By
using About Logo Design, and signing up as a Client,
you agree to be legally bound by these Terms and
Conditions, including those terms and conditions
incorporated by reference. Please read these terms
carefully. If you do not accept these Terms and
Conditions stated here without modification, you
may not use the About Logo Design service. About
Logo Design may revise these Terms and Conditions
at any time by updating this posting. You should
visit this page periodically to review the Terms
and Conditions, because they are binding on you.
In these Terms and Conditions, About logo Design,
the About logo Design service, all services related
to it, and all text, images, photographs, user interface,
"look" and "feel", data and
other content included in it from time to time (including,
without limitation, the selection, coordination
and arrangement of such content) are referred to
as the "Web Site" or “Service.”
About logo Design is a registered trademark of Star
Media Communications INC., a Canadian Corporation.
Refund Policy
A full refund less an administration charge of $50
will be made if the Client does not wish to proceed
with the logo design after seeing the initial designs.
The refund policy will not take into affect if:
1 ) You have provided feedback regarding your initial
samples.
2 ) Your company is no longer in business.
3 ) The reason does not relate to our design.
4 ) You do not provide any feedback within 1 month.
5 ) You have obtained logo design from a 3rd party.
Slogans Design and Animated Logo Design are non-refundable.
1. WebSite Generally.
(a) Description. The
About logo Design Service is an online offering
where individuals or entities that have signed up
with About logo Design as clients (each, a "Client")
can post specific assignments and project descriptions,
including illustrative samples or other media, (each,
a "Creative Brief"), revise those Creative
Briefs (“Revision Brief”) and obtain
responses (each, a "Response") to those
Creative Briefs or Revision Briefs from designers
retained by About logo Design(“Members”).
Clients will be provided the Service according to
the Packages chosen by Client as detailed in Section
1(g). Client’s Responses will be created iteratively
through a drafting cycle of Creative Briefs, Revision
Briefs and Responses, ultimately resulting in a
final Response to Client’s various Creative
and Revision Briefs.
(b) Creative Brief and Responses.
Each Client is solely responsible for preparing
and posting detailed descriptions of each of its
Creative Briefs, including providing samples illustrating
Client’s Creative Brief (“Samples”),
the applicable deadline, and other relevant terms
and conditions. For each Response that the Client
wants to a Creative Brief, a term sheet (a "Term
Sheet") will be generated that will contain,
and be subject to, the terms and conditions established
by the Client for the Creative or Revision Brief,
including the deadlines and any terms or conditions
required by Client. About logo Design is under no
obligation to review a Creative or Revision Brief
or Term Sheet for any purpose, including accuracy,
completeness of information, quality or clarity.
About logo Design may decide, in its sole discretion,
to deny a Creative or Revision Brief, or a Term
Sheet.
(c) When About logo Design
provides a Response to a Client, the Client
shall review the Response. If a Client fails to
inform About logo Design that the Response is not
reasonably responsive to the Term Sheet or Creative
Brief within 30 days, the Client will be deemed
to have accepted the Response. If a Client notifies
About logo Design that the Client thinks a Response
is not reasonably responsive to the Creative Brief,
the Client shall submit information regarding amendments
or modification to be made to the initial Response
(“Revision Brief”). After providing
a Revision Brief, Client will be provided a subsequent
Response that conforms with the additional criteria
requested by Client.
(d) Responses.
About logo Design is not responsible for the content
of Responses developed to the extent that such responses
are based in conformity with Client’s Creative
or Revision Briefs.
(e) Revisions.
Revisions generally consist of 2-6 additional compositions
that incorporate changes requested by the Client
in the Revision Brief. The purpose of the revision
process is to create Responses that move forward
in a specific direction as determined by the Client.
The Client may request significant changes in the
1st and 2nd revision, and the Responses might be
quite different in nature from the original version
chosen. By the 3rd revision request, Client’s
requests shall be modifications of the then current
version only. Revision requests that depart from
the current composition will be honored and completed
in the same timely manner, however; About logo Design
reserves the right to charge $50 for each such Revision.
No revision work, which requires payment, will be
started without authorization from Client.
(f) Client Accounts.
a. Payment. Clients registering
for the Service must pay for the Service via credit
card, or other payment method expressly authorized
by Star Media Communications INC. through About
logo Design, at the time of registration for the
Service. Clients will be charged for the Package(s)
selected. If Client pays its account by credit card,
Client will be required to provide a valid credit
card number and your credit card billing address
when they register as a Client. About logo Design
will email Client a receipt for the transactions
for which Client is billed. Our fee policy for Clients
may change and we may decide to impose additional
fees on Clients at any time. Such fees will not,
however, apply to sevices submitted before such
change in fees by About logo Design.
b. Service duration. Client agrees
to provide timely responses to About logo Design
after receiving status notifications from About
logo Design. Client shall have 30 days to respond
to each set of Responses submitted to Client for
review. If after 30 days the Client has failed to
so respond, About logo Design will assume the Service
complete and the Service shall be deemed to be complete.
