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1.3 your user content is not confidential ; you represent that your content is original to you -lrb- and/or your minor child -rrb- .
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linden lab may now or in the future offer users of the service the opportunity to display , publish , distribute , transmit , broadcast , or otherwise make available on or submit through the service -lrb- collectively , `` submit '' -rrb- user content .
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we may do this through forums , blogs , message boards , social networking environments , social communities , e-mail and other functionality .
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subject to the rights and license you grant in this agreement , you retain whatever legally cognizable right , title and interest that you have in your user content .
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each time you submit any user content , you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian , or have all proper consents from the parent or legal guardian , of any minor who is depicted in or contributed to any user content you submit , and that , as to that user content , -lrb- a -rrb- you are the sole author and owner of the intellectual property and other rights to the user content , or you have a lawful right to submit the user content and grant linden lab the rights to it that you are granting by this agreement and any additional terms -lrb- as defined in section 2.2 below -rrb- , all without any linden lab obligation to obtain consent of any third party and without creating any obligation or liability of linden lab ; -lrb- b -rrb- the user content is accurate ; -lrb- c -rrb- the user content does not and , as to linden lab 's permitted uses and exploitation set forth in this agreement , will not infringe any intellectual property or other right of any third party ; and -lrb- d -rrb- the user content will not violate this agreement or any additional terms , or cause injury or harm to any person .
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please remember that the service is a public forum and user content that you submit will be accessible to and viewable by other users .
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except as may be required to register and/or maintain your account , do not submit personally identifiable information -lrb- e.g. first and last name together , password , phone number , address , credit or debit card number , medical information , e-mail address , or other contact information -rrb- on the service .
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except as otherwise described in our privacy policy or any additional terms we provide to you , you agree that -lrb- i -rrb- your user content will be treated as non-confidential and non-proprietary and will not be returned , and -lrb- ii -rrb- linden lab does not assume any obligation of any kind to you or any third party with respect to your user content .
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upon linden lab 's request , you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this agreement or any additional terms .
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1.4 linden lab is a service provider and is not responsible or liable for the content , conduct , or services of users or third parties .
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you understand that linden lab is a service provider that enables its users to interact online and display and communicate information and content chosen by those users .
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linden lab does not control or endorse the content of communications between users or users ' interactions with each other or the service .
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you acknowledge that you will be exposed to various aspects of the service involving the conduct , content , and services of users , and that linden lab does not control and is not responsible or liable for the quality , safety , legality , truthfulness or accuracy of any such user conduct , user content or user services .
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you acknowledge that linden lab does not guarantee the accuracy of information submitted by any user of the service , nor any identity information about any user .
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your interactions with other users and your use of user content are entirely at your own risk .
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linden lab has no obligation to become involved in any dispute that you may have or claim to have with one or more users of the service , or in any manner in any resolution thereof .
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the service may contain links to or otherwise allow connections to third-party websites , servers , and online services or environments that are not owned or controlled by linden lab .
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you agree that linden lab is not responsible or liable for the content , policies or practices of any third-party websites , servers or online services or environments .
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please consult any applicable terms of use and privacy policies provided by the third party for such websites , servers or online services or environments .
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1.5 the service is subject to scheduled and unscheduled service interruptions and loss of server data , which you do not own and for which you will not hold us liable .
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linden lab may on occasion need to interrupt the service with or without prior notice .
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you agree that linden lab will not be liable for any interruption of the service -lrb- whether intentional or not -rrb- , and you understand that except as may otherwise be specifically provided in linden lab 's billing policies , posted on applicable areas of the service and/or website -lrb- s -rrb- , you will not be entitled to any refunds of fees or other compensation for interruption of service .
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likewise , you agree that in the event of data loss , we will not be liable for any purported damage or harm arising therefrom .
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linden lab owns the bits and bytes of electronic data stored on its servers , and accordingly will not be liable for any deletion , corruption or data loss that occurs in connection with the service .
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linden lab will solely determine any disposition of the electronic data stored on its servers and will have no obligation to reproduce , process , transfer , extract or recreate any data from its servers .
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content licenses and intellectual property rights
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2.1 linden lab owns intellectual property rights in the service and the linden marks .
