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the company reserves the right to terminate gifts for cause immediately at its sole discretion without advance notice or liability .
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in such event you will not be entitled to a pro-rata refund or credit .
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the company may redistribute previously purchased copies of gifts , if , in the company 's sole determination , a purchaser of such gift received a corrupted or otherwise damaged item .
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the company will not charge a user a fee for a re-download .
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if a gift you have purchased is corrupted or otherwise damaged , then please send an email explaining the problem and the circumstances under which such problem arose to [email protected] .
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the company may terminate , in its sole and absolute discretion , the account of any user that is deemed to be abusing this provision .
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all charges and payments for gifts will be made in the currency specified at the point of purchase .
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currency exchange settlements and foreign transaction fees , if any , are based on your agreement with your payment method provider .
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published prices do not include taxes .
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if any gifts are subject to sales tax in any jurisdiction and you have not paid the applicable sales tax to the company , then you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority .
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all sales of gifts are final and the company does not offer refunds for any purchased gifts .
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restrictions on use of the service .
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in using the service , you agree not to :
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make unauthorized copies of any content made available on or through the service ;
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use any device , software or routine to interfere or attempt to interfere with the proper working of the service , or any activity conducted on the service ;
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attempt to decipher , decompile , disassemble or reverse engineer any of the software or source code comprising or making up the service ;
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delete or alter any material the company or any other person or entity posts on the service ;
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frame or link to any of the materials or information available on the service ;
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alter , deface , mutilate , or otherwise bypass any approved software through which the service is made available ;
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use any trademarks , service marks , design marks , logos , photographs , or other content belonging to the company or obtained from the service ;
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access , tamper with , or use non-public areas of the service , the company 's -lrb- and its hosting company 's -rrb- computer systems and infrastructure , or the technical delivery systems of the company 's providers ;
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provide any false personal information to the company ;
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create a false identity or impersonate another person or entity in any way ;
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create a new account with the company , without the company 's express written consent , if the company has previously disabled an account of yours ;
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solicit , or attempt to solicit , personal information from other users of the service ;
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restrict , discourage , or inhibit any person from using the service , disclose personal information about a third person on the service or obtained from the service without the consent of that person , or collect information about users of the service ;
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use the service to send emails or other communications to persons who have requested that you not send them communications ;
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use the service , without the company 's express written consent , for any commercial or unauthorized purpose , including communicating or facilitating any commercial advertisement or solicitation or spamming ;
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gain unauthorized access to the service , to other users ' accounts , names , or personally identifiable information , or to other computers or websites connected or linked to the service ;
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post any virus , worm , spyware , or any other computer code , file , or program that may or is intended to disable , overburden , impair , damage , or hijack the operation of any hardware , software , or telecommunications equipment , or any other aspect of the service or communications equipment and computers connected to the service ;
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interfere with or disrupt the service , networks , or servers connected to the service or violate the regulations , policies or procedures of those networks or servers ;
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violate any applicable federal , state , or local laws or regulations or the terms of this eula ;
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or assist or permit any person in engaging in any of the activities described above .
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the service may contain links to or the ability to share information -lrb- excluding broadcast content -rrb- with third party websites -lrb- `` external sites '' -rrb- .
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the company does not endorse any external sites or the content made available on such external sites .
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all external sites and any content thereon is developed and provided by others .
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you should contact the site administrator or webmaster for those external sites if you have any concerns regarding such content located on such external sites .
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the company is not responsible for the content of any external sites and does not make any representations regarding the content or accuracy of any materials on such external sites .
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you should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs .
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if you decide to access any external sites , purchase any content from external sites or subscribe to services offered by such external site , then you do so at your own risk .
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you agree that company will have no liability to you arising from your use , engagement , exposure to or interaction with any external sites .
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while our own staff is continually working to develop and evaluate our own product ideas and features , we pride ourselves on paying close attention to the interests , feedback , comments , and suggestions we receive from the user community .
