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Terms of Service last updated
on December 20, 2010.
1. Acceptance of Terms
Welcome
to the Internet sites of Nib
Media, its affiliates and licensors
("BetFreeSports.com", "we" or
"us"). BetFreeSports.com provides
its service (as defined herein)
to you, subject to the following
Terms of Service ("TOS"), which
may be updated by us from time
to time without prior notice
to you. You can review the most
current version of the TOS at
any time at:
http://www.betfreesports.com/termsOfService.asp.
In addition, when using BetFreeSports.com
owned or operated services,
you and BetFreeSports.com shall
be subject to the guidelines
or rules applicable to such
service. All such guidelines
or rules are hereby incorporated
by reference into the TOS. BetFreeSports.com
may also offer other services
that are governed by different
Terms of Service.
2. Service Description
BetFreeSports.com currently
provides users with access to
a rich collection of online
resources, including fantasy
sports games, sports related
news, online forums, personalized
content, branded programming,
and other content owned by BetFreeSports.com,
and merchandise and services
offered by BetFreeSports.com
and independent merchants through
its network of properties (the
"Service"). Unless explicitly
stated otherwise, any new features
that augment or enhance the
current Service, including the
release of new BetFreeSports.com
properties, shall be subject
to these TOS. BetFreeSports.com
may change, suspend or discontinue
any aspect of the Service at
any time. BetFreeSports.com
may also impose limits on certain
features and services or restrict
access to parts of or all of
the Service without notice or
liability. You understand and
agree that the Service is provided
"AS-IS" and that BetFreeSports.com
assumes no responsibility for
the timeliness, deletion, mis-delivery
or failure to store any user
communications or personalization
settings. In order to use the
Service, you must obtain access
to the World Wide Web, either
directly or through devices
that access Web-based content,
and pay any service fees associated
with such access. In addition,
you must provide all equipment
necessary to make such connection
to the World Wide Web, including
a computer and modem or other
access device. You agree that
these TOS are personal to you
and that you may not resell,
lease, license, assign or redistribute
the Service, in whole or in
part, to any third party. BetFreeSports.com
also may offer other services
from time to time, which are
governed by different terms
of service.
3. Member Registration
Registration may be required
for the use of certain portions
of the Service. Your registration
shall not impose any duty on
us to provide any particular
service to you. If the terms
of any BetFreeSports.com registration
agreement conflict with the
terms of this TOS, the registration
agreement shall control.
In consideration of your use
of the Service, you represent
that you are of legal age to
form a binding contract and
are not a person barred from
receiving services under the
laws of the United States or
other applicable jurisdiction.
When you register you also agree
to: (a) provide true, accurate,
current and complete information
about yourself as prompted by
the Service's registration forms
(such information being the
"Registration Data ") and (b)
maintain and promptly update
the Registration Data to keep
it true, accurate, current and
complete. If you provide any
information that is untrue,
inaccurate, not current or incomplete,
or BetFreeSports.com has reasonable
grounds to suspect that such
information is untrue, inaccurate,
not current or incomplete, BetFreeSports.com
has the right to suspend or
terminate your account and refuse
any and all current or future
use of the Service (or any portion
thereof).
4.
Guidelines for Participation
-
No Purchase Necessary.
NO PURCHASE, DEPOSIT,
OR OBLIGATION NECESSARY
TO ENTER, PLAY OR WIN CASH
PRIZES.
-
Open Play.
Open play is available to
anyone who registers on
the Site and becomes a member,
completes the registration
process and meets the qualifications
set forth herein and affirmatively
accepts these Terms of Service
and the associated
Privacy Policy. Open
play consists of making
predictions ("Plays") on
the outcome of certain sporting
events.
-
Use of Play Money.
Play Money is one currency
used in Open Play. Play
Money may reside in a user's
Available Account
Balance or Pending Bets
Balance.
-
Play money in the Available
Account Balance may
be exchanged for cash
prizes once certain
criteria have been met
including, but not limited
to:
- Play money in
the Available Account
Balance may be exchanged
for real cash once
you reach the minimum
payout eligibility
amount based on
the starting balance
you select (view
payout eligibility
chart).
