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except as otherwise described in the service 's privacy policy , available at http://instagram.com/legal/privacy/ , as between you and instagram , any content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of content .
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you acknowledge and agree that your relationship with instagram is not a confidential , fiduciary , or other type of special relationship , and that your decision to submit any content does not place instagram in a position that is any different from the position held by members of the general public , including with regard to your content .
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none of your content will be subject to any obligation of confidence on the part of instagram , and instagram will not be liable for any use or disclosure of any content you provide .
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it is instagram '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 .
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this is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently .
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accordingly , instagram does not accept unsolicited materials or ideas , and takes no responsibility for any materials or ideas so transmitted .
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if , despite our policy , you choose to send us content , information , ideas , suggestions , or other materials , you further agree that instagram 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 .
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reporting copyright and other ip violations
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we respect other people 's rights , and expect you to do the same .
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we provide you with tools to help you protect your intellectual property rights .
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to learn more about how to report claims of intellectual property infringement , visit : https://help.instagram.com/customer/portal/articles/270501
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if you repeatedly infringe other people 's intellectual property rights , we will disable your account when appropriate .
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the service , including , without limitation , instagram content , is provided on an `` as is '' , `` as available '' and `` with all faults '' basis .
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to the fullest extent permissible by law , neither instagram nor its parent company nor any of their employees , managers , officers or agents -lrb- collectively , the `` instagram parties '' -rrb- make any representations or warranties or endorsements of any kind whatsoever , express or implied , as to : -lrb- a -rrb- the service ; -lrb- b -rrb- the instagram content ; -lrb- c -rrb- user content ; or -lrb- d -rrb- security associated with the transmission of information to instagram or via the service .
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in addition , the instagram 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 .
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the instagram 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 .
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the instagram parties do not make any representations or warranties that the information -lrb- including any instructions -rrb- on the service is accurate , complete , or useful .
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you acknowledge that your use of the service is at your sole risk .
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the instagram parties do not warrant that your use of the service is lawful in any particular jurisdiction , and the instagram parties specifically disclaim such warranties .
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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 .
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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 .
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the instagram parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss , damage -lrb- whether actual , consequential , punitive or otherwise -rrb- , injury , claim , liability or other cause of any kind or character based upon or resulting from any content .
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under no circumstances will the instagram parties be liable to you for any loss or damages of any kind -lrb- including , without limitation , for any direct , indirect , economic , exemplary , special , punitive , incidental or consequential losses or damages -rrb- that are directly or indirectly related to : -lrb- a -rrb- the service ; -lrb- b -rrb- the instagram content ; -lrb- c -rrb- user content ; -lrb- d -rrb- your use of , inability to use , or the performance of the service ; -lrb- e -rrb- any action taken in connection with an investigation by the instagram parties or law enforcement authorities regarding your or any other party 's use of the service ; -lrb- f -rrb- any action taken in connection with copyright or other intellectual property owners ; -lrb- g -rrb- any errors or omissions in the service 's operation ; or -lrb- h -rrb- 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 instagram 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 -lrb- including , without limitation , whether caused in whole or in part by negligence , acts of god , telecommunications failure , or theft or destruction of the service -rrb- .
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in no event will the instagram parties be liable to you or anyone else for loss , damage or injury , including , without limitation , death or personal injury .
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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 .
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in no event will the instagram parties total liability to you for all damages , losses or causes or action exceed one hundred united states dollars -lrb- $ 100.00 -rrb- .
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you agree that in the event you incur any damages , losses or injuries that arise out of instagram '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 instagram 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 instagram parties .
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by accessing the service , you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected , and in accordance with such waiver , you acknowledge that you have read and understand , and hereby expressly waive , the benefits of section 1542 of the civil code of california , and any similar law of any state or territory , which provides as follows : `` a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release , which if known by him must have materially affected his settlement with the debtor . ''
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instagram 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 .
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you -lrb- and also any third party for whom you operate an account or activity on the service -rrb- agree to defend -lrb- at instagram 's request -rrb- , indemnify and hold the instagram 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 -lrb- including as a result of your direct activities on the service or those conducted on your behalf -rrb- : -lrb- i -rrb- your content or your access to or use of the service ; -lrb- ii -rrb- your breach or alleged breach of these terms of use ; -lrb- iii -rrb- your violation of any third-party right , including without limitation , any intellectual property right , publicity , confidentiality , property or privacy right ; -lrb- iv -rrb- 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 -lrb- v -rrb- any misrepresentation made by you .
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you will cooperate as fully required by instagram in the defense of any claim .
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instagram 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 instagram .
