Terms of Service

 

 

Last Revised: March 15, 2016


The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a casual visitor or a registered user (“User”, “you”, or “your”) and Cloverletter LLC and its affiliates, successors and assigns (“Cloverletter”, “us”, “our” or ‘we”), the owner and operator of the www.cloverletter.com website (the “Site”) and all content and features contained therein, as well as the Cloverletter daily newsletter or email notifications or any related services provided by us (collectively, the “Services”), regarding your use of the Site and/or Services. BY ACCESSING THE SITE, UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE” (OR SOMETHING SIMILAR), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY [http://www.cloverletter.com/terms-services].
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.


Modifications


Cloverletter may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Cloverletter in our sole discretion. Cloverletter reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Cloverletter is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Cloverletter may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last revised’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Site and Services.Cloverletter reserves the right, in its sole discretion, to modify, change, or discontinue all or any aspect of this Site or the Services at any time, to you or Users generally, or create usage limits for the Site or Services. We may permanently or temporarily terminate or suspend your access to the Site or Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.


Eligibility; Registration


This Agreement is a contract between you and Cloverletter. This Site and the Services are available only to Users who can form legally binding contracts. If you do not agree to any of the terms set forth in this Agreement, you may not use our Site or Services. Any use of or access to the Site or Services by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18, you may use the Site and Services only with the permission of your parent or other legal guardian. The Site and Services are not available to any Users previously removed from the Site or Services by Cloverletter.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
You may be asked to register in order to use the Services, including Cloverletter’s daily newsletter. You agree to provide accurate, current and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. You are solely responsible for the confidentiality and use of any information you provide, and for any use, misuse, or communications entered through the Site or the Services using such information. Cloverletter will not be liable for any loss or damage caused by any unauthorized use of your registration information.


Acceptable Use Policy


By accessing or using the Site or a Service, you agree that you will comply at all times with our Acceptable Use Policy [http://www.cloverletter.com/terms-services].


Intellectual Property

The content on this Site and the Services, including without limitation the text (such as the articles found in our daily newsletter), software, scripts, source code, APIs, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Cloverletter Content”), are owned by Cloverletter or its licensors, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws.
Cloverletter Content is provided to you “as is”, “as available” and “with all faults” for your informational and personal, non-commercial use only. Cloverletter Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the prior written consent of Cloverletter. Cloverletter reserves all rights not expressly granted in and to Cloverletter Content, this Site and the Services; this Agreement does not transfer ownership of any of these rights, and, except as expressly set forth herein, this Agreement does not grant any right or license under any copyright, trademark, patent, or other proprietary right or license.
If you violate any part of this Agreement, your permission to access or use Cloverletter Content and the Site or the Services automatically terminates and you must immediately destroy any copies you have made of Cloverletter Content.
The trademarks, service marks, and logos of Cloverletter (“Cloverletter Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Cloverletter. Other company, product, and service names located on the Site or any Beta Features may be trademarks or service marks owned by others (the “Third-Party Trademarks,; collectively with Cloverletter Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless the link is approved in advance by Cloverletter in writing. All goodwill generated from the use of Cloverletter Trademarks inures to Cloverletter’s benefit.
Elements of the Site and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including the use of framing or mirrors. You must not use Cloverletter Content in any manner that may constitute an infringement of our rights or that has not been authorized by us.
You may choose to or we may invite you to submit comments or ideas about the Site or Services, including without limitation about how to improve the Site or Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Cloverletter under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Cloverletter does not waive any rights to use similar or related ideas previously known to Cloverletter, or developed by its employees, or obtained from sources other than you.


User Content


Some of the features of the Site or the Services may allow Users to view, post, publish or share their ideas, opinions, preferences or feedback relating to Cloverletter’s articles or current events (“On-Site User Content”). We may also make available interactive services through third-party websites and third-party social media platforms (“Third Party Platforms”) pursuant to which Users can post associated content (“Off-Site User Content”; collectively with On-Site User Content, “User Content”). By posting or publishing User Content to the Site or to the Services, or to Third Party Platforms, you represent and warrant to Cloverletter that (i) you have all necessary rights to distribute User Content; and (ii) you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.


