March 2, 1. Clover provides a service that allows Clover Account holders as defined below to register unique personal profiles and communicate with other members based on location. These Terms govern and apply to your access and use of Clover's services available via applications owned, controlled, or offered by Clover the "Clover Software" and Clover's website www.
To make these Terms easier to read, the Clover Software, our services and the Clover Site are collectively called the "Clover Services". Your use of the Clover Services is contingent on your acceptance of these Terms and all the terms and policies incorporated herein. Please also note that if you subscribe to the Clover Services, your subscription will automatically renew for certain periods of time if you do not cancel prior to the end of the term.
You also represent and warrant that you have never been convicted of an indictable offense or any criminal offense involving sexual misconduct or otherwise. You further confirm that you i have not previously been suspended, removed, deactivated, terminated or blocked from the Clover Services; and ii are not a competitor of Clover and are not using the Clover Services for reasons that are in competition with Clover or other than for its intended purpose.
Use Of The Clover Services You agree that you will only use the Clover Services, including the posting of any content through the Clover Services, in a manner consistent with these Terms and compliant with any and all applicable local, provincial, federal and international laws and regulations.
You will need to register and create only one 1 unique Clover account for your use of the Clover Services your "Clover Account". To register a Clover Account, you may either a register by using a valid email address and your phone number with password we may ask you to validate your Clover Account via SMS and provide certain information about yourself as prompted by the registration form; or b register by using your Facebook login, meaning that you are authorizing us to access certain information in your Facebook account, including, but not limited to, information about Facebook friends you might share in common with other Clover Users.
By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and profile pictures, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Clover Users in your network or geolocation.
You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content as defined in Section 4 or other communications made in connection with your use of the Clover Services.
You understand and agree that anyone may be able to view any information you choose to make publicly available. You understand that you are fully responsible for maintaining the confidentiality of your Clover Account and you are responsible for all activities that occur under your Clover Account, including the purchase of any of our Paid Clover Services as described in Section You are solely responsible for selecting an appropriate username and for any and all disclosures you make of your username to others, including any selection or disclosure that makes you personally identifiable.
You are responsible for maintaining the confidentiality of your Clover Account login username and password and are fully responsible for all activities that occur under your Clover Account. In the event that you forgot your login information and wish to retrieve it, you will be directed to a password recovery section where you will be asked for the email address or phone number associated with your Clover Account.
For instance, never give out your password, and remember to lock your mobile device when it is not in use. Please email us at support clover. Clover Account Security Breach if you believe your Clover Account has been accessed by an unauthorized person. You acknowledge that Clover is not, and will not, be liable or responsible for any losses or damages arising from the theft or misappropriation of your Clover Account.
You further acknowledge and agree that Clover is not responsible for, and has no control over, any security breaches experienced on any third party Social Networking Site as defined below. You will only use the Clover Services for your sole, personal use and not in connection with any commercial activities. You will not authorize others to use the Clover Services, gain access your Clover Account or otherwise attempt to transfer your right to use the Clover Services to any other person or entity.
Clover reserves the right to a disable, block, suspend or deactivate any User's use of or access to the Clover Services, including the location information or profiles of other Users, or b terminate any User's Clover Account, for any reason whatsoever and without notice. The use of the Clover Services on your mobile device may require use of your data service.
Depending on the plan that you have with your cellular carrier, you could incur data charges. You should check with your cellular carrier and determine how you will be charged for data usage. Clover is not responsible for your data usage and will not be responsible for data charges that you may incur while using the Clover Services. You are responsible for any Internet connection, data or other fees assessed by your cellular carrier to access the Clover Services via your wireless device, including any data plan charges, toll, out-of-area, roaming, or other wireless device connection charges.
Interactions with Other Users. You assume all risk when using the Clover Services, including but not limited to all risks associated with any online or offline interactions with others, including dating.
While Clover may signal that Users who purchase Subscriptions as defined in Section 17 have valid iTunes accounts by placing a "verified" checkmark on their Clover Account, you should understand that Clover does not verify any other information about that User. You acknowledge that Clover does not routinely screen its Users, inquire into the background of its Users, attempt to verify information provided by its Users except as provided above or conduct criminal screenings of its Users so please proceed with caution.
Clover does not make any representations, warranties or guarantees as to the conduct of its Users, information provided by Users, or their compatibility with you. You alone are responsible for your involvement with other Users. You agree that Clover will not be responsible for any losses or damages incurred as the result of any such interactions with other Users.
Clover reserves the right, but has no obligation, to monitor disagreements between you and other Users. Please take all necessary precautions when meeting other Users, especially if you decide to meet in person. We have created Safety Tips that you may find helpful and we suggest that you review these before you start using the Clover Services. You agree to treat all other Users with dignity and respect and comply with these Terms especially the User Conduct rules set forth in Section 3 G.
No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Clover Services and you will not transmit any chain letters, junk or spam email or communications to other Users.
