreement and supersede all other agreements between Daytona and you relating to this subject matter.
b. Notices. You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms refer to electronically, including without limitation by electronic mail, or by posting Notices on the Site. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing.
c. Governing Law and Jurisdiction. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY NEW YORK LAW, EXCLUDING NEW YORK CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK, NEW YORK (USA). YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS
d. Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, the rest of the Terms will remain in effect.
e. Survival. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, disclaimer of warranty, indemnity, and limitations of liability.
f. No Waiver. Daytona will not be treated as having waived any rights by not exercising, (or delaying exercise of) any rights under these Terms.
h. Site Modifications. We reserve the right to modify or discontinue all or part of the Site, with or without notice, at any time. Content on the Site may be out of date at any given time, and we are under no obligation to update such material. You agree that we will not be liable to you for any change or discontinuance of the Site or of any content, feature, or product offered through the Site
XII. CHANGES TO THESE TERMS.
We may revise and update these Terms from time to time at our sole discretion. We will notify you when we make changes to these Terms by posting the revised Terms and by revising the “last updated” date at the top of this page.
All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Site so that you are aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to make yourself aware of these changes.