Cloverletter has no obligation to treat your User Content as confidential or to develop or use your User Content. No compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that Cloverletter may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken or will take some other action.


If you post or publish your User Content to this Site or to Third Party Platforms you authorize Cloverletter to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site, the Services, the applicable Third Party Platforms, and this Agreement. Accordingly, you hereby grant Cloverletter a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services, the applicable Third Party Platforms and Cloverletter’s business, including promoting and redistributing all or part of this Site or Services in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.


In connection with your User Content, you affirm, represent and warrant the following:

• You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Site or Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

• You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.

• Your User Content and Cloverletter’s use thereof as contemplated by this Agreement and the Site or Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights.

• Cloverletter may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

• To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

Cloverletter takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Site or Services. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Site or Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Cloverletter shall not be liable for any damages you allege to incur as a result of or relating to any User Content.


Our Monitoring of User Content


Cloverletter reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. Cloverletter may remove any item of User Content (in the case of Off-Site User Content, remove any repost or publication of such Off-Site User Content from a Third Party Platform or the Site) and terminate a User’s access to this Site or the Services for violating this Agreement (as determined by Cloverletter in its sole and absolute discretion), at any time and without prior notice. If Cloverletter terminates your access to this Site or the Services, Cloverletter may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Copyright Infringement


Since we respect artist and content owner rights, it is Cloverletter’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site or Services, please notify Cloverletter’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Site or Services;
  4. Information reasonably sufficient to permit Cloverletter to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Cloverletter, LLC
Address: [P.O. Box 220398 Brooklyn, NY 11222]
Tel.: [615-481-9695]
Fax: [573-639-2187]
Email: [founders@cloverletter.com]


Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.


Please note that this procedure is exclusively for notifying Cloverletter and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Cloverletter’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Cloverletter has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Cloverletter may also at its sole discretion limit access to the Site or Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


Privacy and Security


We care about the privacy of our Users. You understand that by using the Site or Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy [http://www.cloverletter.com/terms-services], and to have your personally identifiable information collected, used, transferred to and processed in the United States.
Cloverletter cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.


Links to Third-Party Websites


This Site and the Services may contain links to third-party websites or other internet-based services that are not owned or controlled by Cloverletter. These links are provided solely as a convenience to you and do not constitute an endorsement by Cloverletter of the content on such websites or services nor of the business practices of those operating those websites or services. Cloverletter has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites or services. By using this Site or the Services, you expressly release Cloverletter from any and all liability arising from your use of any third-party website or services. Accordingly, Cloverletter encourages you to be aware when you leave this Site or the Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit or services you may use.


Indemnity


To the maximum extent permitted by law, you agree to indemnify and hold harmless Cloverletter, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to: (i) your use of and access to the Site or Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site or Services with your unique username, password or other appropriate security code. Cloverletter reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.


Disclaimer of Warranties and Limitation of Liability


Your access to and use of the Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site, in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and Services.


THE SITE AND SERVICES ARE AVAILABLE “AS IS.” CLOVERLETTER DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE OR SERVICES. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR SERVICES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR SERVICES; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN ANY BETA FEATURES, THE SITE OR SERVICES OR AVAILABLE THROUGH LINKS IN THE SITE OR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE OR SERVICES DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SITE OR SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
CLOVERLETTER, ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, IN ANY WAY RELATED TO THE SITE OR SERVICES OR FOR ANY CLAIM, LOSS, OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, OR OTHER INACCURACIES IN THE SITE OR SERVICES (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM PROVIDED IN THESE TERMS). ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE OR SERVICES.
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


Binding Arbitration


Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of New York, in the State of New York, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of this Agreement, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services (“JAMS”) then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in New York County, in the State of New York. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in New York, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by JAMS in New York. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in New York with knowledge of Internet commerce in New York State shall be selected by JAMS to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.


Class Action Waiver


You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT ANY CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY, UNLESS AGREED TO BY CLOVERLETTER AT ITS SOLE DISCRETION.


Miscellaneous


Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cloverletter without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. This section and the sections entitled Intellectual Property, Indemnity, Disclaimer of Warranties and Limitation of Liability, Binding Arbitration and Class Action Waiver shall survive the termination of this Agreement. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement contains the entire agreement of the parties concerning the subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.