Additionally, you will not use any information obtained from the Clover Services in order to contact, advertise to, solicit or sell products or services to any User without their prior explicit consent. Clover is not responsible or liable in any manner for the conduct of its Users, whether or not such conduct is in connection with the use of the Clover Services.
You acknowledge that you use the Clover Services entirely at your own risk. In order to keep use of the Clover Services fun and safe, you agree not to do any of the following in connection with the Clover Services or the Users thereof: If you wish to report any violation of these Terms by others, including Users, you may do so by using the report button "Report" located in the Clover Services.
You may click on the Report button located in the drop down menu on a User's profile in order to flag Users that are in violation. While we will make reasonable efforts to review Clover Accounts that are flagged in a timely manner, we are under no obligation to remove the flagged Clover Account and in no way represent that we will remove or otherwise address flagged Clover Accounts. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Clover through the Clover Services or to other Users collectively referred to as "post" , including without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through text, messages, photos and profile information your submissions and posts as well as those of other Users, collectively, are "User Content".
Clover does not control, take responsibility for or assume liability for any User Content posted by you, other Users or any third party, or for any loss or damage thereto, nor is Clover liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you encounter.
You will not post any inaccurate, misleading, incomplete or false information or User Content to the Clover Services or to any other User through the Clover Services. You agree that all images posted to your Clover Account are of you. You may be required to supply certain information and post a photo of yourself to use the Clover Services. No Duty to Review User Content. Although you understand and acknowledge that Clover has no duty to prescreen, review, control, monitor or edit the User Content posted by Users and is not liable for User Content that is provided by others, you agree that Clover may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice.
You are solely responsible for creating backup copies and replacing any User Content that you post or store on the Clover Services at your sole cost and expense.
This includes Clover's right to modify or crop any photos you post to comply with Clover's policies, practices and procedures.
License of User Content to Clover Clover claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Clover Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Clover, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium.
You represent and warrant that the User Content and the public posting and use of your User Content by Clover will not infringe or violate any third-party rights, including without limitation, any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate these Terms.
You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content including but not limited to any content you submit to Clover to feature to use such person's name or likeness in the manner contemplated by the Clover Services and these Terms, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release Clover, directors, officers, shareholders, employees, contractors and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use by Clover of your User Content.
You also grant Clover the right to choose Clover Accounts to feature on the Clover Services for enhanced visibility at no extra cost, in the sole discretion of Clover. Use of Proprietary Information of Others You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trade-marked or other proprietary information or materials, including any User Content posted by other Users, without the prior consent of the owner of such proprietary rights.
You acknowledge that information or materials available through the Clover Services may have copyright protection whether or not it is identified as being copyrighted.
Communications We may provide notices to you in any of the following ways. First, we may email you at the email address that you provided when you created your Clover Account. Second, we may present the notice on the Clover Services. When we post notices on the Clover Services, we post them in the area of the Clover Services suitable to the notice. It is your responsibility to periodically review the Clover Services for notices.
You hereby grant to Clover a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any User Submission communicated to Clover by you through the Clover Services including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein and to incorporate any User Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you.
In addition, you irrevocably waive all of your moral rights as author in respect of such User Submission, however arising. Clover will not be required to treat any User Submission as confidential, and may use any User Submission in its business including without limitation, for products or advertising without incurring any liability for royalties or making any other consideration available to you of any kind, and Clover will not incur any liability as a result of any similarities that may appear in future Clover operations.
For greater clarity, Clover also reserves the right, in its sole discretion, to refuse to post any User Submission that it receives from you. Prohibited Content You will not post, transmit or deliver to any other User, either directly or indirectly, any User Content that violates any third-party rights or any applicable Canadian or international law, rule or regulation or is prohibited under these Terms or any other Clover policy governing your use of the Clover Services "Prohibited Content".
Prohibited Content includes without limitation User Content that: The information obtained by Clover varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age or birthday, language, location, country, interests, contacts list, friends lists or followers and other information.
If there is information about your "friends" or other persons you are associated with in your Social Networking Site account, the information that we obtain about those persons may also depend on the privacy settings such persons have activated with the applicable Social Networking Site. You acknowledge and agree that Clover is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites including any settings related to any messages or advertisements about Clover that the Social Networking Site may send to you or your friends.
You understand and agree that if you post any User Content, information or material of a personal or private nature in your profile or in any private or public areas of the Clover Services or post or provide to Clover any information or content which is intended to be shared with other Users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights of Clover. You are granted a limited, non-sublicensable license to access and use the Clover Services and Proprietary Materials, subject to these Terms. You agree that you will not: Any use of the Clover Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of Clover, is strictly prohibited and will violate and terminate the license granted herein.
Such unauthorized use may also violate applicable Canadian or international laws, including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Clover reserves all rights not expressly granted herein in the Clover Services and the Proprietary Materials.