Terms of Use
- Hi, and thanks for visiting Cardmaker App’s Terms of Use.
- Basic Terms
- 1. You must be at least 13 years old to use the Service.
- 2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing,
hateful, pornographic or sexually suggestive photos or other content via the Service.
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3. You are responsible for any activity that occurs through your account and you agree you
will not sell, transfer, license or assign your account, followers, username, or any account
rights. With the exception of people or businesses that are expressly authorized to create
accounts on behalf of their employers or clients, Cardmaker App prohibits the creation of and
you agree that you will not create an account for anyone other than yourself. You also
represent that all information you provide or provided to Cardmaker App upon registration and at
all other times will be true, accurate, current and complete and you agree to update your
information as necessary to maintain its truth and accuracy.
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4. You agree that you will not solicit, collect or use the login credentials of other
Cardmaker App users.
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5. You are responsible for keeping your password secret and secure.
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6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate
people or entities and you must not post private or confidential information via the
Service, including, without limitation, your or any other person's credit card information,
social security or alternate national identity numbers, non-public phone numbers or
non-public email addresses.
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7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply
with all laws, rules and regulations for example, federal, state, local and provincial
applicable to your use of the Service and your Content defined below, including but not
limited to, copyright laws.
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8. You are solely responsible for your conduct and any data, text, files, information,
usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works,
works of authorship, applications, links and other content or materials collectively,
"Content" that you submit, post or display on or via the Service.
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9. You must not change, modify, adapt or alter the Service or change, modify or alter
another website so as to falsely imply that it is associated with the Service or Cardmaker App.
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10. You must not create or submit unwanted email, comments, likes or other forms of
commercial or harassing communications to any Cardmaker App users.
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11. You must not use domain names or web URLs in your username without prior written consent
from Cardmaker App.
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12. You must not interfere or disrupt the Service or servers or networks connected to the
Service, including by transmitting any worms, viruses, spyware, malware or any other code of
a destructive or disruptive nature. You may not inject content or code or otherwise alter or
interfere with the way any Cardmaker App page is rendered or displayed in a user's browser or
device.
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13. You must not create accounts with the Service through unauthorized means, including but
not limited to, by using an automated device, script, bot, spider, crawler or scraper.
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14. You must not attempt to restrict another user from using or enjoying the Service and you
must not encourage or facilitate violations of these Terms of Use or any other Cardmaker App
terms.
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15. Violation of these Terms of Use may, in Cardmaker App's sole discretion, result in
termination of your Cardmaker App account. You understand and agree that Cardmaker App cannot and
will not be responsible for the Content posted on the Service and you use the Service at
your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise
create risk or possible legal exposure for Cardmaker App, we can stop providing all or part of
the Service to you.
- General Conditions
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1. We reserve the right to modify or terminate the Service or your access to the Service for
any reason, without notice, at any time, and without liability to you. You can deactivate
your Cardmaker App account by logging into the Service and completing the deactivation request
form.If we terminate your access to the Service or you use the form detailed above to
deactivate your account, your photos, comments, likes, friendships, and all other data will
no longer be accessible through your account, but those materials and data may persist and
appear within the Service.
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2. Upon termination, all licenses and other rights granted to you in these Terms of Use will
immediately cease.
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3. We reserve the right, in our sole discretion, to change these Terms of Use "Updated
Terms" from time to time. Unless we make a change for legal or administrative reasons, we
will provide reasonable advance notice before the Updated Terms become effective. You agree
that we may notify you of the Updated Terms by posting them on the Service, and that your
use of the Service after the effective date of the Updated Terms or engaging in such other
conduct as we may reasonably specify constitutes your agreement to the Updated Terms.
Therefore, you should review these Terms of Use and any Updated Terms before using the
Service. The Updated Terms will be effective as of the time of posting, or such later date
as may be specified in the Updated Terms, and will apply to your use of the Service from
that point forward. These Terms of Use will govern any disputes arising before the effective
date of the Updated Terms.
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4. We reserve the right to refuse access to the Service to anyone for any reason at any
time.
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5. We reserve the right to force forfeiture of any username for any reason.
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6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or
accounts containing Content that we determine in our sole discretion violates these Terms of
Use.
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7. You are solely responsible for your interaction with other users of the Service, whether
online or offline. You agree that Cardmaker App is not responsible or liable for the conduct of
any user. Cardmaker App reserves the right, but has no obligation, to monitor or become involved
in disputes between you and other users. Exercise common sense and your best judgment when
interacting with others, including when you submit or post Content or any personal or other
information.
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8. There may be links from the Service, or from communications you receive from the Service,
to third-party web sites or features. There may also be links to third-party web sites or
features in images or comments within the Service. The Service also includes third-party
content that we do not control, maintain or endorse. Functionality on the Service may also
permit interactions between the Service and a third-party web site or feature, including
applications that connect the Service or your profile on the Service with a third-party web
site or feature. For example, the Service may include a feature that enables you to share
Content from the Service or your Content with a third party, which may be publicly posted on
that third party's service or application. Using this functionality typically requires you
to login to your account on the third-party service and you do so at your own risk.