-
Eligibility is confirmed
with proper identification.
- Account audit
confirming all bets
and referrals are
100% correct and
eligible.
-
The rules for exchanging
Available Account Balance
Play Money for cash
prizes is detailed in
the "Request a Payout"
section of the website.
-
Play money in the Pending
Bets Balance may not
be exchanged for cash
prizes.
-
Play money has no cash
value whatsoever and
cannot be used for any
purpose except as provided
in this section.
- Referral earnings
must be rolled over
at least 3 times (3x)
before they become eligible
for payout.
-
You agree that BetFreeSports.com
is an entertainment
experience and that
in order to ensure that
your activities on this
website are not considered
to be gambling, you
are not able to risk
your own money or valuable
property. As such, your
account balance is legally
worthless until BetFreeSports.com
actually gives it to
you. BetFreeSports.com
intends to pay you provided
that (i) meet the qualifications
for payment, (ii) we
are legally permitted
to pay you, and that
(iii) you do not breach
this Agreement or our
policies.
-
Any reference to "$",
"cash", "dollars" and
"pennies" in the site
and in this Agreement
refers to BetFreeSports.com
Play Money which is
a non-negotiable point
system and is not money,
a substitute for money
nor a negotiable currency.
As a point system, Play
Money is only a means
of keeping track within
the site. Play Money
has no value at all.
-
You shall not use Play
Money for payment, sell
them to someone else,
or exchange it for something
of value.
-
BetFreeSports.com may
decrease, without compensation,
the amount of Play Money
in your account at any
time at our own sole
discretion. You have
no rights or entitlements
to Play Money under
this Agreement and you
irrevocably waive all
rights that you may
have under common law,
statute, or otherwise.
Play Money does not
represent an entitlement
to legal tender, value,
or prizes. BetFreeSports.com
has no liability to
make any payment to
you. BetFreeSports.com
may choose, in its sole
discretion, not to approve
a payment or withhold
payment for any reason
whatsoever including,
without limitation,
non-payment from our
advertisers, suspected
fraud with your account,
etc. BetFreeSports.com
may also pay you an
amount lower than the
amount you requested.
-
If we do pay you, you
are responsible for
and will indemnify us
from all taxes, shipping
fees, and 3rd party
costs resulting from
that payment. You acknowledge
that this provision
shall apply in spite
of any contrary or inconsistent
course of dealing in
respect of Play Money,
money, prizes or payments.
-
All payments made to
you are in the nature
of a gift from BetFreeSports.com
to you, and not compensation
for your efforts, activities,
or your time. All prizes
and payments are made
in our sole discretion;
we may choose to pay
or not pay any person
as we solely determine.
- Only one payout
request per week (Maximum
request amount $500.00).
- Referral earnings
must be rolled over
at least 3 times (3x)
before they become eligible
for payout.
5. Detailed Description/Rules
of Play
-
The management of BetFreeSports.com
reserves the right to refuse
or limit any play and to
restrict playing on any
event at any time without
any advance notice. The
Internet is not a 100% reliable
medium and that Internet
Plays are not guaranteed.
You will not be offered
compensation of any nature
for any Plays that are not
accepted by BetFreeSports.com's
transaction server, no matter
what the reason. Conversely,
Plays are valid when they
are accepted by the transaction
server. If you have any
doubts about your Play being
valid, you should check
your BetFreeSports.com account
and/or contact Customer
Service immediately. Plays
cannot be cancelled once
made.
-
Any and all plays placed
in an attempt in any way
to defraud BetFreeSports.com
and/or made by or contracted
by any bookmaker, gambling
syndicate, and/or any person,
parties, organization, friends
or relatives either individually
or in partnership or in
conjunction with any other
person, parties, organization,
friends, relatives, firms
or corporations in any manner
whatsoever who carry on
or become engaged in or
concerned with or interested
in or advise, lend money
to, guarantee the debts
or obligations of any business
of the kind or similar to
the kind of business of
BetFreeSports.com shall
be voided. Anyone deemed
to be playing in a syndicate-like
fashion so as to receive
winnings will have all winnings
from said activity withheld
and will not receive a payout
of any kind in direct relation
to the aforementioned.
