Terms of Use
CLOUD NINE PAJAMAS (2009) INC. (“CLOUD NINE”), AS A CONVENIENCE TO YOU GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA WWW.CLOUDNINEPAJAMAS.COM (COLLECTIVELY, THE “SITE”) CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THESE “TERMS OF USE”). FOR THE PURPOSES OF THESE TERMS OF USE, “CONTENT” MEANS, COLLECTIVELY, ANY TEXT, IMAGES, SOFTWARE, SOURCE CODE, APPLICATIONS, SPECIFICATIONS, AUDIO FILES, ARTICLES, AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE THAT ARE NOT SUBMISSIONS (AS DEFINED BELOW).
1. Acceptance of Terms.
PLEASE READ THESE TERMS OF USE AND CLOUD NINE’S PRIVACY POLICY CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF ANY CONTENT YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. CLOUD NINE CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.
You are also subject to the Cloud Nine Privacy Policy.
These Terms of Use are effective as of November 1, 2010.
2. Use and Restrictions.
The Site is provided solely as a convenience to you. You may use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that CLOUD NINE, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site. You further agree that you will not: (a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site.
3. Copyright
The Content and the Site, as well as the selection and arrangement thereof, are the sole property of CLOUD NINE and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with CLOUD NINE’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, CLOUD NINE grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. Any Content owned by CLOUD NINE’s licensors may be subject to additional restrictions.
4. Trademark
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to CLOUD NINE or such marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of CLOUD NINE, and you may not remove or otherwise modify any trademark notices from any Content.
5. Submissions
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the services available in connection with this Site, and that you, and not CLOUD NINE, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the CLOUD NINE Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that CLOUD NINE is free to use a Submission for the purpose of providing you with the associated services and you grant CLOUD NINE a sub licensable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. Additionally, CLOUD NINE agrees to use all of your Submissions in accordance with CLOUD NINE’s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to CLOUD NINE set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions, goals, profiles or comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. CLOUD NINE reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that CLOUD NINE determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. CLOUD NINE may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at CLOUD NINE’s discretion, CLOUD NINE will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require CLOUD NINE to monitor, police or remove any Submissions or other information submitted by you or any other user.
6. Feedback
If you submit any feedback or ideas about our products and services to this Site, you hereby assign and agree to assign to CLOUD NINE all right, title and interest in and to such feedback.
7. Modifications
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, CLOUD NINE reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
8. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than CLOUD NINE. Such links are provided solely as a convenience to you. CLOUD NINE does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
9. Warranties and Disclaimer
THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUD NINE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CLOUD NINE DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO CLOUD NINE THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.
10. Limitation of Liability
CLOUD NINE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Copyright and Trademark Infringements
Notification:
CLOUD NINE respects the intellectual property rights of others, and we ask you to do the same. CLOUD NINE may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide CLOUD NINE’s designated agent 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 and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• 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 at the Site, and information reasonably sufficient to permit CLOUD NINE to locate the material.
• Information reasonably sufficient to permit CLOUD NINE to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• 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 and/or trademark owner, its agent, or the law.
• 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.
CLOUD NINE’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By mail:
Attention: Robert D. Zechel, 12511 – 102 Avenue, Edmonton, Alberta T5N 0M4
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
12. Governing Law
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be venued exclusively in Edmonton, Alberta, Canada. These Terms of Use and the relationship between you and CLOUD NINE will be governed by the laws of the Edmonton, Alberta, Canada without giving effect to principles of conflict of laws of any jurisdiction.
13. Miscellaneous
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between CLOUD NINE and you and any proceedings in connection with these Terms of Use and/or your use of the Site, exclusively shall be made in, the English language. CLOUD NINE and you waive any rights they may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CLOUD NINE as a result of these Terms of Use, our Privacy Policy or any use of the Site. CLOUD NINE’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of CLOUD NINE’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CLOUD NINE with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and CLOUD NINE with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CLOUD NINE with respect to the Site.