At such time, About logo Design shall have no further
obligation to Client, and Client shall pay About
logo Design all fees and expenses associated with
work performed by About logo Design.
(g) Packages. Client may select
from the following Service Packages:
I Basic Package
· 6 original Response compositions
· One color
· Unlimited revision cycles
II Professional Package
· 8 original Response compositions
· Full color
· Unlimited revision cycles
III Enterprise Package
· 8 original Response compositions
· Full color
· Unlimited revision cycles
· 3 Stationery designs (letterhead, envelop,
business card)
· 2 design alterations on stationery
2. Eligibility, Access,
Use and Service.
(a) Eligibility Requirements. To
register as a Client, you must be an entity in good
standing or if an individual at least 18 years of
age, agree to these Terms and Conditions and the
Privacy Policy, and complete the registration procedure.
By registering as a Client, you represent and warrant
that you meet these eligibility requirements, that
the information you include as part of the registration
process is complete and accurate and, if you are
registering on behalf of an entity, that you are
authorized to bind that entity to these Terms and
Conditions. About logo Design may accept or reject
your registration in its sole discretion. The Service
is not directed to children.
(b) Authorization to Use; Permitted
Uses. You may access and use the Service solely
in accordance with the Terms and Conditions and
any posted policies and procedures that appear on
the Web Site. You may provide Creative Briefs and
obtain Responses only if you register as a Client.
Any use of the Web Site is at your sole risk and
responsibility. Subject to the Terms and Conditions,
you may (i) display the Web Site on an internet
access device, and (ii) on an occasional, infrequent
and ad hoc basis, and only in circumstances that
constitute "fair use" under Canadian and
United States copyright law, print copies of insubstantial
portions of the Web Site. Except as expressly authorized
by the foregoing sentence and as otherwise permitted
herein, you may not display or print the Web Site
and in no event may you broadcast, circulate, distribute,
download, perform, publish, rent, reproduce, sell,
store, transmit or create decorative works from
the Web Site.
(c) Prohibited Uses Generally. You
are required to comply with all applicable laws
(including, without limitation, any applicable export
controls) in connection with your use of the Service,
and such further limitations as may be set forth
in any written or on-screen notice from About logo
Design. Without limiting the foregoing, you agree
not to transmit, distribute, post, communicate or
store information or other material on, to or through
the Web Site that (i) is copyrighted, unless you
are the copyright owner; (ii) reveals trade secrets,
unless you own them; (iii) infringes on any other
intellectual property rights of others or on the
privacy or publicity rights of others; (iv) is obscene,
defamatory, threatening, harassing, abusive, hateful,
or embarrassing to any other person or entity; (v)
is sexually-explicit; (vi) constitutes advertisements
or solicitations of business, chain letters or pyramid
schemes; or (vii) contains viruses, Trojan horses,
worms, time bombs, or other computer programming
routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or information.
You further agree not to (i) use any incomplete,
false or inaccurate biographical information or
other information for purposes of registering as
a Client; (ii) delete or revise any material or
other information of any other user or About logo
Design; (iii) take any action that imposes an unreasonable
or disproportionately large load on the Web Site's
infrastructure; (iv) use any device, software or
routine to interfere or attempt to interfere with
the proper working of this Service or any activity
being conducted on; (v) use or attempt to use any
engine, software, tool, agent or other device or
mechanism (including without limitation browsers,
spiders, robots, avatar's or intelligent agents)
to navigate or search this Web Site other than the
search engine and search agents available from About
logo Design on this Web Site or those generally
available to third party web browsers (e.g., Netscape
Navigator and Microsoft Internet Explorer); or (vi)
attempt to decipher, decompile, disassemble or reverse
engineer any of the software comprising or in any
way making up a part of the Web Site. You are prohibited
from violating or attempting to violate the security
of the Web Site, including, without limitation,
(i) accessing data not intended for you or logging
into a server or account that you are not authorized
to access; (ii) attempting to probe, scan or test
the vulnerability of a system or network or to breach
security or authentication measures without proper
authorization; (iii) attempting to interfere with
service to any user, host or network, including,
without limitation, by way of submitting a virus
to, or overloading, "flooding", "spamming",
"mailbombing" or "crashing",
the Web Site; (iv) sending unsolicited e-mail, including
promotions and/or advertising of products or services;
or (v) forging any TCP/IP packet header or any part
of the header information in any e-mail or posting.