-
Players cannot cancel, change,
or modify a play in any
way once it has been received
and acceptedBetFreeSports.com.
-
Plays will be accepted up
to the starting time of
the sporting event.
-
A play shall be deemed to
be invalid when it is submitted
later than the deadline
or it is completed erroneously
or incorrectly or it is
a play on an obvious line
error or it isn't accepted
by the transaction server
for some reason.
-
Before accepting any play,
the management of BetFreeSports.com
reserves the right to limit
the maximum amount played.
Notwithstanding the foregoing,
minimum and maximum plays
shall be determined solely
and exclusively by BetFreeSports.com.
See the "Game Rules" section
of the website for more
information on minimum and
maximum plays.
-
The management of BetFreeSports.com
monitors all plays to aid
in properly settling disputes.
Records of all transactions
are saved to a file on a
backup system. The transaction
log database shall serve
as the final authority in
disputes involving plays.
Players are solely responsible
for verifying the accuracy
of all their account transactions.
-
It must be understood that
printed odds are for information
purposes only and that they
are subject to change. However,
with the exception of obvious
line errors, the odds that
are quoted at the time plays
are accepted shall be deemed
valid and will be used to
determine winners, losers,
and ties. BetFreeSports.com
shall maintain a record
of all final scores and
results, and statistics
to protect both players
and BetFreeSports.com in
the case of obvious mechanical
or human error. BetFreeSports.com
is not liable for printing
or other errors relative
to the transfer of information.
BetFreeSports.com reserves
the right to inform the
public of obvious mistakes/errors
(i.e., the incorrect posting
of lines or odds), and to
make the appropriate adjustments.
-
In the case of an obvious
error on a posted line or
odds, any and all single
plays will be graded "Void"
and all play money to cover
said plays will be returned
to players' accounts for
bets not yet graded. Parlays
not yet graded involving
such lines will be reduced
accordingly. BetFreeSports.com
will adjust the line appropriately
to remedy the situation,
and the line replacing the
obvious error will be deemed
the true line or odds for
playing purposes. This rule
must be understood and accepted
by players who notice the
error. Any winnings achieved
as a result of bets that
were placed using erroneous
lines or odds may be removed
from your account, at any
time.
-
Plays in the system are
automatically void if counterfeited,
forged, altered or tampered
with in any way; if mechanically
or electronically reproduced;
if obtained outside authorized
legitimate channels; or
if they contain printing,
production, typographical,
mechanical, electronic transmission
or any other errors.
-
Players accept all responsibility
for any play placed from
their confidential account
whether placed by them or
not, provided the correct
login information is used
to access the Site. Specifically,
players accept all responsibility
for any transactions placed
on their account by anyone
else that received the confidential
login information from them,
whether voluntarily or otherwise.
- Only one account per
person per household is
permitted. Members found
with multiple accounts shall
have each of their accounts
disabled and any winnings
forfeited.
- Must be 18 years of
age or older to participate.
6. Privacy Policy
Registration data and certain
other information about you
are subject to our privacy policy.
For more information, see our
full
Privacy Policy.
7. Member Account, and Security
When you register you will receive
a Username upon completing the
Service's registration process.
You are responsible for maintaining
the confidentiality of the assigned
Username, the Password you entered,
and you are fully responsible
for all activities that occur
under your Username and password
("Your Account"). You agree
to (a) immediately notify BetFreeSports.com
of any unauthorized use of Your
Account or any other breach
of security, and (b) logoff
or close your browser at the
end of each session. BetFreeSports.com
will not be liable for any loss
or damage arising from your
failure to comply with this
Section 7.
8. Copyright; Trademark
The Service is protected by
copyright pursuant to U.S. copyright
laws, international conventions
and other copyright laws. All
materials contained on the Service
are protected by copyright and
are owned or controlled by BetFreeSports.com
or the party credited as the
provider of the content. You
agree to abide by any and all
additional copyright notices,
information, or restrictions
contained in any part of the
Service. Copying or storing
any part of the Service is expressly
prohibited without prior written
permission from BetFreeSports.com
or the copyright holder as identified
on the Service.