Cardmaker App does not control any of these third-party web services or any of their content.
You expressly acknowledge and agree that Cardmaker App is in no way responsible or liable for
any such third-party services or features.
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE
SOLELY BETWEEN YOU AND THE THIRD PARTY.
You may choose, at your sole and absolute discretion and risk, to use applications that
connect the Service or your profile on the Service with a third-party service each, an
"Application" and such Application may interact with, connect to or gather and/or pull
information from and to your Service profile. By using such Applications, you acknowledge
and agree to the following: if you use an Application to share information, you are
consenting to information about your profile on the Service being shared; your use of an
Application may cause personally identifying information to be publicly disclosed and/or
associated with you, even if Cardmaker App has not itself provided such information; and your
use of an Application is at your own option and risk, and you will hold the Cardmaker App
Parties defined below harmless for activity related to the Application.
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9. You agree that you are responsible for all data charges you incur through use of the
Service.
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10. We prohibit crawling, scraping, caching or otherwise accessing any content on the
Service via automated means, including but not limited to, user profiles and photos except
as may be the result of standard search engine protocols or technologies used by a search
engine with Cardmaker App's express consent.
- Rights
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1. Cardmaker App does not claim ownership of any Content that you post on or through the
Service. Instead, you hereby grant to Cardmaker App a non-exclusive, fully paid and
royalty-free,
transferable, sub-licensable, worldwide license to use the Content that you post on or
through
the Service, subject to the Service's Privacy Policy, available here
http://treethe.world/legal/privacy/, including but not limited to sections 3 "Sharing of
Your Information", 4 "How We Store Your Information", and 5 "Your Choices About Your
Information".
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2. Some of the Service is supported by advertising revenue and may display advertisements
and promotions, and you hereby agree that Cardmaker App may place such advertising and
promotions on the Service or on, about, or in conjunction with your Content. The manner,
mode and extent of such advertising and promotions are subject to change without specific
notice to you.
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3. You acknowledge that we may not always identify paid services, sponsored content, or
commercial communications as such.
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4. You represent and warrant that: i you own the Content posted by you on or through the
Service or otherwise have the right to grant the rights and licenses set forth in these
Terms of Use; ii the posting and use of your Content on or through the Service does not
violate, misappropriate or infringe on the rights of any third party, including, without
limitation, privacy rights, publicity rights, copyrights, trademark and/or other
intellectual property rights; iii you agree to pay for all royalties, fees, and any other
monies owed by reason of Content you post on or through the Service; and iv you have the
legal right and capacity to enter into these Terms of Use in your jurisdiction.
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5. The Service contains content owned or licensed by Cardmaker App "Cardmaker App Content".
Cardmaker App Content is protected by copyright, trademark, patent, trade secret and other laws,
and, as between you and Cardmaker App, Cardmaker App owns and retains all rights in the Cardmaker App
Content and the Service. You will not remove, alter or conceal any copyright, trademark,
service mark or other proprietary rights notices incorporated in or accompanying the
Cardmaker App Content and you will not reproduce, modify, adapt, prepare derivative works based
on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise
exploit the Cardmaker App Content.
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6. The Cardmaker App name and logo are trademarks of Cardmaker App, and may not be copied, imitated
or used, in whole or in part, without the prior written permission of Cardmaker App. In
addition, all page headers, custom graphics, button icons and scripts are service marks,
trademarks and/or trade dress of Cardmaker App, and may not be copied, imitated or used, in
whole or in part, without prior written permission from Cardmaker App.
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7. Although it is Cardmaker App's intention for the Service to be available as much as possible,
there will be occasions when the Service may be interrupted, including, without limitation,
for scheduled maintenance or upgrades, for emergency repairs, or due to failure of
telecommunications links and/or equipment. Also, Cardmaker App reserves the right to remove any
Content from the Service for any reason, without prior notice. Content removed from the
Service may continue to be stored by Cardmaker App, including, without limitation, in order to
comply with certain legal obligations, but may not be retrievable without a valid court
order. Consequently, Cardmaker App encourages you to maintain your own backup of your Content.
In other words, Cardmaker App is not a backup service and you agree that you will not rely on
the Service for the purposes of Content backup or storage. Cardmaker App will not be liable to
you for any modification, suspension, or discontinuation of the Services, or the loss of any
Content. You also acknowledge that the Internet may be subject to breaches of security and
that the submission of Content or other information may not be secure.
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8. You agree that Cardmaker App is not responsible for, and does not endorse, Content posted
within the Service. Cardmaker App does not have any obligation to prescreen, monitor, edit, or
remove any Content. If your Content violates these Terms of Use, you may bear legal
responsibility for that Content.
