Please read these Terms of Use carefully before using this website.
Updated: 23 May 2018
Welcome to the Clever Chameleon website. The following Terms of Use, in conjunction with our Privacy Policy and Disclosure Statement, are a binding agreement between you and Clever Chameleon. Please make sure you read them thoroughly.
Definitions
We use some definitions to make these Terms of Use easier to read.
When we say “we,”or “our” we mean the registered Australian company, Clever Chameleon and its owner, Dione Gardner-Stephen (Australian Business Number 49 508 695 241). Clever Chameleon is also variously referred to on the website as Clever Chameleon Quilting, which will also be taken to refer to the same registered Australian company; Clever Chameleon.
When we say “website,” we mean the internet domain www.cleverchameleon.com.au and all subdomains of that website.
When we say “you” or “your”, we mean you, the user.
When we say “your content,” we mean any text, sound, photos, videos, illustrations, location data, or other material which you post, upload, or otherwise share on the site.
Similarly, when we say “Clever Chameleon content,” or “our content” we mean the copyrightable text, sound, graphics, photos, patterns, documents, files and other material produced and owned by Dione Gardner-Stephen and Clever Chameleon.
Refusing these Terms of Use
If you do not agree to the Terms of Use described herein, you may not use the Clever Chameleon website and must leave and close this website immediately.
Changes to the Terms of Use
We review and update these Terms of Use periodically. We reserve the right to change, modify, add or remove portions of these terms at any time without prior notice. Please check these terms regularly prior to using our website to ensure you are aware of any changes.
If we make material changes to these Terms of Use, we will let you know through notices posted on the website and in the next blog post notification email. If you do not agree to any of the changes, you must cease using the website immediately. If you continue to use the website after changes to these terms have been posted, the revised Terms of Use apply to you.
Changes to the Clever Chameleon website
We may at any time decide to alter, amend, modify, or terminate the Clever Chameleon website, any functionality or portion of it, at our sole discretion. You accept that there is no guarantee that the website or any portion or functionality of it will continue to operate or be available during any particular period of time.
Clever Chameleon does not warrant or represent that the content on this website is complete or up-to-date. While we continually strive for excellence, we are under no obligation to update any content on the website within any timeframe.
Limitation of Liability
The content of the pages of the website and information available on the website is for your general information and use only. It is subject to change without notice.
It is a non-negotiable pre-condition of using this website that you agree and accept that Dione Gardner-Stephen and Clever Chameleon are not legally responsible for any loss or damage you might suffer related to your use of this website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
We strive to prevent interruptions to the availability of Clever Chameleon. However, the website is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the website will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the website at your own discretion and risk.
To the extent permitted by applicable law, under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (i) the use or the inability to use the site; (ii) the cost of procurement of substitute goods and services; (iii) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages.
Clever Chameleon provides relevant links to other sites and third-party material in good faith. We have no power or discretion to alter, update, or control the content on a linked site. The fact that we have provided a link to a site is not an endorsement, authorisation, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on any third-party site.
Clever Chameleon does not endorse and is not responsible for (i) the accuracy or reliability of an opinion, advice or statement made through the website by any party, (ii) any content provided on linked sites or (iii) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under Australian consumer protection law, under no circumstance will Clever Chameleon be liable for any loss or damage caused by your reliance on information obtained through the website or a linked site, or your reliance on any product or service obtained from a linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the website, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
If you choose to visit the Clever Chameleon website, you agree that your use of the website and any dispute arising out of such use of the website is subject to the laws of the State of South Australia, Australia and applicable Australian Federal Law without regard to conflicts of laws principles. You also agree that you will first attempt to resolve any concern or issue with Clever Chameleon or with the use of this website by communicating fully your concern with Clever Chameleon. Should communication with Clever Chameleon not resolve your concern or issue to the extent that you wish to seek legal ruling, you agree to submit your concern or issue to the courts of the State of South Australia, Australia within one year of the dispute arising.
The total aggregate liability of Clever Chameleon arising from or related to your use of the Clever Chameleon website, from all theories of liability and all causes of action, shall in no case exceed the total amount of revenue actually received by Clever Chameleon from you in the 6 months preceding your claim.
Indemnification
You agree to indemnify, defend, and hold harmless Clever Chameleon, its officers, directors, employees, members, partners, sponsors, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of these terms. We may, at our sole discretion, assume the exclusive defence and control of any matter subject to indemnification by you. The assumption of such defence or control by Clever Chameleon, however, does not excuse any of your indemnity obligations.
You shall also indemnify and hold harmless Clever Chameleon against any third party claim arising from or related to your use of Clever Chameleon’s services.