Elements of the Service including,
but not limited to, the "look
and feel," are protected by
tradedress, trademark, copyright,
unfair competition, and other
laws and may not be copied or
imitated in whole or in part.
No logo, graphic, sound or image
from any Service may be copied
or retransmitted unless expressly
permitted by BetFreeSports.com.
9. Hyperlinks
The Service contains hyperlinks
to other World Wide Web sites
which are not included as part
of the Service ("Other Site(s)").
If you use the hyperlinks to
access these Other Sites, you
will leave the Service and your
browser will be re-directed
to the Other Sites. BetFreeSports.com
may not have reviewed the content
of any Other Site, and, whether
or not it has reviewed the content
of any Other Site(s), BetFreeSports.com
does not warrant or make any
representation regarding any
Other Site's accuracy or authenticity.
The hyperlinks to Other Sites
do not constitute an endorsement
by BetFreeSports.com of any
Other Site(s) or resources,
or their content. BetFreeSports.com
is only providing these links
to you as a convenience, and
the inclusion of any link does
not imply endorsement by BetFreeSports.com
of the Other Site.
Any Other Site that links to
the Service: (a) shall not create
a browser or border environment
around any of the content of
the Service; (b) may link to,
but not replicate, BetFreeSports.com
content; (c) shall not imply
that BetFreeSports.com is endorsing
or sponsoring it or its products;
(d) shall not present false
information about BetFreeSports.com
or its products or services;
(e) shall not use Trademarks
without the prior written permission
from BetFreeSports.com; and
(f) shall not contain content
that could be construed as distasteful,
offensive or controversial.
Notwithstanding anything to
the contrary contained in this
TOS, we reserve the right to
deny permission to link to the
Service from any Website for
any reason in our sole and absolute
discretion.
10. Representations and Warranties
You represent, warrant and covenant
that you will not upload, post,
transmit, distribute or otherwise
publish through the Service
any materials which: (a) restrict
or inhibit any other user from
using and enjoying the Service;
(b) are unlawful, threatening,
abusive, libelous, defamatory,
obscene, pornographic, profane,
or indecent; (c) constitute
or encourage conduct that would
constitute a criminal offense,
give rise to civil liability,
or otherwise violate the law;
(d) violate, plagiarize or infringe
the rights of any third party
including, without limitation,
copyright, trademark, patent,
rights of privacy or publicity,
or any other right of any third
party; (e) contain a virus or
other harmful or potentially
harmful component; (f) contain
any unsolicited or unauthorized
advertising, promotional materials,
spam, or any other kind of solicitation;
and/or (g) constitute or contain
false or misleading indications
of origin or statements of fact.
You acknowledge that BetFreeSports.com
may or may not pre-screen Content,
but that BetFreeSports.com and
its designees shall have the
right (but not the obligation)
in their sole discretion to
pre-screen, refuse, move, or
remove any Content that is available
via the Service at any time.
Without limiting the foregoing,
BetFreeSports.com and its designees
shall have the right to remove
any Content that violates the
TOS or is otherwise objectionable.
You agree that you must evaluate,
and bear all risks associated
with the use of any Content,
including any reliance on the
accuracy, completeness, or usefulness
of such Content. You acknowledge,
consent and agree that BetFreeSports.com
may access, preserve, and disclose
your account information and
Content if required to do so
by law or in a good faith belief
that such access preservation
or disclosure is reasonably
necessary to: (a) comply with
legal process; (b) enforce the
TOS; (c) respond to claims that
any Content violates the rights
of third-parties; (d) respond
to your requests for customer
service; or (e) protect the
rights, property, or personal
safety of BetFreeSports.com,
its management, employees, customers,
vendors, and the general public.
You understand that the technical
processing and transmission
of the Service, including your
Content, may involve (a) transmissions
over various networks; and (b)
changes to conform and adapt
to technical requirements of
connecting networks or devices.