Disclaimer
Cloud Nine Pajamas (2009) Inc. does not represent or warrant that the information contained in this website is accurate and complete. We are not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this website. The information, images, photographs, trademarks, products and in general the elements and material that you will find on this website are disclosed only for promotional and advertising purposes; you may download or copy any of such elements and material only for private, personal and not commercial use. Cloud Nine Pajamas (2009) Inc. makes no warranties of the absence of malicious programs (such as viruses, bugs or trojan horses).
Copyright
This website contains information, images, photographs, logos, music, video, trademarks, products, advertising etc. which are and will remain the exclusive property of Cloud Nine Pajamas (2009) Inc. Said material is protected against unauthorized use by copyrights and trademark laws. No right, title and/or interest in any material or software may be deemed assigned to you as a result of any such download or copying. You may not reproduce, totally or in part (except for private, personal and not commercial use), distribute, publish, transmit, modify totally or in part, or sell any of such information, images, photographs, trademarks, products and in general elements and material contained in this website.
Privacy Policy
Cloud Nine Pajamas (2009) Inc. (“Cloud Nine”) respects your right to privacy. We may change or add to this privacy policy at any time without notice, so we encourage you to review it periodically. By purchasing our products or using our services or website, you consent to the collection, use and disclosure of your personal information in accordance with the following privacy policy.
We have included in this privacy policy details on how we collect, use and protect the information you decide to provide us. This privacy policy will tell you:
What information is collected by Cloud Nine
How we use information
How we may share information
How you may contact Cloud Nine
Cloud Nine Points of Contact
The Cloud Nine points of contact include, but are not limited to:
Cloud Nine stores, our merchandise sales website cloudninepajamas.com, Cloud Nine’s customer service line for ordering products and communications with Cloud Nine’s customer relations department
Any other website or on-line service that may be provided from time to time by Cloud Nine or on behalf of Cloud Nine
WHAT INFORMATION DO WE COLLECT?
Consumer Information
We receive and may keep information voluntarily given to us when you decided to make a Cloud Nine purchase, register on a Cloud Nine website, take part in a special promotion or when you provide any other information or unique preferences to better serve you. This information may include:
Your name, address and phone number
Your date of birth
Your e-mail address
Your credit card or Cloud Nine Gift Card number
Proof of your identity
Any other information that Cloud Nine may voluntarily collect from you from time to time on its website or through alternate means
It might also include information you provide us about other people. For example, you may provide us with some of the same information as above (name and address) for a merchandise gift recipient. When you provide us with personal information about the intended recipient of a shipment, we use that information for the purposes of processing the shipment and, in some cases, to communicate with the intended recipient to provide information pertaining to the status of the shipment. We rely on you to obtain the intended recipient’s consent to our use of the personal information for these limited purposes.
Information from Other Sources
We may receive information about you from other sources such as updated address information. This information may help us to improve our ability to service your needs such as ensuring the accurate delivery of direct mail materials.
Use of Cookies and Other Technology
We want you to be aware that certain online tools exist to help us service and recognize you when you visit one of our websites. For your convenience, to help us personalize your experience or better serve your needs, we may receive and store certain types of information when you visit our website. Cookies may be placed on your computer when you click on a Cloud Nine e-mail, banner or on the site directly. We use this information to understand how users navigate to and around our website, view product pages, access content and make purchases.
ONCE INFORMATION IS RECEIVED, HOW IS IT USED AND/OR SHARED?