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except if you opt-out or for disputes relating to : -lrb- 1 -rrb- your or instagram 's intellectual property -lrb- such as trademarks , trade dress , domain names , trade secrets , copyrights and patents -rrb- ; -lrb- 2 -rrb- violations of the api terms ; or -lrb- 3 -rrb- violations of provisions 13 or 15 of the basic terms , above -lrb- `` excluded disputes '' -rrb- , you agree that all disputes between you and instagram -lrb- whether or not such dispute involves a third party -rrb- with regard to your relationship with instagram , including without limitation disputes related to these terms of use , your use of the service , and/or rights of privacy and/or publicity , will be resolved by binding , individual arbitration under the american arbitration association 's rules for arbitration of consumer-related disputes and you and instagram hereby expressly waive trial by jury .
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as an alternative , you may bring your claim in your local `` small claims '' court , if permitted by that small claims court 's rules .
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you may bring claims only on your own behalf .
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neither you nor instagram will participate in a class action or class-wide arbitration for any claims covered by this agreement .
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you also agree not to participate in claims brought in a private attorney general or representative capacity , or consolidated claims involving another person 's account , if instagram is a party to the proceeding .
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this dispute resolution provision will be governed by the federal arbitration act .
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in the event the american arbitration association is unwilling or unable to set a hearing date within one hundred and sixty -lrb- 160 -rrb- days of filing the case , then either instagram or you can elect to have the arbitration administered instead by the judicial arbitration and mediation services .
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judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction .
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any provision of applicable law notwithstanding , the arbitrator will not have authority to award damages , remedies or awards that conflict with these terms of use .
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you may opt out of this agreement to arbitrate .
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if you do so , neither you nor instagram can require the other to participate in an arbitration proceeding .
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to opt out , you must notify instagram in writing within 30 days of the date that you first became subject to this arbitration provision .
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you must use this address to opt out :
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instagram , llc attn : arbitration opt-out 1601 willow rd. .
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you must include your name and residence address , the email address you use for your instagram account , and a clear statement that you want to opt out of this arbitration agreement .
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if the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable , then all of the preceding language in this arbitration section will be null and void .
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this arbitration agreement will survive the termination of your relationship with instagram .
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you agree that any claim you may have arising out of or related to your relationship with instagram must be filed within one year after such claim arose ; otherwise , your claim is permanently barred .
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these terms of use are governed by and construed in accordance with the laws of the state of california , without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods , if otherwise applicable .
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for any action at law or in equity relating to the arbitration provision of these terms of use , the excluded disputes or if you opt out of the agreement to arbitrate , you agree to resolve any dispute you have with instagram exclusively in a state or federal court located in santa clara , california , and to submit to the personal jurisdiction of the courts located in santa clara county for the purpose of litigating all such disputes .
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if any provision of these terms of use is held to be unlawful , void , or for any reason unenforceable during arbitration or by a court of competent jurisdiction , then that provision will be deemed severable from these terms of use and will not affect the validity and enforceability of any remaining provisions .
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instagram 's failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right .
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no waiver of any of these terms will be deemed a further or continuing waiver of such term or condition or any other term or condition .
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instagram reserves the right to change this dispute resolution provision , but any such changes will not apply to disputes arising before the effective date of the amendment .
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this dispute resolution provision will survive the termination of any or all of your transactions with instagram .
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if you are using the service on behalf of a legal entity , you represent that you are authorized to enter into an agreement on behalf of that legal entity .
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these terms of use constitute the entire agreement between you and instagram and governs your use of the service , superseding any prior agreements between you and instagram .
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you will not assign the terms of use or assign any rights or delegate any obligations hereunder , in whole or in part , whether voluntarily or by operation of law , without the prior written consent of instagram .
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any purported assignment or delegation by you without the appropriate prior written consent of instagram will be null and void .
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instagram may assign these terms of use or any rights hereunder without your consent .
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if any provision of these terms of use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable , the parties nevertheless agree that such portion will be deemed severable from these terms of use and will not affect the validity and enforceability of the remaining provisions , and the remaining provisions of the terms of use remain in full force and effect .
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neither the course of conduct between the parties nor trade practice will act to modify the terms of use .
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these terms of use do not confer any third-party beneficiary rights .
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the information provided within the service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject instagram to any registration requirement within such jurisdiction or country .
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we reserve the right to limit the availability of the service or any portion of the service , to any person , geographic area , or jurisdiction , at any time and in our sole discretion , and to limit the quantities of any content , program , product , service or other feature that instagram provides .
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software related to or made available by the service may be subject to united states export controls .
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thus , no software from the service may be downloaded , exported or re-exported : -lrb- a -rrb- into -lrb- or to a national or resident of -rrb- any country to which the united states has embargoed goods ; or -lrb- b -rrb- to anyone on the u.s. treasury department 's list of specially designated nationals or the u.s. commerce department 's table of deny orders .