You understand that the Service
and software embodied within
the Service may include security
components that permit digital
materials to be protected, and
use of these materials is subject
to usage rules set by BetFreeSports.com
and/or content providers who
provide content to the Service.
You may not attempt to override
or circumvent any of the usage
rules embedded into the Service.
Any unauthorized reproduction,
publication, further distribution
or public exhibition of the
materials provided on the Service,
in whole or in part, is strictly
prohibited.
11. Service Content and Information
The Service contains information,
advice, text, materials, and
goods and services (collectively,
the "Materials") that are provided
for your convenience and enjoyment.
Third parties, including but
not limited to BetFreeSports.com's
licensors, provide some of the
Materials. You should be aware
that the Materials might contain
errors, omissions, inaccuracies,
outdated information, and inadequacies
and that the Materials may be
subject to terms and conditions
which may be found on the Service
or in the documents and policies
of third parties. BetFreeSports.com
makes no representations or
warranties as to the completeness,
accuracy, adequacy, currency
or reliability of any Materials
and will not be liable for any
lack of the foregoing.
Third party advertisers may
offer goods, services and other
materials to you on the Service.
Your correspondence and business
dealings with advertisers found
on or through the Service including,
but not limited to, the payment
and delivery of goods and services,
and any terms, conditions, warranties
and representations associated
with such dealings, are solely
between you and the advertiser.
You agree that we will not be
responsible or liable for any
loss or damage of any sort incurred
as the result of any such dealings
or the offering of such goods,
services, and other Materials
by third parties on the Service.
Descriptions of, or references
to, products or publications
within the Service do not imply
endorsement of that product
or publication.
We do not represent or warrant
that every action you take with
regard to your account and related
activities on the Service will
be lawful in any particular
jurisdiction. It is incumbent
upon you to know the laws that
pertain to you in your jurisdiction
and act lawfully at all times
when using the Service.
12. International Use
Recognizing the global nature
of the Internet, you agree to
comply with all local rules
regarding online conduct and
acceptable Content. Specifically,
you agree to comply with all
applicable laws regarding the
transmission of technical data
exported from the United States
or the country in which you
reside.
13. Content Submitted or Made
Available for Inclusion on the
Service
BetFreeSports.com does not claim
ownership of Content you submit
or make available for inclusion
on the Service. However, with
respect to Content you submit
or make available for inclusion
on publicly accessible areas
of the Service, you grant BetFreeSports.com
the following world-wide, royalty
free and non-exclusive perpetual
license(s), as applicable:
With respect to Content you
submit or make available in
connection with your use of
the Service or for inclusion
on publicly accessible areas
of BetFreeSports.com's Bulletin
Boards or for display in other
public forums (collectively
"Forums"), the license to use,
distribute, reproduce, modify,
adapt, publicly perform and
publicly display such Content
(in whole or in part) on the
Service.
"Publicly accessible" areas
of the Service are those areas
of the BetFreeSports.com network
of properties that are intended
by BetFreeSports.com to be available
to the general public. By way
of example, publicly accessible
areas of the Service would include
Bulletin Boards, Forums, and
Message Boards that are open
to both members and visitors.
However, publicly accessible
areas of the Service would not
include portions of BetFreeSports.com's
Services that are restricted
to individual users.
14. Indemnity
You agree to indemnify and hold
BetFreeSports.com, and its subsidiaries,
affiliates, owners, officers,
managers, employees, attorneys,
accountants, agents, licensors,
co-branders, and advertisers,
harmless from any claim or demand,
including reasonable attorneys'
fees, made by any third party
due to or arising out of Content
you submit, post, transmit or
make available through the Service,
your use of the Service, your
connection to the Service, your
violation of the TOS, or your
violation of any rights of another.
15. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT,
SOFTWARE, DOCUMENTS, FUNCTIONS,
MATERIALS, GRAPHICS, AND INFORMATION
MADE AVAILABLE ON OR ACCESSED
THROUGH OR SENT FROM THE SERVICE,
ARE PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE BY
LAW, BetFreeSports.com AND ITS
SUBSIDIARIES AND AFFILIATES
MAKE NO REPRESENTATION OR WARRANTIES
OR ENDORSEMENTS OF ANY KIND
WHATSOEVER ABOUT: (A) THE CONTENT
ON AND PROVIDED THROUGH THE
SERVICE; (B) THE MATERIALS,
INFORMATION AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED
ON OR ACCESSED THROUGH THE SERVICE;
(C) THE MATERIALS, MESSAGES
AND INFORMATION SENT FROM THE
SERVICE BY USERS; (D) ANY PRODUCTS
OR SERVICES OFFERED BY THIRD
PARTIES OR HYPERTEXT LINKS TO
THIRD PARTIES; AND/OR (E) ANY
BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE SERVICE
OR ANY LINKED SITE. BetFreeSports.com
DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SERVICE OR
ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED
OR ERROR-FREE; THAT DEFECTS
WILL BE CORRECTED; OR THAT THE
SERVICE OR THE SERVERS THAT
MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
BETFREESPORTS.COM DOES NOT WARRANT
THAT YOUR ACTIVITIES OR USE
OF THE SERVICE IS LAWFUL IN
ANY PARTICULAR JURISDICTION
AND, IN ANY EVENT, SPECIFICALLY
DISCLAIM SUCH WARRANTIES. YOU
UNDERSTAND THAT BY USING ANY
OF THE FEATURES OF THE SERVICE,
YOU ACT AT YOUR OWN RISK, AND
YOU REPRESENT AND WARRANT THAT
YOUR ACTIVITIES ARE LAWFUL IN
EVERY JURISDICTION WHERE YOU
ACCESS OR USE THE SERVICE. FURTHER,
BETFREESPORTS.COM AND ITS SUBSIDIARIES
AND AFFILIATES DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTIES
INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
16. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL
BETFREESPORTS.COM BE LIABLE
FOR ANY SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES THAT ARE
DIRECTLY OR INDIRECTLY RELATED
TO THE USE OF, OR THE INABILITY
TO USE, OR THE PERFORMANCE OF,
THE SERVICE, EVEN IF SUCH DAMAGES
ARE FORESEEABLE OR BETFREESPORTS.COM
HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES WHETHER IN AN
ACTION BASED ON CONTRACT, NEGLIGENCE
OR TORT. IN NO EVENT SHALL BETFREESPORTS.COM'S
TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, OR CAUSES OF
ACTION EXCEED THE AMOUNT THAT
YOU HAVE PAID BETFREESPORTS.COM
TO USE ANY PART OF THE SERVICE.
FURTHER, YOU AGREE THAT IN NO
EVENT SHALL ANY LEGAL ACTION
BE BROUGHT BY YOU AGAINST BETFREESPORTS.COM
MORE THAN ONE YEAR AFTER THE
CAUSE OF ACTION ACCRUED.
17. Governing Law
THIS AGREEMENT AND THE INTERPRETATION
OF ITS TERMS SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF
PENNSYLVANIA, WITHOUT REGARD
TO ITS CONFLICTS OF LAWS RULES.
18. Miscellaneous
This TOS
contains the agreement between
us with respect to the use of
the Service and supersedes any
and all other prior written
or oral agreements between us.
Please note, however, that registration
data and certain other information
about you are also subject to
the terms of our
Privacy Policy.
Captions contained in this TOS
are inserted only as a matter
of convenience or for reference
and in no way define, limit,
extend, or describe the scope
of this TOS or the intent of
any provision of this TOS. It
is the intent of the parties
that neither this TOS, nor any
covenant in this TOS, shall
be construed against either
party pursuant to the common
law rule of construction against
the drafter. It is the intent
of the parties that said rule
not be applicable to this TOS.
Each provision of this TOS shall
be considered severable and
if for any reason any provision
or provisions hereof are determined
to be invalid and contrary to
any existing or future law,
such invalidity shall not impair
the operation of or affect those
portions of this TOS that are
valid.
Feel free to
contact
us if you have any questions,
comments, or concerns about
our Terms of Service.
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