Contact Information


If you have any questions about this Agreement, please contact us via email at founders@cloverletter.com or regular mail at the following address:
[P.O. Box 220398 Brooklyn, NY 11222]
Copyright © 2016 Cloverletter LLC. All Rights Reserved.


CLOVER LETTER
PRIVACY POLICY
Last Revised: March 15, 2016
Cloverletter, LLC (“Cloverletter” “we” or “us”) is the owner and operator of the Site and the provider of the Services. Cloverletter respects your privacy, and we created this privacy policy (the “Privacy Policy”) to explain how we collect, use and disclose your information when you access the Site and use the Services. The Privacy Policy is only applicable to our Site and our Services and not to any other website, service or online platform. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Service [http://www.cloverletter.com/terms-services].

 

Types of Information Collected

 

Personal Information


Cloverletter may ask you for some or all of the following types of information which may be identifiable to you when you register for our services, access various content or features, or directly contact the site: (i) contact information, such as your email address and name; (ii) your age; and (iii) information for the purpose of authenticating yourself or your account if we have reason to believe, in our sole discretion, that you may be violating site policies or for any other reason we deem necessary (collectively “Personal Information”). You are responsible for ensuring the accuracy of all Personal Information you submit to Cloverletter.
We also collect and store the Personal Information you voluntarily submit to us through registering with us or uploading or posting User Content through the Site or Services. If you are signed into your Tumblr, Twitter or Facebook account and you “like” or “comment” on Cloverletter Content (such as the articles found on our blog) or other User Content, your Tumblr, Twitter or Facebook username will be displayed and so available to the public. You agree that your username, likes, feedback, and any associated comments may become public information; we therefore urge you to exercise caution when deciding to disclose any Personal Information on the Site or through the Services.
In addition, if you choose to purchase or subscribe to a feature or service of Cloverletter that requires a fee, you will be required to provide us with your billing information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Billing Information”).

 

Non-Personal Information


We and our third party partners may automatically collect certain types of usage information when you visit our website or use our Site or Services. For instance, when you visit our websites, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Site or Services (e.g., the pages you view, the links you click, how frequently you access the Site or Services, and other actions you take on the Site or Services), and allow us to track your usage of the Site or Services over time. We may collect log file information about your browser or mobile device each time you access the Site or Services. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Site or Services, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Site and Services. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Site and Services. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Site and Services. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time.


When you access our Site or Services by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (ii) provide custom, personalized content and information, including advertising; (iii) provide and monitor the effectiveness of our Site or Services; (iv) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Site or Services; (v) diagnose or fix technology problems; and (vi) otherwise to plan for and enhance our Site and Services.
We may permit third party ad networks, social media companies, and other third party services to collect information about browsing behavior from visitors to our Site or Services through cookies, social plug-ins, or other tracking technology. We may permit third party online advertising networks to collect information about your use of our websites over time so that they may play or display ads that may be relevant to your interests on our Site or Services as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). Depending on your mobile device, you may not be able to control tracking technologies through settings.


Our Use of Your Information

Our primary purpose in collecting information, both Personal Information and other, is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your information to: provide the services and customer support you request; troubleshoot problems and prevent potentially prohibited or illegal activities; customize, measure and improve our Site, our Services, content and advertising; tell you about and administer our Site and Services, targeted marketing, service updates, contests, sweepstakes, rewards, and promotional offers based on your communication preferences; monitor and enforce our Terms of Service [http://www.cloverletter.com/terms-services]; communicate with Users about products and/or services you may be interested in; verify your eligibility to use the Site or Services.

 

Our Disclosure of Your Information

Cloverletter is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you. We may disclose Personal Information, Billing Information and Non-Personal Information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also use and/or share your Personal Information, Billing Information and Non-Personal Information (collectively, “Information”) with, and you authorize us to use and/or share this information with:

• Service providers under contract who help with our business operations. We employ these companies and people to perform tasks on our behalf and need to share your information with them to provide products and services to you.
• We will share your Billing Information with a third party service provider as necessary to process your payments. The third party service provider stores your Billing Information; we do not store this information. Storage by the third party service provider of your Billing Information is subject to the privacy policies and practices of the third party service provider and is not subject to the terms of this privacy policy. By providing your Billing Information, you acknowledge and agree to use of such information by the third party service provider for purposes of processing your payment to us.
• Certain of Cloverletter’s program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
• Our affiliates and promotional partners, so they can offer you special products, services, discounts, tickets, and other items or services. Likewise, we may receive information from such affiliates and promotional partners to offer our Users special items or services.
• We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.
• We may sell or rent your information to third parties for marketing purposes without your explicit consent.
• As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.