Violations of system or network security may result
in civil or criminal liability. About logo Design
will investigate occurrences that may involve such
violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users
who are involved in such violations. About logo
Design reserves the right to review postings on
the Web Site, to remove any postings, and to terminate
your ability to communicate with, or post to, the
Web Site at any time without notice, in its sole
discretion. About logo Design will take commercially
reasonable efforts not to disclose any information
you communicate with, or post to, the Web Site but
reserves the right to disclose such information
to the extent necessary to satisfy any applicable
law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information
or materials, in whole or in part.
(d) Operation of Web Site. About
logo Design shall not be responsible for any delays
or interruptions of, or errors or omissions contained
in, the Web Site. About logo Design reserves the
right, but shall not be required, to correct any
delays, interruptions, errors or omissions. Although
About logo Design intends to use commercially reasonable
efforts to make the Web Site and Service accessible,
About logo Design makes no representation, warranty
or covenant that the Web Site or Service will be
available at all times or at any time. Various circumstances
may prevent or delay availability. About Logo Design
may at any time discontinue the Web Site in whole
or in part, may change or eliminate any transmission
method, and may change transmission speeds or other
signal characteristics. About Logo Design shall
not be responsible for any loss, cost, damage or
liability that may result.
3. Responsibility for Content; Other Representations,
Warranties and Covenants.
(a) About Logo Design shall not
be responsible for any use that is or is not made
of the Web Site or the Service. Without limiting
the foregoing, About Logo Design makes no representations,
warranties or covenants regarding, and does not
guarantee, the truthfulness, accuracy, or reliability
of any information or other material (including,
without limitation, any Creative Brief, Revision
brief, Term Sheet, Response or User Identity (as
defined hereafter) that are communicated through,
or posted to, the Service, whether by Members, Clients,
About Logo Design or otherwise, nor does About Logo
Design endorse any opinions expressed by any user
of the Web Site, including any Member or Client.
Without limiting the foregoing, About Logo Design
makes no representations, warranties or covenants
regarding the validity of the rights to Responses
granted pursuant to this Agreement. Client acknowledge
that any reliance on information or other material,
including, without limitation, any Service, Term
Sheet, Response or User Identity, communicated through
the Service, or posted to the Web Site will be at
your own risk. Without limiting the foregoing, each
Client agrees and acknowledges that it uses each
Response at its own risk and that it is responsible
for taking any actions it deems reasonable to determine
whether its use of a Response will infringe any
third party intellectual property, privacy or publicity
rights.
4. Ownership; Rights to
Use.
(a) Web Site and Service Generally. Except
as expressly contemplated under this Agreement,
as between About Logo Design and Client, About Logo
Design will own all right, title and interest in
and to all copyright, trademark, service mark, patent,
trade secret or other intellectual property and
proprietary rights in and to the Web Site and Service,
in all media now known or later devised, to the
full extent provided under Canadian and United States
and international law. You shall not remove, conceal
or alter any copyright notice, byline information,
disclaimer, restriction or other notice on the Web
Site or any portion thereof. You shall not use or
permit any third party to use the name, trademarks,
trade names, of About Logo Design, including "About
Logo Design", without the prior written consent
of About Logo Design who may agree or refuse in
its sole discretion for each such request.
(b) Creative Brief and Response Brief.
Upon submission of a Creative Brief or Response
Brief or any other information or media provided
by Client in connection with Client’s use
of the Service (collectively, the “Client
Information”), About Logo Design and its agents
shall have all rights and licenses necessary to
use such Client Information for purposes of obtaining
Responses and for archival purposes. Each Member
to whom a Client project is made available has the
right to review and display the Term Sheet solely
for purposes of preparing a Response.
(c) Rights of About Logo Design.
Upon Client’s submission of User identity
to the Service, Client grants About Logo Design
and its agents (including Star Media Communications
INC.) a royalty-free, perpetual, irrevocable, sublicenseable,
nonexclusive, worldwide right (including any moral
rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from,
distribute, communicate to the public, perform and
display (in whole or in part), and/or incorporate
in other works, in any form, media, or technology
now known or later developed, such user identity,
for the full term of any intellectual property rights
that may exist in such User Identity to the extent
necessary to provide Client with the Service and
Responses.