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linden lab owns intellectual property rights in and to the service , including but not limited to the linden content , software , the servers , and the websites related thereto , and in and to our trademarks , service marks , trade names , logos , domain names , taglines and trade dress -lrb- collectively , the `` linden marks '' -rrb- .
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you acknowledge and agree that linden lab and its licensors own all right , title , and interest in and to the service , including all intellectual property rights therein , other than with respect to user content .
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you understand and agree that without a written license agreement with linden lab , we do not authorize you to make any use of the linden marks , including but not limited to `` linden , '' or `` linden lab '' .
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use of the linden marks in whole or in part is subject to the guidelines and terms of any applicable license provided in our trademark guidelines .
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except as expressly granted in this agreement , all rights , title and interest in and to the service , and in and to the linden marks are reserved by linden lab .
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copyright , trademark and other laws of the united states and foreign countries protect the service and the linden marks .
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2.2 linden lab grants you certain licenses to access and use the service while you are in compliance with the terms ; additional terms may apply .
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linden lab hereby grants you a non-exclusive , non-transferable , non-sublicenseable , limited , personal , revocable license to access and use the service on an internet device as set forth in these terms and expressly conditioned upon you and each of your accounts remaining active , in good standing , and in compliance with these terms .
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additional terms may apply to certain elements of the service -lrb- `` additional terms '' -rrb- ; these terms are available where such separate elements are made available through the service .
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if there is any contradiction between any additional terms and these terms , then the additional terms shall take precedence only in relation to that particular element of the service .
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for examples of such additional terms , please see section 12 below .
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use of the software is subject to these terms and the terms of any applicable product policy provided with such software .
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if no product policy is provided with certain software , such software is subject to the license terms set forth in this section .
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linden lab hereby grants you a nonexclusive , non-transferable , non-sublicensable , limited , personal and revocable license to install and use the object code of the software on any internet device that you own or control .
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you may not charge any third party for using the software , and you may not modify , adapt , reverse engineer -lrb- except as otherwise permitted by applicable law notwithstanding such limitation -rrb- , decompile or attempt to discover the source code of the software , or create any derivative works of the software , or otherwise use the software except as expressly provided in this agreement .
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linden lab provides access to linden content and hereby grants you a non-exclusive , non-transferable , non-sublicensable , limited , personal , revocable license to use , reproduce , distribute , prepare derivative works of , display , and perform the linden content solely as permitted through the normal functionality of the service and under these terms , except that photographs , images , films , and videos of linden content may be used in other areas of and outside the service only as may be set forth in an applicable product policy .
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to be clear , and without limiting the foregoing , you may not use , reproduce , distribute , prepare derivative works of , display or perform any linden content , whether modified by you or not , outside the virtual environment of the service except as provided in an applicable product policy or as expressly agreed upon in a written agreement with linden lab .
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the foregoing license is referred to as a `` linden content license . ''
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you acknowledge that when you receive a linden content license you do not acquire ownership of any copies of the content , or transfer of any copyright or other intellectual property rights in the content .
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2.3 you grant linden lab certain licenses to your user content .
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you retain any and all intellectual property rights you already hold under applicable law in content you upload , publish , and submit to or through the servers , websites , and other areas of the service , subject to the rights , licenses , and other terms of this agreement , including any underlying rights of other users or linden lab in content that you may use or modify .
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in connection with content you upload , publish , or submit to any part of the service , you affirm , represent , and warrant that you own or have all necessary intellectual property rights , licenses , consents , and permissions to use and authorize linden lab and users of the service to use the content in the manner contemplated by the service and these terms .
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because the law may or may not recognize certain intellectual property rights in any particular content , you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation .
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you acknowledge and agree that you are responsible for knowing , protecting , and enforcing any intellectual property rights you hold , and that linden lab can not do so on your behalf .
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except as prohibited by law , you hereby waive , and you agree to waive , any moral rights -lrb- including attribution and integrity -rrb- that you may have in any user content , even if it is altered or changed in a manner not agreeable to you .
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to the extent not waivable , you irrevocably agree not to exercise such rights -lrb- if any -rrb- in a manner that interferes with any exercise of the granted rights .
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you understand that you will not receive any fees , sums , consideration or remuneration for any of the rights granted in this section .
