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The Clover Street Pty Ltd ("Clover Street Website") is owned, operated, and maintained by Clover Street Pty Ltd ("Clover Street").
The Clover Street Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Clover Street Website, including placing orders to purchase products from Clover Street, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Clover Street Website may also be subject to additional terms as set forth in such section ("Additional Terms").
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Clover Street Website or with any terms included with any product purchased from Clover Street, then these terms shall control.
Clover Street grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of Learning Resources. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Clover Street, Learning Resources and/or its affiliates without express written consent of Learning Resources (obtained via Clover Street). You may not use any meta tags or any other "hidden text" utilizing Clover Street or Learning Resources' name or trademarks without the express written consent of Clover Street or Learning Resources (obtained via Clover Street). Any unauthorized use terminates the permission or license granted by Learning Resources.
You may not create a link to the Clover Street website without express written permission of Clover Street. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Clover Street Website (www.cloverst.com.au) so long as the link does not portray Clover Street, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Clover Street, Learning Resources logo or other proprietary graphic or trademark as part of the link without express written permission of Clover Street or Learning Resources (obtained via Clover Street).
As a condition of your use of the Clover Street Website, you will not use the Clover Street Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Clover Street Website in any manner which could damage, disable, overburden, or impair the Clover Street Website (or the network(s) connected to the Clover Street Website) or interfere with any other party's use and enjoyment of the Clover Street Website. You may not attempt to gain unauthorized access to the Clover Street Website, other accounts, computer systems or networks connected to the Clover Street Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Clover Street Website.
Unless otherwise specified, the Clover Street website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Clover Street Website. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between Clover Street and Clover Street's business partners and customers ("Business Agreement"), the Business Agreement shall control.
Clover Street reserves the right to change the terms, conditions, and notices concerning use of the Clover Street Website without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Clover Street Website. Your continued use of the Clover Street Website constitutes your agreement to all such terms, conditions, and notices.
Clover Street reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Learning Resources Website or any portion thereof at any time, without notice.
You must be at least 18 years of age to transact any business with Clover Street or to submit any Personal Information to Clover Street. As such, if you transact or attempt to transact any business with Clover Street or submit or attempt to submit any Personal Information to Clover Street, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE CLOVER STREET WEBSITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the Clover Street Website.
If you submit any feedback, suggestions, posts or other communications (each a "Submission" and collectively "Submissions") to the Clover Street Website or to Clover Street, you are granting Clover Street, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Clover Street is under no obligation to post or use any Submission you may provide and Clover Street may remove any Submission at any time in its sole discretion.
All trademarks and trade dress that appear on the Clover Street Website ("Trademarks") are trademarks/trade dress or registered trademarks/trade dress of Learning Resources (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.
The Trademarks are valuable assets of Learning Resources and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Learning Resources and, as such, may only by used by Learning Resources or other authorized persons or entities for the benefit of Learning Resources and only in connection with the products and services authorized by Learning Resources. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Learning Resources, its affiliates, subsidiaries or parent companies is strictly prohibited.
You may not use any of the Trademarks in any manner without the prior written consent of Learning Resources (via Clover Street). Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.
All content that is made available to view and/or download in connection with the Clover Street Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, ("Content") and software ("Software"), is owned by and is the copyrighted work of Learning Resources and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the Clover Street website is the exclusive property of Learning Resources and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Clover Street and/or its software suppliers and is protected by Australian copyright laws and international treaty provisions.
Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Certain customers and partners of Clover Street may be granted access to access certain information on the Clover Street website. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Clover Street immediately of any unauthorized use of your account or any other breach of security. Clover Street will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Clover Street or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Clover Street.
The Clover Street Website may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under the control of Clover Street and Clover Street is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Clover Street is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Clover Street responsible if the Linked Site is not working appropriately. Clover Street is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Clover Street of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings by you with third parties (including advertisers) included within the Clover Street web site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Clover Street shall not be responsible or liable for any part of any such dealings or promotions.
This section applies to those circumstances where Clover Street has requested to use some of your social media content for marketing and advertising purposes.
You agree to grant Clover Street certain rights. You have posted content (photos, video, text) using your social media account that relates to Learning Resources products (such content, together with your social media username and other publicly-visible identifying information, “Your Content”). Clover Street has made a request to you via a post in the applicable social media timeline, by direct message, or some other form, asking you to grant Clover Street permission to use Your Content in its own social media efforts to market and promote its products.
By replying to Clover Street’s request to you to use Your Content (whether you reply within the timeline of the applicable social media platform, via direct message, or otherwise) with the hashtag #yes, you hereby grant to Clover Street and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license to copy, display, distribute, modify and store Your Content. You acknowledge and agree that you will not receive any money as compensation for granting these rights, but that you will receive value from being attributed (by your username) as the creator of Your Content.
You own the content you share. By sharing Your Content with us and granting the rights described in the previous paragraph, you do not grant any ownership rights in Your Content. You represent and warrant that you own all right, title and interest in Your Content that you share, including all copyright. You also represent and warrant that the sharing and publication of Your Content does not violate the rights of any other person, including any intellectual property rights.
You have the right to share Your Content. By sharing Your Content, you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.
How we will use Your Content. We have no obligation to use any of Your Content that you share, and we reserve the right to select in our sole discretion which images will be published. Your Content submitted to us may be used on our website and on our social media pages. We also may publish this information in our catalogs, email marketing, point of sale store materials, and in other promotional and marketing materials.
Waiver. By sharing Your Content, you release Clover Street, from any and all liability resulting from our use of Your Content.
Non-Confidentiality. By sharing Your Content with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove you Content from our site, simply send us an email at info@cloverst.com.au. Even if we remove Your Content, your waiver of rights will continue to apply to all of Your Content that we have already used.
THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE CLOVER STREET WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CLOVER STREET WEBSITE AND TO THE INFORMATION THEREIN. CLOVER STREET AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CLOVER STREET WEBSITE AT ANY TIME.
CLOVER STREET AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE CLOVER STREET WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CLOVER STREET AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT CLOVER STREET SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE CLOVER STREET WEBSITE. YOU SPECIFICALLY AGREE THAT CLOVER STREET IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CLOVER STREET IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE CLOVER STREET WEBSITE BY ANY THIRD PARTY.
IN NO EVENT SHALL CLOVER STREET AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CLOVER STREET WEBSITE, WITH THE DELAY OR INABILITY TO USE THE CLOVERS STREET WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE CLOVERS STREET WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CLOVERS STREET WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LEARNING RESOURCES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, CLOVER STREET WILL NOT EXCEED THE AMOUNT PAID BY YOU TO CLOVER STREET TO ACCESS THE CLOVER STREET WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST CLOVER STREET. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CLOVER WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CLOVER STREET WEBSITE.
You agree to indemnify and hold Clover Street, its affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Clover Street Website and/or any information (text or graphical), software, or products obtained through the Clover Street Website and/or from Clover Street.
All disputes against Clover Street, including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; Learning Resources's trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of Victoria, Australia. and shall be submitted to a state or federal court in the State of Victoria, including but not limited to the courts in Melbourne, Victoria, Australia, and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the Clover Street Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Clover Street with respect to the Clover Street Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Clover Street with respect to the Clover Street Website.
Clover Street Pty Ltd ABN: 22 650 966 117
Copyright © 2024 Clover Street Pty Ltd - All Rights Reserved.
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