When using CleverArium Services, you agree to these Conditions of Use. Please read them carefully.

This Conditions of Use describes how CleverArium, LLC and its affiliates (collectively “CleverArium Services”) offer a range of CleverArium Services, and sometimes additional terms may apply. When you use an CleverArium Service you also will be subject to the guidelines, terms and agreements applicable to that CleverArium Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our CleverArium Privacy Notice which also governs your use of CleverArium Services, to understand our practices.  Our Privacy Notice may be found on our website at CleverArium.com/PrivacyNotice.

ELECTRONIC COMMUNICATIONS

When you use CleverArium Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other CleverArium Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any CleverArium Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CleverArium or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CleverArium Service is the exclusive property of CleverArium and protected by U.S. and international copyright laws.

COPYRIGHT

All content included in or made available through any CleverArium Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CleverArium or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CleverArium Service is the exclusive property of CleverArium and protected by U.S. and international copyright laws.

TRADEMARKS

 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CleverArium Service are trademarks or trade dress of CleverArium in the U.S. and other countries. CleverArium’s trademarks and trade dress may not be used in connection with any product or service that is not CleverArium’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CleverArium. All other trademarks not owned by CleverArium that appear in any CleverArium Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CleverArium.

PATENTS

One or more patents owned by CleverArium apply to the CleverArium Services and to the features and services accessible via the CleverArium Services. Portions of the CleverArium Services operate under license of one or more patents. Please contact CleverArium by email at Contact@CleverArium.com for a current, non-exhaustive list of applicable CleverArium patents and applicable licensed patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, CleverArium or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the CleverArium Services. This license does not include any resale or commercial use of any CleverArium Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any CleverArium Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by CleverArium or its licensors, suppliers, publishers, rightsholders, or other content providers. No CleverArium Service, nor any part of any CleverArium Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CleverArium. 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 CleverArium without express written consent. You may not use any meta tags or any other “hidden text” utilizing CleverArium’s name or trademarks without the express written consent of CleverArium. You may not misuse the CleverArium Services. You may use the CleverArium Services only as permitted by law. The licenses granted by CleverArium terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own CleverArium account to use certain CleverArium Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. CleverArium does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the CleverArium Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their CleverArium Household. CleverArium reserves the right to refuse service, terminate accounts, terminate your rights to use CleverArium Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Should CleverArium make available a public forum, you may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CleverArium reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant CleverArium a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CleverArium and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CleverArium for all claims resulting from content you supply. CleverArium has the right but not the obligation to monitor and edit or remove any activity or content. CleverArium takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

CleverArium respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at Contact@CleverArium.com.

RISK OF LOSS

All purchases of physical items from CleverArium are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

CleverArium does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, CleverArium does not take title to the refunded item.

PRODUCT DESCRIPTIONS

CleverArium attempts to be as accurate as possible. However, CleverArium does not warrant that product descriptions or other content of any CleverArium Service is accurate, complete, reliable, current, or error-free. If a product offered by CleverArium itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by CleverArium, a supplier, or seller. We regularly check List Prices for accuracy. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on CleverArium.

With respect to items sold by CleverArium, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by CleverArium is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by CleverArium, such as the CleverArium Game App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any CleverArium Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using CleverArium Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including CleverArium Software), technology, and services.

OTHER BUSINESSES

Parties other than CleverArium may operate stores, provide services or software, or sell product lines through the CleverArium Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from CleverArium. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). CleverArium does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE CLEVERARIUM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CLEVERARIUM SERVICES ARE PROVIDED BY CLEVERARIUM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CLEVERARIUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CLEVERARIUM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CLEVERARIUM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CLEVERARIUM SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, CLEVERARIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLEVERARIUM DOES NOT WARRANT THAT THE CLEVERARIUM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CLEVERARIUM SERVICES, CLEVERARIUM’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CLEVERARIUM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CLEVERARIUM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CLEVERARIUM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CLEVERARIUM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any CleverArium Service, or to any products or services sold or distributed by CleverArium or through CleverArium.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to CleverArium, LLC, 108 Wild Basin Rd., Ste. 250, Austin, TX 78746. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, CleverArium will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone or online video session, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any CleverArium Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CleverArium.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review any other policies we may have posted on this site. These policies may also govern your use of CleverArium Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

CleverArium, LLC

108 Wild Basin Rd.

Suite 250

Austin, TX 78746

https://www.CleverArium.com

ADDITIONAL CLEVERARIUM SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with CleverArium Services (the “CleverArium Software”).

  1. Use of the CleverArium Software.You may use CleverArium Software solely for purposes of enabling you to use the CleverArium Services as provided by CleverArium, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the CleverArium Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the CleverArium Software in whole or in part. All software used in any CleverArium Service is the property of CleverArium or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third Party Services.When you use the CleverArium Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the CleverArium Software, whether in whole or in part.
  4. We may offer automatic or manual updates to the CleverArium Software at any time and without notice to you.
  5. Government End Users.If you are a U.S. Government end user, we are licensing the CleverArium Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the CleverArium Software are the same as the rights we grant to all others under these Conditions of Use.
  6. In the event of any conflict between these Conditions of Use and any other CleverArium or third-party terms applicable to any portion of CleverArium Software, such as open-source license terms, such other terms will control as to that portion of the CleverArium Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

CleverArium accepts service of subpoenas or other legal process by sending them to Our Address, herein,  Attn: Legal Department – Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for CleverArium devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights (copyright, trademark or patent claims) have been infringed upon by CleverArium, LLC, please submit your complaint in writing.

We respond quickly to the concerns of rights owners may have about any alleged infringement, and we terminate infringements in appropriate circumstances.

You may submit written claims of copyright infringement to CleverArium, LLC at Our Address, herein.

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the CleverArium website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or someone authorized to act on the copyright owner’s behalf.

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