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except as otherwise described in any additional terms -lrb- such as a contest 's official rules -rrb- which will govern the submission of your user content , you hereby grant to linden lab , and you agree to grant to linden lab , the non-exclusive , unrestricted , unconditional , unlimited , worldwide , irrevocable , perpetual , and cost-free right and license to use , copy , record , distribute , reproduce , disclose , modify , display , publicly perform , transmit , publish , broadcast , translate , make derivative works of , and sell , re-sell or sublicense -lrb- through multiple levels -rrb- -lrb- with respect to each product or otherwise on the service as permitted by you through your interactions with the service -rrb- , and otherwise exploit in any manner whatsoever , all or any portion of your user content -lrb- and derivative works thereof -rrb- , for any purpose whatsoever in all formats , on or through any media , software , formula , or medium now known or hereafter developed , and with any technology or devices now known or hereafter developed , and to advertise , market , and promote the same .
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you agree that the license includes the right to copy , analyze and use any of your content as linden lab may deem necessary or desirable for purposes of debugging , testing , or providing support or development services in connection with the service and future improvements to the service .
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the license granted in this section 2.3 is referred to as the `` service content license . ''
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linden lab has no obligation to monitor or enforce your intellectual property rights to your user content , but you grant us the right to protect and enforce our rights to your user content , including by bringing and controlling actions in your name and on your behalf -lrb- at linden lab 's cost and expense , to which you hereby consent and irrevocably appoint linden lab as your attorney-in-fact , with the power of substitution and delegation , which appointment is coupled with an interest -rrb- .
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2.4 you grant certain content licenses to other users by submitting your content to publicly accessible areas of the service .
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you agree that by uploading , publishing , or submitting any content to any publicly accessible areas of the service , you hereby grant other users of that aspect of the service a non-exclusive license to access the user content through the service , and to use , reproduce , distribute , prepare derivative works of , display , and perform the content on the service solely as permitted by you through your interactions with the service under these terms .
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this license is referred to as the `` user content license , '' and the content being licensed is referred to as `` user content . ''
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`` publicly accessible '' areas of the service are those areas that are accessible to other users of that aspect of the service .
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if you do not wish to grant users of the service a user content license , you agree that it is your obligation to avoid displaying or making available your content to other users .
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your interactions with the service may include use of a permissions system as provided in an applicable product policy .
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any agreement you make with other users relating to use or access to your content must be consistent with these terms and the applicable product policy , and no such agreement can abrogate , nullify , void or modify these terms or the applicable product policy .
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you acknowledge that when you receive a user content license you receive only licensing and use rights ; therefore , you do not acquire ownership of any copies of the content , or transfer of any copyright or other intellectual property rights in the content .
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2.5 you also grant linden lab and other users of the service a license to use your content in snapshots and machinima that is displayed in publicly accessible areas of the service .
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you agree that by uploading , publishing , or submitting any content to or through the servers for display in any publicly accessible area of the service , you hereby grant other users a non-exclusive , worldwide , royalty-free , sublicenseable and transferable license to photograph , capture an image of , film , and record a video of the content , and to use , reproduce , distribute , prepare derivative works of , display , and perform the resulting photograph , image , film , or video in any current or future media as provided in and subject to the restrictions and requirements of an applicable product policy or other policy .
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the foregoing license is referred to as the `` snapshot and machinima content license . ''
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2.6 you may delete copies of your content from the service , and the licenses you have granted for the deleted copies will terminate with certain limitations .
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where permitted , you may delete copies or instances of your content that you have displayed or that are in your account inventory through the normal functionality of the service , such as by emptying the trash folder in your account inventory as applicable .
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in such event , the licenses granted by you in this section 2 shall terminate in the manner provided below , but only for those particular copies or instances of content that you have deleted from the service .
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you acknowledge that this termination will not apply to any other copies or instances of the same content that you have not specifically deleted from the service , including without limitation those that may be displayed elsewhere through the service and those that may be in the account inventories of other users to whom you transferred copies .
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you acknowledge that the snapshot and machinima content license granted to linden lab and other users with respect to your content will survive any such termination .