(d) Rights of Client. Subject to
Client’s compliance with the Terms and Conditions
of this Agreement, Client shall own final Response
compositions provided to Client by About Logo Design
hereunder. Client shall not, however, own any materials,
media or other content generated during any revisions
leading up to the final Response composition, with
such right, title and interest expressly reserved
to About Logo Design. Client acknowledges and hereby
grants to About Logo Design the right to use Creative
Briefs and Revision Briefs, as well as individual
Responses provided to Client, for internal and archival
purposes, and in order to display and promote the
About Logo Design Service. Client acknowledges that
its rights under this Agreement shall be limited
solely to the final Response compositions, and that
no trade or service marks in or to such final Response
compositions are being conveyed under this Agreement.
Client acknowledges that About Logo Design shall
have no obligation or duty to perform trade or service
mark searches or inquiries, or the like, in order
validate the propriety or legality of the Response
compositions. Accordingly, Client is encouraged
to perform its own independent searches with regard
to the Response compositions. Furthermore, Client
acknowledges that About Logo Design shall have no
responsibility or obligation of any kind to assist
Client in seeking state or federal intellectual
property protection (i.e., without limitation, trademark
registration) for the Responses, nor shall About
Logo Design be responsible in otherwise assisting
Client in any way in Client’s perfection of
Client’s rights in or to the Responses.
5. Registration, Password,
User Identity.
(a) Client User Identity. When
you register as a Client, you will create a user
identity ("User Identity"), which will
be your identity for purposes of interacting with
other users through the Web Site. Your User Identity
will include certain personal information, such
as, the industry in which you operate. However,
your User Identity need not be your real name. During
the registration process, the fields requesting
information that will be made available to others
as part of your User Identity are identified. You
are responsible for ensuring that you are comfortable
making such information available to other Web Site
users.
(b) Access Numbers, Passwords, and Password
Access. You shall keep confidential, shall
not disseminate, and shall use solely in accordance
with the Terms and Conditions, your User Identity,
registration identification and password for the
Web Site. You shall immediately notify About Logo
Design if you learn of or suspect: (i) any loss
or theft of your User Identity, registration identification
or password, or (ii) any unauthorized use of your
registration identification or password or of the
Web Site. In the event of such loss, theft, or unauthorized
use, About Logo Design may impose on you, at About
Logo Design's sole discretion, additional security
obligations.
(c) Security Breaches and Revision.
If any unauthorized person obtains access to the
Web Site as a result of any act or omission by Client,
you shall use your best efforts to ascertain the
source and manner of acquisition and shall fully
and promptly advise and update About Logo Design.
Client shall furthermore cooperate and assist in
any investigation relating to any such unauthorized
access.
6. Nondisclosure and Privacy.
(a) Privacy. About Logo Design
intends to use commercially reasonable efforts to
follow its privacy policy; as such privacy policy
may be changed from time to time at About Logo Design's
sole discretion. Notwithstanding the foregoing,
About Logo Design cannot and does not assume any
responsibility or liability for any information
submitted to the Web Site or for the use or misuse
of any information submitted by you or any other
person, including, without limitation, any information
accessed by a hacker or by any other malicious act.
7. Disclaimers; Limitations of Liability.
(a) Generally; Release from Claims.
The Service serves solely as a venue for the creation
of work and About Logo Design does not screen or
censor any information or material posted to the
Web Site. Although About Logo Design makes commercially
reasonable efforts to determine the identity of
Clients, About Logo Design cannot and does not confirm
that any Client or other user is who they claim
to be or that any Client or other user has the qualifications
he or she claims to have. Because About Logo Design
does not and cannot be involved in user-to-user
dealings or control the behavior of participants
on the Web Site, if you have a dispute with one
or more users, you release About Logo Design (and
our affiliates, agents and employees) from all claims,
demands and damages (actual, consequential, direct,
indirect, incidential, special and exemplory) of
every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
If you are a California resident, you waive California
Civil Code section 1542, which says: "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."
(b) Disclaimer of Warranties. THE
SERVICE AND THE RESPONSES ARE PROVIDED "AS
IS." ABOUT LOGO DESIGN MAKES NO REPRESENTATION
OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY
OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE,
INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER
CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY
OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY
RESPONSE, SERVICE, TERM SHEET, USER IDENTITY OR
LINKED CONTENT (ASHEREINAFTER DEFINED). ABOUT LOGO
DESIGN DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED
BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ABOUT LOGO DESIGN DISCLAIMS TO THE MAXIMUM EXTENT
PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES
AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL
PROPERTY OR PROPRIETARY RIGHTS, (iii)WARRANTIES
RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS
IN THE WEB SITE, OR ANY PART THEREOF, (iv) WARRANTIES
RELATING TO THE TRANSMISSION OR DELIVERY OF THE
WEB SITE, AND (v) WARRANTIES OTHERWISE RELATING
TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR
OMISSIONS BY ABOUT LOGO DESIGN OR ANY THIRD PARTY.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF
ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT
THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS
OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(c) Limitation of Remedy. NEITHER
ABOUT LOGO DESIGN NOR ANY THIRDPARTY SHALL BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY,
DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN
ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF,
OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE
TERMS AND CONDITIONS OR APPLICABLE LAW,INCLUDING
CONTRACT, TORT, STATUTORY, OR ANY OTHER LAW.
