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Clover Studios, LLC.

TERMS OF USE

Last updated August 24, 2015

 

WELCOME TO THE CLOVER WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY. ACCESSING, BROWSING, OR OTHERWISE USING THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THESE TERMS OF USE AND TO BE BOUND BY THEM.

This website, www.cloverartisans.com (the “Site”), is owned and operated by Clover Studios, LLC, a California Limited Liability Corporation. Throughout the Site, the terms “we”, “us”, “our”, and “Clover” refer to Clover Studios, LLC. By accessing, browsing, visiting or otherwise using this Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions of use (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. Any new features or tools which are added to the current Site shall also be subject to the Terms. If you do not agree with any of these Terms, do not use this Site.

 

PERSONAL INFORMATION

At Clover, we respect the privacy of our customers. Please review our Privacy Policy before engaging in our Service. By engaging in our Service, you consent to our collection and use of personal data as outlined therein. Clover’s Privacy Policy is located at: http://cloverartisans.com/pages/privacy-policy 

 

USE OF SITE

By agreeing to these Terms, you represent that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. You expressly agree that your use of, or inability to use the Site and/or Clover’s Service are at your sole risk.

You understand that any information or personal data you submit to Clover (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, post, republish, distribute, copy, sell, resell or exploit any portion of the Service, or any content on the Site through which the Service is provided, without Clover’s express written permission.

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. From time to time, we may remove or deactivate the Service for indefinite periods of time, at any time, without notice to you.

A breach or violation of any of the Terms will result in an immediate termination of the Service. We reserve the right to refuse the Service to anyone for any reason at any time. Your obligations under these Terms shall survive the termination of the Service.

 

INTELLECTUAL PROPERTY

Your use of the Site and the Service is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. All of the content on our Site or on any of Clover’s social media accounts (the “Content”), including text, photographs, logos, graphics, audio and video clips, and software code, is owned or licensed by Clover or its various third-party providers and distributors, unless otherwise noted. This Site and the Content may not be reproduced, duplicated, posted, republished, distributed, copied, sold, resold or exploited without Clover’s written permission. You may electronically copy and/or print "hard copies" from the Site solely for personal, non-commercial purposes related to placing an order or shopping on the Site.

If any party or user misappropriates or uses the Content, including our trademarks or copyrights without the express written consent of Clover, Clover may pursue any and all available legal remedies to protect and enforce its rights, including, but not limited to seeking injunctive, equitable, and monetary damages. Clover shall be entitled to recover any attorneys’ fees and costs incurred in protecting and enforcing its rights.

Clover respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Clover via e-mail at hello@cloverartisans.com.

 

PRODUCTS & SERVICES/WARRANTIES

The listing, description of, or reference to, a product on this Site does not imply that the product is presently available. Products displayed may be out-of-stock or discontinued. Backordered merchandise includes items not currently in stock.

We have made every effort to display as accurately as possible the colors and images of the products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. Please note that our products are often unique, hand-crafted items and therefore no two pieces are ever exactly the same. Our Site photos are a close representation of this work, but may not be identical to the piece you receive. ALL PRODUCTS DELIVERED TO YOU THROUGH THE SITE ARE 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.

For more detail, please review our Returns Policy located at: http://cloverartisans.com/pages/shipping-returns 

 

ERRORS AND INACCURACIES

Occasionally there may be information on our Site 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 on the Site is inaccurate at any time, without prior notice, including after you have submitted your order.

Clover’s product stories are based on conversations we have with artisans and people we meet while traveling, and/or on our own research. Any inaccuracies are wholly unintentional. Clover presents content on this Site “as is” and makes no claims to its accuracy, either expressed or implied. We reserve the right to correct errors or to update product stories or other content at any time without prior notice.

 

PURCHASE TRANSACTIONS

We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, for any reason or for no reason at all, even after your receipt of an order confirmation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. In the event that a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

Unless otherwise stated, all fees are quoted in U.S. Dollars. In addition to the payment of the applicable purchase price for a purchased item, buyers may be responsible for paying any shipping costs to Clover as detailed in our shipping policy located at http://cloverartisans.com/pages/faqs and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase of any items through the Service. Any such shipping costs and taxes are not included in the listed price for any items made available through the Service, but will be displayed before confirmation of any purchase. Sellers are responsible for all income taxes associated with the purchase and sale of any items through the Service.