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if you choose to contribute by sending the company or our employees any ideas for products , services , features , modifications , enhancements , content , refinements , technologies , content offerings -lrb- such as audio , visual , games , or other types of content -rrb- , promotions , strategies , or product/feature names , or any related documentation , artwork , computer code , diagrams , or other materials -lrb- collectively `` feedback '' -rrb- , then regardless of what your accompanying communication may say , the following terms will apply , so that future misunderstandings can be avoided .
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accordingly , by sending feedback to the company , you agree that :
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the company has no obligation to review , consider , or implement your feedback , or to return to you all or part of any feedback for any reason ;
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feedback is provided on a non-confidential basis , and the company is not under any obligation to keep any feedback you send confidential or to refrain from using or disclosing it in any way ;
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and you irrevocably grant the company perpetual and unlimited permission to reproduce , distribute , create derivative works of , modify , publicly perform -lrb- including on a through-to-the-audience basis -rrb- , communicate to the public , make available , publicly display , and otherwise use and exploit the feedback and derivatives thereof for any purpose and without restriction , free of charge and without attribution of any kind , including by making , using , selling , offering for sale , importing , and promoting commercial products and services that incorporate or embody feedback , whether in whole or in part , and whether as provided or as modified .
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notice and procedure for making claims of copyright or other intellectual property infringements .
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respect of third party rights .
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the company respects the intellectual property of others and takes the protection of intellectual property very seriously , and we ask our users to do the same .
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infringing activity will not be tolerated on or through the service .
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the company 's intellectual property policy is to -lrb- i -rrb- remove or disable access to material that the company believes in good faith , upon notice from an intellectual property owner or his or her agent , is infringing the intellectual property of a third party by being made available through the service ; and -lrb- ii -rrb- remove any user content uploaded to the service by `` repeat infringers . ''
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the company considers a `` repeat infringer '' to be any user that has uploaded user content or feedback to or through the service and for whom the company has received more than two takedown notices compliant with the provisions of 17 u.s.c. § 512 with respect to such user content or feedback .
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the company has discretion , however , to terminate the account of any user after receipt of a single notification of claimed infringement or upon the company 's own determination .
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accounts of users may be terminated immediately in the event of any unauthorized posting of pre-release sr samples .
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procedure for reporting claimed infringement .
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if you believe that any content made available on or through the service has been used or exploited in a manner that infringes an intellectual property right you own or control , then please promptly send a `` notification of claimed infringement '' containing the following information to the designated agent identified below .
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your notification of claimed infringement may be shared by the company with the user alleged to have infringed a right you own or control , and you hereby consent to the company making such disclosure .
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your communication must include substantially the following :
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a physical or electronic signature of a person authorized to act on behalf of the owner of the work -lrb- s -rrb- that has/have been allegedly infringed ;
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identification of works or materials being infringed , or , if multiple works are covered by a single notification , then a representative list of such works ;
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identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled , and information reasonably sufficient to permit the company to locate the material ;
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information reasonably sufficient to permit the company to contact you , such as an address , telephone number , and , if available , an electronic mail address at which you may be contacted ;
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a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner , its agent , or the law ;
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and a statement that the information in the notification is accurate , and under penalty of perjury , that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed .
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you should consult with your own lawyer and/or see 17 u.s.c. § 512 to confirm your obligations to provide a valid notice of claimed infringement .
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the company 's designated agent for receipt of notifications of claimed infringement -lrb- the `` designated agent '' -rrb- can be contacted at :
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via u.s. mail : 1161 mission street , office # 502 , san francisco , ca 94103
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if you receive a notification from the company that material made available by you on or through the service has been the subject of a notification of claimed infringement , then you will have the right to provide the company with what is called a `` counter notification . ''
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to be effective , a counter notification must be in writing , provided to the company 's designated agent through one of the methods identified in section 10 .