(d) Exclusion of Consequential
Damages. IN NO EVENT SHALL ABOUT LOGO DESIGN OR
ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON
FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN
ANY WAY RELATED TO THE RESPONCES OR WEB SITE,INCLUDING
ANY PART THEREOF, OR ANY OTHER CONTENT,(INCLUDING
LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS
INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT
FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE,
DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF
ABOUT LOGO DESIGN OR ANY THIRD PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
8. Indemnification.
Upon request by About Logo Design, you agree to
defend, indemnify and hold harmless About Logo Design
and its subsidiaries, affiliates, officers, agents,
co-branders or other partners and employees from
all liabilities for claims of any third party due
to or arising out of your violation of any of these
Terms and Conditions or your use of the Web Site,
and any expenses, including, without limitation,
reasonable attorneys fees, incurred in connection
therewith.
9. Links to Third Party
Services. The Web Site may contain links
to third party web sites or other services (the
"Linked Content"). The Linked Content
is not under the control of About Logo Design and
About Logo Design is not responsible for the Linked
Content, including, without limitation, links contained
in the Linked Content, or any changes or updates
to Linked Content. About Logo Design is providing
Linked Content to you only as a convenience, and
the inclusion of such Linked Content is not an endorsement
by About Logo Design of such Linked Content. If
you decide to access any Linked Content, you do
so at your own risk.
10. Termination.
About Logo Design reserves the right, in its sole
discretion, to terminate Client’s access to
all or a portion of the Service, at any time, with
or without notice. In the event of such termination,
About Logo Design will work with Client to determine
the amount of any refund (if any) to be paid to
Client as a result of such termination. Should termination
of client’s access to the Service result from
Client’s material breach of the Terms and
Conditions of this Agreement, or any other agreement
to which About Logo Design and Client are a party,
Client shall not be entitled to any refund.
11. General. These Terms and Conditions
set forth the entire agreement and understanding
of the parties with respect to the subject matter
hereof and supersede any and all prior oral or written
agreements and understandings, and any and all contemporaneous
oral agreements and understandings (excluding any
associated agreements required by About Logo Design
(e.g., privacy policy) as a condition precedent
to Client’s use of the Service), between you
and About Logo Design regarding the subject matter
of these Terms and Conditions. No modification,
amendment, or waiver of these Terms and Conditions
or Use or any part of them shall be binding unless
evidenced in writing and signed by About Logo Design.
If any provision of these Terms and Conditions is
held by a court of competent jurisdiction to be
invalid, void, or unenforceable, then such provision
shall be deemed null and void, but the remaining
provisions shall continue in full force without
being impaired or invalidated in any way. The language
of these Terms and Conditions shall be deemed to
be the language mutually chosen by the parties and
no rule of strict construction shall be applied
against or in favor of either party hereto. The
section headings and other headings contained in
these Terms and Conditions shall not affect the
meaning or interpretation of these Terms and Conditions.
These Terms and Conditions shall be governed by
the substantive law of the State of New York, without
reference to any choice of law rules that would
result in the application of the substantive law
of any other jurisdiction. The parties agree that
any disputes arising out of or relating to these
Terms and Conditions shall be submitted to the federal
courts having jurisdiction in Albany, New York,
or state courts having jurisdiction in the area
in which such federal courts have jurisdiction,
and the parties consent to the personal jurisdiction
of such courts in respect of such disputes. Client
may not assign or otherwise transfer (by operation
of law or otherwise) any of its rights or duties
hereunder unless About Logo Design agrees in writing
after receiving prior written notice. Any attempted
assignment or other transfer without the requisite
consent of About Logo Design shall be null and void
ab initio. About Logo Design may assign or otherwise
transfer any of its rights or the performance of
any of its duties hereunder. The waiver by About
Logo Design of a breach or a violation of any provision
of these Terms and Conditions shall not operate
as or be construed to be a waiver of any subsequent
breach or violation of any provision of these Terms
and Conditions.
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