All shipping and returns of purchases will be conducted according to the Shipping and Return Policies located at http://cloverartisans.com/pages/shipping-returns

 

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with Clover. 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 or caused by 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.

 

THIRD-PARTY SERVICES

You may enable various online services to be directly integrated into your Clover experience. Allowing the integration of these online services may make your Clover experience richer and more personalized.

To take advantage of these online services, we may ask you to register for, or log into third-party websites. By enabling third-party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating third-party services and Clover’s use, storage, and disclosure of information related to you, and your use of such services within Clover, please see our Privacy Policy at http://cloverartisans.com/pages/privacy-policy. However, please remember that the manner in which third-party services use, store, and disclose your information is governed solely by the policies of such third parties, and Clover shall have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within your Clover Service.

In addition, Clover is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with third-party services. As such, Clover is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party service. Clover enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

 

USER-SUBMITTED COMMENTS, FEEDBACK, AND CONTENT

You may choose to send Clover submissions such as, but not limited to, comments, feedback, suggestions, creative ideas, stories, photos, videos, or similar information, whether online, by email, by postal mail or via Clover’s social media accounts (“Submissions”). When you submit anything to us, you give us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, make available, create derivative works from, distribute and display whatever you submit, in any media or format. The Submissions become part of Clover’s Content.

You agree that your Submissions 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 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 Service or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions and their accuracy. We take no responsibility and assume no liability for your Submissions or the Submissions of a third party. We may, but have no obligation to, monitor, edit or remove content and/or Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violate any party’s intellectual property or these Terms.

 

SECURITY

You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Site or the networks connected to the Site. You acknowledge and agree that, for security purposes, Clover may monitor your account and your access to and use of the Site. Clover may at any time terminate or suspend your access to the Site as we consider appropriate or necessary in our sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of the Terms, or to protect our intellectual property. Clover may also impose limits on certain features and functions of the Site, or restrict your access to the Site without notice or liability.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site 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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

 

LIMITATION OF LIABILITIES

Clover Studios, LLC, including its present and former owners, members, partners, agents, employees, consultants, attorneys, successors, assigns, suppliers, service providers, licensors and affiliates, is not 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 the Site, the Service or any products procured using the Site or the Service, or for any other claim related in any way to your use of the Site, the Service, or any Clover product. 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.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Clover Studios, LLC including its present and former owners, members, partners, agents, employees, consultants, attorneys, successors, assigns, suppliers, service providers, licensors and affiliates, from and against any and all loss, costs, expenses, and damages, including without limitation attorneys’ fees, arising, whether directly or indirectly, from (a) your violation of these Terms; (b) your use of the Site or the Service; or (c) any of your Submissions.

 

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. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Site and/or the Service, 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 Clover’s Terms of Use). The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

APPLICABLE LAW / VENUE

By visiting the Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and Clover, including any dispute concerning the Terms, the Site and/or your use of the Service. Any such dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Marin, California.

 

CHANGES/UPDATES TO THESE TERMS

WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE SITE TO DETERMINE IF THERE HAVE BEEN CHANGES TO THESE TERMS AND TO REVIEW SUCH CHANGES. IF OUR INFORMATION PRACTICES CHANGE, WE WILL POST AN UPDATED VERSION OF THE TERMS ON THE SITE. YOU CAN TELL IF THE TERMS HAVE CHANGED BY CHECKING THE “LAST UPDATED” DATE, WHICH WILL BE THE DATE ON WHICH THE NEW POLICY BECOMES EFFECTIVE. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF ANY NEW TERMS AND CONDITIONS.

 

NOTICE TO CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Service from California are entitled to 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 (916) 445-1254 or (800) 952-5210.

 

CONTACT INFORMATION

Clover Studios, LLC

415.496.0646

hello@cloverartisans.com