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by downloading any software related to the service , you represent and warrant that you are not located in , under the control of , or a national or resident of , any such country or on any such list .
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the effective date of these terms of use is january 19 , 2013 .
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these terms of use were written in english -lrb- us -rrb- .
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to the extent any translated version of these terms of use conflicts with the english version , the english version controls .
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this agreement -lrb- the `` agreement '' or the `` terms '' -rrb- describes the terms on which linden research , inc. and its wholly-owned subsidiaries , including tilia inc. and tilia branch uk ltd. -lrb- collectively , `` linden lab '' -rrb- offer you access to its interactive entertainment products and services .
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by using the service -lrb- as defined below -rrb- , you agree to and accept these terms , including important dispute resolution procedures and all policies and terms linked to or otherwise referenced herein , all of which are incorporated into this agreement .
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if you do not so agree , you should decline this agreement , in which case you are prohibited from accessing or using the service .
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this agreement includes both the terms above and the following sections , which you may jump to directly by selecting the appropriate link below .
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the headings and subheadings are for your convenience only -- you are responsible for reviewing all sections , defined terms and related links in their entirety to ensure you fully understand this agreement .
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content license and intellectual property rights
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releases , disclaimers , liability limits and indemnification
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`` account '' means the entirety of your contractual rights and obligations under this agreement associated with a particular account name -lrb- defined below -rrb- you have selected for accessing the service .
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`` account name '' means a name to identify yourself to linden lab staff in connection with your account for each product .
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`` content '' means any works of authorship , creative works , graphics , images , textures , photos , logos , video , audio , text , and interactive features .
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`` intellectual property rights '' means copyrights , trademarks , service marks , trade dress , publicity rights , database rights , patent rights and other intellectual property rights or proprietary rights recognized by law .
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`` internet device '' means a personal computer , mobile phone or other wireless or internet-enabled device .
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`` linden content '' is the content provided to you in connection with the service , including , but not limited to content we created or licensed from third parties subject to the license set forth herein .
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`` payment service provider '' means a third party payment service provider as contracted by linden lab in its sole discretion .
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`` product '' means any interactive entertainment product or software provided to you by linden lab , each of which shall be further governed by an applicable product-specific policy -lrb- each a `` product policy '' -rrb- .
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`` servers '' are the online environments that support the service , including without limitation : the server computation , electronic data storage , software access , messaging and protocols that simulate the service .
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`` service '' means all features , applications , content and downloads offered by linden lab , including its websites , servers , software , linden content , and user content as those terms are defined herein .
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`` software '' is the software provided to you by linden lab and/or its suppliers under license in connection with the service , including but not limited to the software for accessing the service and any other communication software , whether facilitating text-based , chat-based , voice , audio or other communication , within or outside of the service , and any application program interfaces -lrb- the `` apis '' -rrb- for use with the service .
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`` user content '' means any content that a user of the service has uploaded , published , or submitted to or through the servers , websites or other areas of the service .
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`` virtual space '' is virtual space that is stored on our servers and made available in the form of virtual units .
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`` websites '' are the websites and services available from the domain and subdomains of linden lab and any related entity or successor domains from which linden lab may offer the service .
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1.2 the service exists only as long as and in the form that we may provide the service , and all aspects of the service , including your user content , are subject to change or elimination .
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linden lab has the right to change , limit access to , and/or eliminate any aspect -lrb- s -rrb- , feature -lrb- s -rrb- or functionality of the service -lrb- including your user content -rrb- as it sees fit at any time without notice , and linden lab makes no commitment , express or implied , to maintain or continue , or to permit open access to , any aspect of the service .
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you acknowledge that your use of the service is subject to this risk and that you knowingly assume it and make your decisions to participate in the service , contribute content and spend your money accordingly .
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linden lab may , but will not have the obligation to , display , maintain , or otherwise make use of , any of your user content , and linden lab may , in its sole discretion , modify , delete , or otherwise make use of user content without notice or any liability to you or any third party .
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linden lab reserves the right to treat user content on the service as content stored at the direction of users for which linden lab will not exercise control except to block or remove content that comes to linden lab 's attention and is offensive , obscene , abusive , illegal or otherwise objectionable to linden lab , or to enforce the rights of third parties or the content restrictions set forth below -lrb- in sections 2 and 7 -rrb- , when notice of their violation comes to linden lab 's attention .
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such user content submitted by you or others need not , however , be maintained on the service by us for any period of time and you will not have the right , once submitted , to access , archive , maintain , or otherwise use such user content on the service .
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