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you also acknowledge that the service content license granted to linden lab with respect to your content will survive any such termination solely as follows to permit linden lab : -lrb- i -rrb- to retain server copies of particular instances of your content , including copies stored in connection with back-up , debugging , and testing procedures ; and -lrb- ii -rrb- to enable the exercise of the licenses granted in this section 2 for any other copies or instances of the same content that you have not specifically deleted from the service , including those that may be displayed elsewhere through the service or exist in other users ' account inventories .
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2.7 you agree to respect the intellectual property rights of other users , linden lab , and third parties .
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you agree that you will not publish , or submit to any part of the service , any content that is protected by intellectual property rights or otherwise subject to proprietary rights , including trade secret or privacy rights , unless you are the owner of such rights or have permission from the rightful owner to upload , publish , or submit the content and to grant linden lab and users of the service all of the license rights granted in these terms .
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you acknowledge that the content of the service is provided or made available to you under license from linden lab and independent content providers , including other users of the service -lrb- `` content providers '' -rrb- .
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you acknowledge and agree that except as expressly provided in this agreement , the intellectual property rights of linden lab and other content providers in their respective content are not licensed to you by your mere use of the service .
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you must obtain from the applicable content providers any necessary license rights in content that you desire to use or access .
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linden lab and other content providers may use the normal functionality of the service , including an applicable permissions system and the copy , modify , and transfer settings , to indicate how you may use , reproduce , distribute , prepare derivative works of , display , or perform their respective content solely through the service .
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you acknowledge and agree that the permissions system and other functionality of the service do not grant you any license , consent , or permission to copy , modify , transfer , or use in any manner any content outside the service .
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you agree that you will not copy , transfer , or distribute outside the service any content that contains any linden content , in whole or in part or in modified or unmodified form , except as allowed by an applicable product policy or other policy , or that infringes or violates any intellectual property rights of linden lab , other content providers , or any third parties .
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linden lab reserves the right , but is not obligated to use technological measures designed to prohibit the copying , transfer , or distribution of content outside the service when we in good faith believe that such copying , transfer , or distribution would or might violate the intellectual property rights of our users , linden lab , or third parties .
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you copy and use content at your own risk .
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you are solely responsible and liable for your use , reproduction , distribution , modification , display , or performance of any content in violation of any intellectual property rights .
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you agree that linden lab will have no liability for , and you agree to defend , indemnify , and hold linden lab harmless for , any claims , losses or damages arising out of or in connection with your use , reproduction , distribution , modification , display , or performance of any content .
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3.1 age requirements for the service .
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by accepting this agreement , you represent that you are at least eighteen -lrb- 18 -rrb- years of age -lrb- or the legal age of majority in your jurisdiction , if greater -rrb- and you have the legal authority to enter into this agreement .
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if you are less than eighteen -lrb- 18 -rrb- years of age -lrb- or the legal age of majority in your jurisdiction , if greater -rrb- , then your parent or legal guardian must read and accept this agreement , your use of the service , participating in the service , and providing any personal information in connection with the service on your behalf .
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3.2 age requirements for use of areas of the service , software , and content .
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certain software , content , or areas of the service may be subject to certain age requirements , as specified in an applicable product policy .
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by using or accessing such software , content , or areas of the service , you represent that you satisfy the age requirements set forth in the applicable product policy .
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when a child under the age of thirteen -lrb- 13 -rrb- contacts linden lab , for example , to participate in a contest or to ask a question , we may collect that child 's email address and the e-mail address of the child 's parent or guardian .
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we will use the child 's e-mail address only for the purpose for which it was collected , and we will use the e-mail address of the parent -lrb- s -rrb- or guardian -lrb- s -rrb- only to provide notification about the child 's contact with us , and to provide notification of the types and uses of personal data collected , if and as required by law .
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as a parent or guardian of a child under the age of thirteen -lrb- 13 -rrb- from whom we have collected personal data , you have the right to review and request deletion of such personal data , and to refuse to permit further collection or use of such personal data .
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to do so , please contact us at [email protected] .
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parents and guardians who wish to review personal data concerning their child -lrb- ren -rrb- will be required to specify the usernames and passwords of the child -lrb- ren -rrb- concerned , and to provide their own e-mail address for verification and contact purposes .
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we can not and will not establish conditions that will require or encourage children to disclose personal data over and above what is reasonably necessary to participate in any activity features on our web sites .
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children under thirteen -lrb- 13 -rrb- years of age are allowed to participate in contests .
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