In an ongoing effort to better understand our Users, we may analyze certain Non-Personal Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Site, the Services and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners and other third parties. We may also disclose aggregated user statistics in order to describe the Site and Services and these products and services to current and prospective business partners and to other third parties for other lawful purposes.


We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
We may also aggregate or otherwise strip Information of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference or by following the directions provided with the communication or advertisement. No Spam or Spyware. We do not tolerate spam. Spamming is explicitly prohibited it by our Terms of Service [http://www.cloverletter.com/terms-services]. If you would like to report an incident of spamming or other unauthorized communications from other Users, please contact us at founders@cloverletter.com. We maintain the right to investigate such incidents and take suitable action.

 

Account Protection


We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Nevertheless, no transmission over the Internet and no data storage method can be guaranteed to be safe all of the time. Cloverletter cannot ensure or warrant the security of any information you transmit to Cloverletter or guarantee that your end user data stored on the Site and Services may not be accessed, disclosed, altered, or destroyed by breach of any of our industry standard physical, technical, or managerial safeguards. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
The Site and Services are hosted on servers in the United States. Accordingly, if you are located outside of the United States, any information you provide to us will be transferred to the United States. By providing us with any information, you consent to its transfer and storage in the United States.

 

Email Communications


We may use your email to deliver Cloverletter’s daily newsletter, as well as for other promotional (e.g., new product offerings, special offers by us or other third parties) purposes. Email messages we send you may contain code that enables our database to track your usage of the emails we send you, such usage includes whether the email was opened and what links (if any) were clicked. If you send an email to us, or fill out our “Feedback” form, we will collect your email address and the full content of your email, including attached files, and other information you provide.
You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at founders@cloverletter.com You acknowledge that it may take up to ten (10) days for us to process an opt-out request. Please note, however, that you cannot opt out of receiving transactional e-mails related to your account with us.

 

Third Parties


Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others Users on our Site and Services or on other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We are not responsible for any information we do not collect. We encourage you to ask questions before you disclose your Personal Information to others.

 

Children


Protecting the privacy of young children is especially important to us. For that reason, Cloverletter does not knowingly collect or solicit Personal Information from anyone under the age of 13. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Site and Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

 

California Residents


California Civil Code Section 1798.83 permits residents of the State of California to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please email us at founders@cloverletter.com or write us at: P.O. Box 220398 Brooklyn, NY 11222.


In addition, Cloverletter does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.


Changes to this Privacy Policy


We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy. Any such changes to this Privacy Policy will be posted here on our Site and Services so we urge to please visit this page frequently. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected. Please refer back to this Privacy Policy on a regular basis.

 

How to Contact Us


If you have questions about this Privacy Policy, please contact Cloverletter via e-mail at founders@cloverletter.com with “Privacy Policy” in the subject line.
Copyright © 2016 Cloverletter, LLC. All Rights Reserved.

 

Clover Letter
ACCEPTABLE USE POLICY

Last Modified: March 15, 2016

  1. Technical Restrictions
    You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site or Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or Services in a manner that sends more request messages to the Cloverletter servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Cloverletter grants the operators of public search engines revocable permission to use spiders to copy publically available materials from Cloverletter.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site or Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site or Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site or Services; (viii) using the Site or Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site or Services; (xi) accessing any content on the Site or Services through any technology or means other than those provided or authorized by the Site or Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Site or Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Services or the content therein.
    Accessing any audiovisual content that may be available on the Site or Services for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Site or Services. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site or Services to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
  2. User Content Restrictions
    You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Cloverletter reserves the right, but is not obligated, to reject and/or remove any User Content that Cloverletter believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Site or Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.