Within Cloud Nine
Information we collect from you may be shared between all points of contact within Cloud Nine. We use this information to offer you special offers, new products and services. In addition, Cloud Nine may use such information to:
Provide you with timely and reliable fulfillment of requests
Do all things necessary to administer those services
Deliver merchandise and services that you purchase online
Facilitate payment for your purchases
Confirm your orders and delivery information
Respond to your customer service inquiries or requests
Communicate offers, benefits and featured items to you
Administer giveaways, contests, birthday programs and similar promotions
Administer special customer recognition programs
Find and stock the products you want
Customize your shopping experience and for other uses for which Cloud Nine has obtained consent
Outside Cloud Nine
Certain business services are performed on Cloud Nine’s behalf and at Cloud Nine’s request by other companies. We may securely share your information with selected vendors that perform services for Cloud Nine or to others for other marketing purposes. To perform these services, these companies may, at times, utilize some of the information you have provided Cloud Nine. This information is used solely for the purposes Cloud Nine has requested such as maintaining our database, administering and monitoring e-mails, displaying offers and contest administration.
We may also securely share your information with governmental agencies or other entities, including credit reporting agencies, assisting us in fraud prevention or investigation. We may do so when (1) permitted or required by law, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions, or (3) investigating fraud that has already taken place. These entities may access and, if necessary, maintain your information to assist us with fraud prevention and detection. We will never authorize the release of your information to or by such entities for any other purpose.
In addition, Cloud Nine reserves the right to securely disclose personal information to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so. In all cases, this information is not provided to these entities for purposes of marketing to a Cloud Nine customer.
Retention of Personal Information
Cloud Nine retains your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Your consent to such purposes(s) remains valid after any termination of our relationship with you.
Right To Transfer
Cloud Nine also reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale (including, but not limited to, liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal or financing of all or any portion of Cloud Nine or of any of the business or assets or shares of Cloud Nine or a division thereof in order for you to continue to receive the same products and services from the third party.
HOW TO CONTACT Cloud Nine
Postal Mail
If you do not want to receive promotional mail from Cloud Nine via postal service, send a letter stating this with your name and address to info@cloudninepajamas.com, or to our mailing address below. You can also call us at 780-455-6633 with your request.
E-mails
When you fill out one of our forms or other requests for information, you may choose to receive e-mail that informs you about new merchandise in our stores or online, as well as special offers and promotions. In addition, we may send you e-mails to help us learn more about you and your preferences. If, after you have shared your e-mail address with Cloud Nine, you decide that you do not want to receive e-mail from Cloud Nine, you have several options to let us know of your preferences:
You can discontinue promotional e-mails by clicking on the hyperlink shown in all Cloud Nine e-mails and follow the instructions to indicate your unsubscribe preference
Contact Cloud Nine customer relations as set forth below
As it relates to questions you might have about our Privacy Policy or if you have a concern that Cloud Nine may have failed to adhere to this Privacy Policy, please call us at 780-455-6633, email info@cloudninepajamas.com or write us as follows:
Cloud Nine Pajamas (2009) Inc.,12511 – 102 Avenue, Edmonton, Alberta T5N 0M4.
You may also contact us in any one of the above ways to access or update of your personal information.
MISCELLANEOUS
Our Policy on gathering information from and communicating with children online?
We recognize the unique privacy concerns regarding children. Pursuant to COPPA guidelines, we do not knowingly collect personally identifiable information on-line from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information without their consent, please contact us at 780-455-6633, or by e-mail info@cloudninepajamas.com or at the address listed above and we will remove the information about the individual from our marketing database.
Our Commitment to Data Security
Cloud Nine makes commercially reasonable efforts to ensure that personal information collected from you is protected against loss and unauthorized access. This protection applies in relation to information stored in both electronic and hard copy form. Cloud Nine uses industry standard security techniques on our websites to help protect against the loss, misuse or modification of information that you have provided. When you access your personal information or transmit personally identifiable data to us, that information is stored on servers that we have used commercially reasonable efforts to protect from unauthorized access or intrusion. While we implement the above security measures, you should be aware that 100% security is not possible.
What happens if I hit a link to another site from a Cloud Nine site?
Our websites may offer links to other sites. Other sites have their own terms of use and privacy and security policies. Cloud Nine is not responsible for how such third parties collect, use or disclose your personal information. If you choose to visit one of these sites, you may want to review the policies that govern that particular site.