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d and include substantially the following information :
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a physical or electronic signature of the subscriber ;
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identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled ;
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a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled ; and
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the subscriber 's name , address , and telephone number , and a statement that the subscriber consents to the jurisdiction of federal district court for the judicial district in which the address is located , or if the subscriber 's address is outside of the united states , then for any judicial district in which the company may be found , and that the subscriber will accept service of process from the person who provided notification under section 9 .
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d above or an agent of such person .
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a party submitting a counter notification should consult a lawyer or see 17 u.s.c. § 512 to confirm the party 's obligations to provide a valid counter notification under the copyright act .
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reposting of content subject to a counter notification .
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if you submit a counter notification to the company in response to a notification of claimed infringement , then the company will promptly provide the person who provided the notification of claimed infringement with a copy of your counter notification and inform that person that the company will replace the removed user content or feedback or cease disabling access to it in 10 business days , and the company will replace the removed user content or feedback and cease disabling access to it not less than 10 , nor more than 14 , business days following receipt of the counter notification , unless the company 's designated agent receives notice from the party that submitted the notification of claimed infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the company 's system or network .
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false notifications of claimed infringement or counter notifications .
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the copyright act provides that :
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false notifications of claimed infringement or counter notifications .
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the copyright act provides that :
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17 u.s.c. § 512 -lrb- f -rrb- .
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the company reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law .
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the company -lrb- and its respective corporate parents , subsidiaries , affiliates , predecessors in interest , successors , permitted assigns -rrb- , you and any other parties on whose behalf you are accessing the service agree to arbitration -lrb- except for matters that may be taken to small claims court -rrb- , as the exclusive form of dispute resolution except as provided for below , for all disputes and claims arising out of or relating to this eula or the service .
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arbitration is more informal than a lawsuit in court .
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arbitration uses a neutral arbitrator instead of a judge or jury , allows for more limited discovery than in court , and is subject to very limited review by courts .
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arbitrators can award the same damages and relief that a court can award .
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please visit www.adr.org for more information .
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a party who intends to seek arbitration must first send to the other , by a reputable courier with a tracking mechanism , a written notice of intent to arbitrate -lrb- a `` notice '' -rrb- , or , in the absence of a mailing address provided by you to the company , to you via any other method available to the company , including via e-mail .
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the notice to the company should be addressed to 1161 mission street , office # 502 , san francisco , ca 94103 , attn : chief executive officer -lrb- the `` arbitration notice address '' -rrb- .
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the notice must -lrb- a -rrb- describe the nature and basis of the claim or dispute ; and -lrb- b -rrb- set forth the specific relief sought -lrb- the `` demand '' -rrb- .
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if you and the company do not reach an agreement to resolve the claim within 30 days after the notice is received , you or the company may commence an arbitration proceeding as set forth below or file a claim in small claims court .
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the arbitration will be administered by the american arbitration association -lrb- `` aaa '' -rrb- in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes -lrb- `` rules '' -rrb- , as modified by this eula .
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the rules and aaa forms are available at http://www.adr.org .
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if you are required to pay a filing fee to commence arbitration against the company , then the company will promptly reimburse you for your confirmed payment of the filing fee upon the company 's receipt of notice at the arbitration notice address that you have commenced arbitration along with a receipt evidencing payment of the filing fee , unless your demand is equal to or greater than u.s. $ 1,000 or was filed in bad faith , in which case you are solely responsible for the payment of the filing fee .
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the arbitration will be conducted in english .
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a single independent and impartial arbitrator with his or her primary place of business in san francisco county , california will be appointed pursuant to the rules , as modified herein .
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you and the company agree the following rules , which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties : -lrb- a -rrb- the arbitration will be conducted online and/or be solely based on written submissions , the specific manner to be chosen by the party initiating the arbitration ; -lrb- b -rrb- the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties ; and -lrb- c -rrb- any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction .
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