TERMS AND CONDITIONS
Last Updated: December 4, 2025
I. INTRODUCTION AND AGREEMENT
These terms and conditions (the "Terms") constitute a legally binding agreement between you (the "User," "You," or "Your") and Cloud 18 Entertainment, hereafter referred to as "Company," "We," "Us," or "Our"). These Terms govern your access to and use of the website located at www.SkyBabyEntertainment.com (the "Site") and any related services, media, or digital products offered therein. By accessing, browsing, or making a purchase on this Site, You acknowledge that You have read, understood, and agree to be bound by these Terms. For the avoidance of doubt, these Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If You do not agree to these Terms, You must strictly prohibit yourself from using the Site.
II. ELIGIBILITY
You must be at least thirteen (13) years of age to use this Site. If You are between the ages of 13 and 18 (or the age of majority in your jurisdiction), You may only use the Site with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. However, by placing an order through this Site, You warrant that You are legally capable of entering into binding contracts and are at least 18 years old. If You are under the age of 18 years and/or are not capable of entering into binding contracts but wish to purchase products, a parent or guardian should accept these Terms on Your behalf.
II. PRIVACY AND COMMUNICATIONS
Your privacy is essential to Us. While We do not currently facilitate user accounts, We do collect email addresses for the purpose of distributing news, updates, and marketing regarding the artist SkyBaby. By providing Your email address, You consent to receive such communications. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. Please review Our Privacy Policy for further explanation as to how We use the information We collect from You.
IV. CHANGES TO TERMS
We reserve the right to modify, update, or replace these Terms at any time without prior specific notice to You. Any changes will be effective immediately upon posting to the Site. We will not notify You directly or personally of any changes to the Terms; as such, it is encouraged that You check this Site regularly for any updates. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
V. SITE ACCESS AND PROHIBITED CONDUCT
Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial entertainment. You agree that you will not: (i) use the Site for any illegal purpose or in violation of any local, state, national, or international law; (ii) interfere with security-related features of the Site, including preventing or restricting the copying of content or attempting to breach any security mechanisms; (iii) use any robot, spider, scraper, or other automated means to access the Site for any purpose without Our express written permission; (iv) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Site ; or (v) attempt to disrupt or interfere with the proper working of the Site, including transmitting viruses or malicious code.
VI. INTELLECTUAL PROPERTY RIGHTS
All content on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the "SkyBaby" brand and trademark (collectively, "Company Content"), is the property of Cloud 18 Entertainment or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as incidental to normal web browsing or as expressly permitted by the purchase of digital products described below.
VII. PRODUCTS, TRANSACTIONS, AND PAYMENT
The Site offers products for sale, including music downloads and streams ("Digital Products") and potentially physical merchandise. Prices for products are described on the Site and are incorporated into these Terms by reference. We reserve the right to change prices for products at any time by posting new prices on this Site. You agree to pay all charges at the prices then in effect for Your purchases, including all applicable sales tax, value-added tax (VAT), and any other fees or duties required by the jurisdiction in which You reside. We use third-party payment processors to handle transactions and do not store Your full credit card details. By paying with a credit or debit card, You confirm that the card is yours and that there are sufficient funds to cover the charges. We reserve the right to check all transactions for signs of fraud; if Your order is flagged for fraud, Your order will be delayed, and a representative may contact You to verify Your information. Occasionally, items on the Site may be incorrectly priced; We are under no obligation to provide the product to You at an incorrect (lower) price if the pricing error is obvious.
VIII. PRE-ORDERS AND AVAILABILITY
Shipping and delivery dates for any "limited edition" or "pre-order" sales are not guaranteed unless otherwise specified. If You order a pre-order item, the timeline for delivery will be available via the product page, but these timelines may vary. Products on this Site are limited to the availability listed; if a product does not appear, it is currently unavailable.
IX. DIGITAL PRODUCT LICENSE AND REFUNDS
When You purchase a Digital Product, You are granted a limited, non-commercial, non-transferable, personal license to download and/or stream the content. You do not acquire any ownership rights in the copyright of the music or content. You may purchase digital content to download or stream and will have a cancellation period of fourteen (14) days in which to cancel Your order for any reason; however, if You decide to download or stream Your product before the end of these fourteen (14) days, then You will lose this cancellation right. When We deliver the link to download or stream Your content, You acknowledge that by clicking on that link You are giving up these cancellation rights. If a file is corrupted or technically defective, We will attempt to replace the file first; if replacement is not possible, a refund will be issued.
X. INTERNATIONAL ORDERS AND IMPORT DUTY
Products ordered from this Site for delivery outside the United States may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You acknowledge that You will be responsible for payment of any such import duties and taxes. We have no control over these charges and local requirements and cannot predict their amount; please contact Your local customs office for information before placing Your order.
XI. USER FEEDBACK AND SUBMISSIONS
The Site does not currently support user-generated content uploads. However, if You send specific submissions (e.g., feedback, suggestions, creative ideas) to Us via email or other means, You agree that 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 to maintain any comments in confidence or to pay compensation for any comments.
XII. THIRD-PARTY LINKS
The Site may contain links to third-party websites or services that are not owned or controlled by Cloud 18 Entertainment. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused by Your use of any such content, goods, or services available on or through any such websites.
XIII. COPYRIGHT INFRINGEMENT (DMCA)
We respect the intellectual property rights of others. If You believe that any material available on or through the Site infringes upon any copyright You own or control, please immediately notify Us at support@skybabyentertainment.com with the Subject Line: "DMCA Takedown Request." Please include a description of the copyrighted work, a description of where the material is located on the Site, Your contact information, and a statement that You have a good faith belief that the use is not authorized.
XIV. DISCLAIMER OF WARRANTIES
THE SITE AND ALL DIGITAL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE 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. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
XV. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL CLOUD 18 ENTERTAINMENT, THE ARTIST "SKYBABY," OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, 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 SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE. OUR LIABILITY FOR LOSSES WHICH YOU SUFFER IS STRICTLY LIMITED TO THE PURCHASE PRICE PAID BY YOU.
XVI. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cloud 18 Entertainment and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, 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, or Your violation of any law or the rights of a third party.
XVIII. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any separate agreements whereby We provide You services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms, the breach thereof, or the use of the Site or Digital Products shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. YOU AND CLOUD 18 ENTERTAINMENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We 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.
XIX. MISCELLANEOUS
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Cloud 18 Entertainment 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 constitute the entire agreement and understanding between You and Us and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us. You may not assign or transfer these Terms or Your rights hereunder without Our prior written consent; We may assign, transfer, or sub-contract our rights and obligations under these Terms at any time without restriction. Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
XX. CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at support@skybabyentertainment.com