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9. Except as otherwise described in the Service's Privacy Policy, available at
http://treethe.world/legal/privacy/ as between you and Cardmaker App, any Content will be
non-confidential and non-proprietary and we will not be liable for any use or disclosure of
Content. You acknowledge and agree that your relationship with Cardmaker App is not a
confidential, fiduciary, or other type of special relationship, and that your decision to
submit any Content does not place Cardmaker App in a position that is any different from the
position held by members of the general public, including with regard to your Content. None
of your Content will be subject to any obligation of confidence on the part of Cardmaker App,
and Cardmaker App will not be liable for any use or disclosure of any Content you provide.
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10. It is Cardmaker App's policy not to accept or consider content, information, ideas,
suggestions or other materials other than those we have specifically requested and to which
certain specific terms, conditions and requirements may apply. This is to avoid any
misunderstandings if your ideas are similar to those we have developed or are developing
independently. Accordingly, Cardmaker App does not accept unsolicited materials or ideas, and
takes no responsibility for any materials or ideas so transmitted. If, despite our policy,
you choose to send us content, information, ideas, suggestions, or other materials, you
further agree that Cardmaker App is free to use any such content, information, ideas,
suggestions or other materials, for any purposes whatsoever, including, without limitation,
developing and marketing products and services, without any liability or payment of any kind
to you.
- Reporting Copyright and Other IP Violations
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1. We respect other people's rights, and expect you to do the same.
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2. If you repeatedly infringe other people's intellectual property rights, we will disable
your account when appropriate.
- Disclaimer of Warranties
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THE SERVICE, INCLUDING, WITHOUT LIMITATION, Cardmaker App CONTENT, IS PROVIDED ON AN "AS IS",
"AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
NEITHER Cardmaker App NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR
AGENTS COLLECTIVELY, THE "Cardmaker App PARTIES" MAKE ANY REPRESENTATIONS OR WARRANTIES OR
ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: A THE SERVICE; B THE
Cardmaker App CONTENT; C USER CONTENT; OR D SECURITY ASSOCIATED WITH THE TRANSMISSION OF
INFORMATION TO Cardmaker App OR VIA THE SERVICE. IN ADDITION, THE Cardmaker App PARTIES HEREBY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM,
TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE Cardmaker App PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR
UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES
THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION,
VIRUSES. THE Cardmaker App PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE
INFORMATION INCLUDING ANY INSTRUCTIONS ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU
ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE Cardmaker App PARTIES DO NOT
WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE
Cardmaker App PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT
ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO
YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL
IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE Cardmaker App PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR
LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE WHETHER ACTUAL, CONSEQUENTIAL,
PUNITIVE OR OTHERWISE, INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
BASED UPON OR RESULTING FROM ANY CONTENT.
- Limitation of Liability; Waiver
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UNDER NO CIRCUMSTANCES WILL THE Cardmaker App PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES
OF ANY KIND INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO: A THE SERVICE; B THE Cardmaker App CONTENT; C USER CONTENT; D YOUR USE
OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; E ANY ACTION TAKEN IN CONNECTION
WITH AN INVESTIGATION BY THE Cardmaker App PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR
OR ANY OTHER PARTY'S USE OF THE SERVICE; F ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR
OTHER INTELLECTUAL PROPERTY OWNERS; G ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR
H ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY
INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS,
TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE
Cardmaker App PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT INCLUDING,
WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE. IN NO EVENT WILL THE
Cardmaker App PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING,
WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Cardmaker App PARTIES TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS $100.00.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF
Cardmaker App'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR
SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE,
SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Cardmaker App PARTIES,
AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION,
ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR
OTHER CONTENT OWNED OR CONTROLLED BY THE Cardmaker App PARTIES.
Cardmaker App IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD
PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS
AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU
HAVE AGAINST ANY SUCH THIRD PARTIES.
- Indemnification
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You and also any third party for whom you operate an account or activity on the Service
agree to defend at Cardmaker App's request, indemnify and hold the Cardmaker App Parties harmless
from and against any claims, liabilities, damages, losses, and expenses, including without
limitation, reasonable attorney's fees and costs, arising out of or in any way connected
with any of the following including as a result of your direct activities on the Service or
those conducted on your behalf: i your Content or your access to or use of the Service; ii
your breach or alleged breach of these Terms of Use; iii your violation of any third-party
right, including without limitation, any intellectual property right, publicity,
confidentiality, property or privacy right; iv your violation of any laws, rules,
regulations, codes, statutes, ordinances or orders of any governmental and
quasi-governmental authorities, including, without limitation, all regulatory,
administrative and legislative authorities; or v any misrepresentation made by
you.
You will cooperate as fully required by Cardmaker App in the defense of any claim. Cardmaker App
reserves the right to assume the exclusive defense and control of any matter subject to
indemnification by you, and you will not in any event settle any claim without the prior
written consent of Cardmaker App.
- Changes to This Terms and Conditions
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I may update our Terms and Conditions from time to time. Thus, you are advised to review
this
page periodically for any changes. I will notify you of any changes by posting the new Terms
and
Conditions on this page. These changes are effective immediately after they are posted on
this
page.
- Contact Us
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If you have any questions or suggestions about my my Terms and Conditions, do not hesitate
to contact me.