"Intellectual property" being a problematic term, replacing it in this document.
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@ -74,17 +74,20 @@ available only to individuals who are at least 13 years old.
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constitutes text, graphics, an audio file, or computer software. By making
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constitutes text, graphics, an audio file, or computer software. By making
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Content available, you represent and warrant that:
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Content available, you represent and warrant that:
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<ul class="nested_sublist">
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<ul class="nested_sublist">
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<li>the downloading, copying and use of the Content will not infringe
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<li>
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the downloading, copying and use of the Content will not infringe
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the proprietary rights, including but not limited to the copyright,
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the proprietary rights, including but not limited to the copyright,
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patent, trademark or trade secret rights, of any third party;
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patent, trademark or trade secret rights, of any third party;
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</li>
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</li>
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<li>if your employer has rights to intellectual property you create, you
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<li>
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have either (i) received permission from your employer to post or make
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if your employer has rights to any copyrights, patents, or trademarks
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available the Content, including but not limited to any software, or
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you create, you have either (i) received permission from your employer
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(ii) secured from your employer a waiver as to all rights in or to the
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to post or make available the Content, including but not limited to any
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Content;
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software, or (ii) secured from your employer a waiver as to all rights
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in or to the Content;
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</li>
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</li>
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<li>you have fully complied with any third-party licenses relating to the
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<li>
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you have fully complied with any third-party licenses relating to the
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Content, and have done all things necessary to successfully pass
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Content, and have done all things necessary to successfully pass
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through to end users any required terms;
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through to end users any required terms;
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</li>
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</li>
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@ -150,7 +153,7 @@ available only to individuals who are at least 13 years old.
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indecent, or otherwise objectionable, as well as content containing
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indecent, or otherwise objectionable, as well as content containing
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technical inaccuracies, typographical mistakes, and other errors. The
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technical inaccuracies, typographical mistakes, and other errors. The
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Website may also contain material that violates the privacy or publicity
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Website may also contain material that violates the privacy or publicity
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rights, or infringes the intellectual property and other proprietary
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rights, or infringes the copyright, patent, trademark and other proprietary
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rights, of third parties, or the downloading, copying or use of which is
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rights, of third parties, or the downloading, copying or use of which is
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subject to additional terms and conditions, stated or unstated. Operator
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subject to additional terms and conditions, stated or unstated. Operator
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disclaims any responsibility for any harm resulting from the use by
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disclaims any responsibility for any harm resulting from the use by
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@ -171,29 +174,31 @@ available only to individuals who are at least 13 years old.
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disclaims any responsibility for any harm resulting from your use of
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disclaims any responsibility for any harm resulting from your use of
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external websites and webpages.
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external websites and webpages.
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</li>
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</li>
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<li><strong>Copyright Infringement and DMCA Policy.</strong> As Operator asks
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<li>
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others to
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<strong>Copyright Infringement and DMCA Policy.</strong>
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respect its intellectual property rights, it respects the intellectual
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As Operator asks others to respect its copyrights and trademark rights,
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property rights of others. If you believe that material located on or
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it respects the copyright, patent, and trademark rights of others.
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linked to by {{ app_config['html_title'] }} violates your copyright, you
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If you believe that material located on or linked to by
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are encouraged to notify Operator in accordance with Operator’s Digital
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{{ app_config['html_title'] }} violates your copyright, you are encouraged
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Millennium Copyright Act (”DMCA”) Policy. Operator will respond to all
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to notify Operator in accordance with Operator’s Digital Millennium
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such notices, including as required or appropriate by removing the
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Copyright Act (”DMCA”) Policy. Operator will respond to all such notices,
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infringing material or disabling all links to the infringing material. In
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including as required or appropriate by removing the infringing material or
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the case of a visitor who may infringe or repeatedly infringes the
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disabling all links to the infringing material. In the case of a visitor who
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copyrights or other intellectual property rights of Operator or others,
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may infringe or repeatedly infringes the copyrights or other trademark or
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Operator may, in its discretion, terminate or deny access to and use of
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patent rights of Operator or others, Operator may, in its discretion,
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the Website. In the case of such termination, Operator will have no
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terminate or deny access to and use of the Website. In the case of such
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obligation to provide a refund of any amounts previously paid to Operator.
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termination, Operator will have no obligation to provide a refund of any
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</li>
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amounts previously paid to Operator.</li>
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<li><strong>Intellectual Property.</strong> This Agreement does not transfer
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<li>
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from Operator to
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<strong>Copyrights, patents, and trademarks.</strong>
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you any Operator or third party intellectual property, and all right,
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This Agreement does not transfer from Operator to
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title and interest in and to such property will remain (as between the
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you any Operator or third party copyrights, patents, or trademarks,
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and all right, title and interest in and to such copyrights, patents,
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and trademarks will remain (as between the
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parties) solely with Operator. {{ app_config['html_title'] }}, the
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parties) solely with Operator. {{ app_config['html_title'] }}, the
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{{ app_config['html_title'] }} logo, and all other trademarks, service
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{{ app_config['html_title'] }} logo, and all other trademarks, service
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marks, graphics and logos used in connection with
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marks, graphics and logos used in connection with
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{{ app_config['html_title'] }}, or the Website are trademarks or
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{{ app_config['html_title'] }}, or the Website may be trademarks or
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registered trademarks of Operator or Operator’s licensors. Other
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registered trademarks of Operator or Operator’s licensors. Other
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trademarks, service marks, graphics and logos used in connection with the
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trademarks, service marks, graphics and logos used in connection with the
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Website may be the trademarks of other third parties. Your use of the
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Website may be the trademarks of other third parties. Your use of the
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@ -253,15 +258,16 @@ available only to individuals who are at least 13 years old.
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conduct and acceptable content, and including all applicable laws regarding
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conduct and acceptable content, and including all applicable laws regarding
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the transmission of technical data exported from the United States or the
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the transmission of technical data exported from the United States or the
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country in which you reside) and (ii) your use of the Website will not
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country in which you reside) and (ii) your use of the Website will not
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infringe or misappropriate the intellectual property rights of any third
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infringe or misappropriate the copyrights, patents, and trademark rights of
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party.
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any third party.
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</li>
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</li>
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<li><strong>Indemnification.</strong> You agree to indemnify and hold
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<li>
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harmless Operator, its
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<strong>Indemnification.</strong>
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contractors, and its licensors, and their respective directors, officers,
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You agree to indemnify and hold harmless Operator, its contractors, and its
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employees and agents from and against any and all claims and expenses,
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licensors, and their respective directors, officers, employees and agents
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including attorneys’ fees, arising out of your use of the Website,
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from and against any and all claims and expenses, including attorneys’ fees,
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including but not limited to out of your violation this Agreement.
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arising out of your use of the Website, including but not limited to out of
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your violation this Agreement.
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</li>
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</li>
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<li><strong>Miscellaneous.</strong> This Agreement constitutes the entire
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<li><strong>Miscellaneous.</strong> This Agreement constitutes the entire
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agreement between
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agreement between
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