Clever Chameleon may contract with other companies or individuals in order to provide you services. You agree that the Clever Chameleon cannot be held liable for any actions or inactions of any contractor used by Clever Chameleon in connection with providing you services.
Copyright and intellectual property
Clever Chameleon deals with copyright infringement in accordance with the Copyright Law of Australia.
You retain ownership of any content you share on this website. However, by posting, uploading, or sharing your content, you (i) represent that you have authority to use your content in the manner contemplated by the service and these terms and (ii) you grant us a non-exclusive, perpetual, royalty-free, worldwide license to display, feature and link to your content for the purposes explicitly described at the point of upload/sharing. This includes, but is not limited to material shared on Tuesday Colour Party link ups via the Inlinkz tool.
In addition, the website provides features that allow you to promote your content to others. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it. Consider carefully what you choose to share; we take no responsibility for third party activity resulting from your choice to share your content.
You may not upload any content to the website that belongs to a third party unless you have the legal right to do so. If you believe that any such content belonging to you has been posted on the website without your permission, you agree to inform Clever Chameleon of all relevant details immediately so the offending material can be assessed. If found to be in breach of copyright, the offending material will be removed. Clever Chameleon does not knowingly or intentionally breach copyright law.
All Clever Chameleon content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by Australian and international laws. Unauthorised use of Clever Chameleon content may give rise to a claim for damages and/or be a criminal offence.
You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Clever Chameleon content available on or through the website for commercial or public purposes without express written permission. Nor may you transmit or store Clever Chameleon content in any other website or other form of electronic retrieval system. The following exceptions apply:
- when writing about something you’ve seen on our website, you may use one image with attribution and a permalink back to the original source. If in doubt, contact Clever Chameleon for clarification of how you may use a particular piece of Clever Chameleon content.
- you may print, or download to local storage, the downloadable pdf files expressly supplied on the website for your personal and non-commercial use. However, you may not republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website without express written permission, regardless of whether you paid for the content or it was supplied free of charge.
- you may share Clever Chameleon content to Pinterest and social media if, and only if, the material is correctly attributed to Dione Gardner-Stephen and hyperlinked to the original source at the Clever Chameleon website.
You may not, under any circumstances, remove any Clever Chameleon branding or source identifier from any resource or material you obtain from our website.
The Marks (trademarks, logos and service marks) displayed on the website are the property of Clever Chameleon and/or other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Clever Chameleon or such third party which may own the Marks.
Privacy Policy
At Clever Chameleon we have always been, and will always remain, committed to security and your right to privacy. Our detailed Privacy Policy can be found here.
Permitted Users
The Clever Chameleon website is designed for use by adults and young people over the age of sixteen. If we learn that we have collected personal information from a child under the age of sixteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of sixteen, you must contact us immediately. When you use the website, you represent that you are sixteen or older, have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms and conditions.
Rules Governing your interaction with the Clever Chameleon website
The Clever Chameleon website is designed to provide a community for interaction and sharing around the subject of designing and making quilts and similar crafts. To ensure the Clever Chameleon website environment remains positive and constructive, there are rules which you must adhere to when using the website.
You agree not to do any of the following:
- Threaten other users with violence.
- Use hateful, abusive, harassing, libellous, or obscene language towards other users.
- Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
- Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
- Post spam or offensive material in any location, including comments.
- Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
- Use the site to distribute viruses or other harmful, disruptive, or destructive files;
- Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
- Attempt to obtain unauthorized access to the site;
- Impersonate another person;
- Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
- Systematically harvest data from the site.
You agree that you are responsible for your actions on the site and for any communications under your identity. You also agree that you will comply with all applicable laws in your use of the site.
If it appears you have violated any of these rules, we may, at our sole discretion, remove any offending material and block your further interaction with the website.
Security Obligations
If you own an account on the Clever Chameleon website, it is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Clever Chameleon of any unauthorised uses of your user name and password or any other breaches of security. Clever Chameleon will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
Application of these Terms and Conditions
These Terms and Conditions and other referenced material are the entire agreement between you and Clever Chameleon with respect to the website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Clever Chameleon with respect to the website and govern the future relationship regarding your use of the website.
You may choose to enter into a contract or proposal with Clever Chameleon as a result of your use of this website. If so, the terms of that contract or proposal, to the extent they differ from these Terms and Conditions, will be controlling.
If any provision of theTerms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that theTerms of Use will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
These Terms of Use are governed by South Australian Law and Australian Federal Law without regard to conflicts of laws principles. Any claim arising out of your use of the website must be brought in the courts located within the State of South Australia, Australia. You herby submit to the personal and exclusive jurisdiction of those courts.
There are no third-party beneficiaries to these Terms of Use.