RAYNDROPS MEDIA TERMS & CONDITIONS
OVERVIEW
This website, www.rayndropsmedia.com (the “Website”) is operated by RaynDrops Media. Throughout the Website as well as in these Terms (as defined below), “we,” “us” and “our” refer to RaynDrops Media, and “you,” “your” and “Users” refer to any and all users of the Services (as defined below), including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. RaynDrops Media offers the Website, including all information, tools and Services available from the Website, to you conditioned upon your acceptance of all of the Terms, which acceptance shall be evidenced by accessing or using any part of the Website.
“Terms” as used herein means the terms and conditions set forth herein as well as in any additional terms and conditions or policies referenced or incorporated herein (the “Terms”). “Services” as used herein means any access or use by you of the Website and/or any purchase from us. By engaging in the Services, you agree to be bound by the Terms. These Terms apply to all Users of the Website. If you are using the Services on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts the Terms.
Please read these Terms carefully before accessing or using the Website. If you do not agree to all of the Terms, then you may not access the Website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
THE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW AND SUBJECT TO APPLICABLE LAW, REQUIRES THE USE OF ARBIRTRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN ANY OTHER COURT PROCEEDINTS SUCH AS JURY TRIALS, OR ANY KIND OF CLASS ACTIONS.
Any new features or tools which are added to the Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – WEBSITE TERMS
By agreeing to the Terms, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority in your state or jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Services to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services are provided, without express written permission by us.
The headings used in these Term are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any products or the Services.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the Website. You acknowledge that products purchased through the Website are customized expressly for you and are subject to return or exchange only in extremely limited circumstances, in accordance with our return policy, which can be accessed via a link on the Website.
We have made every effort to display as accurately as possible the colors and images, if applicable, of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on the Website is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details please review our return policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of any optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the Website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services available via our Services may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER SUBMISSIONS; LICENSE
With respect to submissions (including, without limitation, video content) that you send to us as part of the Services (“Submissions”), we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property or these Terms.
You agree that your Submissions and/or your comments (as defined below) will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions and/or your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, the Website or any related website. (whether it be third-party or otherwise). You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or comments. You are solely responsible for any Submissions or comments you make and their accuracy. We take no responsibility and assume no liability for any Submission or comments by you or any third party.
By providing Submissions to us in connection with the Services, you grant to us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use such Submissions in connection with the Services and our business.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that, in addition to being subject to the Terms including the provisions of this Section 9 set forth above, we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Website is governed by our privacy policy, which can be accessed via a link on the Website.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on the Website or any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Services, including without limitation on the Website, or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Services, including without limitation on the Website, or on any related website, should be taken to indicate that all information in the Services, the Website, or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services (including without limitation the Website or its content): (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, the Website, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services , the Website, or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services, including without limitation access or use of the Website, or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Services, including without limitation access or use of the Website, will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall RaynDrops Media, our directors, managers, officers, employees, affiliates, agents, advisors, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product purchased from us, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless RaynDrops Media and its directors, managers, officers, employees, affiliates, agents, advisors, contractors, subcontractors, interns, suppliers, service providers, and licensors, and any parent and/or subsidiaries of RaynDrops Media, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, if any, or your violation of any law or the rights of a third party.
SECTION 15. SUSPENDING AND TERMINATING THE SERVICES.
The Terms and the agreement represented thereby will continue to apply to you unless terminated by either you or us. We may terminate the Terms and the agreement represented thereby or suspend your access to the Services at any time if we believe you have breached any of the Terms, if we stop providing the Services or any material component thereof, or as we believe necessary to comply with applicable laws or regulations. You may terminate these Terms and the agreement represented thereby at any time, in which case you may not continue accessing or using the Services. Upon any such termination, you agree that we will have no liability or responsibility to you. Provisions of the Terms that either explicitly or by their nature must remain in effect even after termination of the Terms and the agreement represented thereby shall survive such termination, including without limitation Section 2 (General Conditions), Section 9 (User Submissions; License), Section 12 (Prohibited Uses), Section 13 (Disclaimer Of Warranties; Limitation Of Liability), Section 14 (Indemnification), and Section 18 (Governing Law; Waiver of Jury Trial; Arbitration).
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW; WAIVER OF JURY TRIAL, ARBITRATION
These Terms shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY DISPUTES BETWEEN THE PARTIES WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION. YOU AND WE FURTHER AGREE THAT EACH MAY BRING ANY CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLIAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms should be sent to us at hello@rayndropsmedia.com.