432 lines
22 KiB
Plaintext
432 lines
22 KiB
Plaintext
SITE: acer_tos
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URL: https://www.acer.org/online-terms-of-use
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Legal agreement
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These terms and conditions (which constitute a legal agreement) apply
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to the use of any ACER website including:
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1. the use of the information services offered on such web sites; and
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2. participation in any ACER instigated discussion forums.
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By continuing to use any ACER website or participating in any ACER
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instigated discussion forums, YOU AGREE TO:
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1. BE BOUND by:
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+ these terms and conditions;
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+ any terms and condition specific to any particular ACER
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website or ACER instigated discussion forum; and
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2. ACER reserving the right to change or amend these terms and
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conditions from time to time and that you will update yourself by
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re-familiarising with these terms and conditions upon each access.
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Your continued use of ACER websites or ACER instigated discussion
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forum signifies your agreement to any amended terms and conditions.
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Should you NOT ACCEPT these terms and conditions, you MUST refrain from
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using this web site and discussion forum.
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FURTHER, YOU AGREE, in respect of ACER Information services and online
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communities:
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1. that all information provided by ACER through its websites and
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online communities is provided:
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1. under these terms and conditions; and
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2. in good faith.
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2. ACER:
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1. derives all information provided by ACER through its websites
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and online communities from sources which it believes to be
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accurate and up to date as at the date of publication;
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2. RESERVES the right to update this information at any time:
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3. DOES NOT make any REPRESENTATIONS or WARRANTIES that:
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1. the information provided by ACER through its websites and
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online communities is reliable, accurate or complete; or
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2. that your access to that information will be
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uninterrupted, timely or secure;
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4. IS NOT LIABLE for any loss resulting from any action taken or
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reliance made by you on any information or material posted by
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ACER. You should make your own inquiries and seek independent
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advice from relevant industry professionals before
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5. acting or relying on any information or material which is made
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available to you pursuant to our information service;
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3. to use ACER's information services and online communities for
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lawful purposes only;
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4. that any information or material submitted by you to any online
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community is and will be treated by ACER as non-confidential and
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non-proprietary and ACER may use such material without restriction;
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5. when you submit material to any online community, YOU ASSIGN all
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copyright which subsists in such material to ACER without having to
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do anything further. If such copyright is not capable of assignment
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YOU GRANT ACER a royalty free, non-exclusive, perpetual,
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irrevocable worldwide licence (with the right to sublicence) to
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use, modify, alter, reproduce, broadcast and exploit such
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non-assignable copyright, the materials you submit and the
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intellectual property in the materials you submit for any purpose
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ACER determines;
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6. you will not post or transmit any material in which the copyright
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is owned by another person or entity and you warrant that all
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material posted is your original work and not sourced from any
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third party;
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7. YOU WARRANT you have:
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1. full right title and interest in any material you post on ACER
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websites or online communities to so use and publish the same;
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and
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2. obtained all necessary permissions and licenses in any third
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party material contained in the material you post on ACER
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websites or online communities;
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8. you will not post or transmit any material or information which is
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offensive, defamatory, obscene, unlawful, vulgar, harmful,
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threatening, abusive, harassing or ethically objectionable;
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9. you will treat other users of ACER online communities with respect;
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10. ACER has ultimate control of all its websites and online
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communities and ACER in its sole discretion may edit, remove or
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decide to not publish any material you contribute, or block or
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close your access, particularly if it is of the opinion that the
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any material you post is:
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1. defamatory, or otherwise unlawful or that it violates laws
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regarding harassment, discrimination, racial vilification,
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privacy or contempt;
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2. false or deceptive;
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3. an infringement of intellectual property rights including
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copyright;
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4. abusive, offensive or obscene;
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5. inappropriate, off topic, repetitive or vexatious. ACER
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reserves the right to reject contributions that have been
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widely canvassed in the online community. It also reserves the
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right to reject contributions from participants who seek to
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dominate the discussion;
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6. compromising the privacy of any person or containing
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inappropriate personal information;
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7. seeking to endorse commercial products or services;
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8. seeking to directly solicit donations;
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9. deliberate provocation of other community members; or
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10. impersonating someone else and/or posting on behalf of a
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person previously prohibited from access.
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11. you will not disrupt the flow of dialogue or otherwise act in a
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manner which negatively affects other members;
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12. you will not impersonate any other person;
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13. you will provide current, accurate and up-to-date information about
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yourself as required under these terms and conditions;
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14. you will not post or transmit any unsolicited advertising or
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promotional materials;
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15. any material which you post may be removed by ACER from the online
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community without notice at any time;
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16. you will not post any material which contains viruses or other
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computer codes, files or programs which are designed to limit or
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destroy the functionality of other computer software or hardware;
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17. that any material or information provided by you may be posted in
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the online community for any other members or guests to read;
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18. when accessing or participating in ACER instigated online
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communities on third party platforms to comply with any terms and
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conditions of such third party platforms;
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19. to understand the privacy settings on any platform you access and
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choose appropriate options to protect your personal information and
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content;
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20. ACER does not accept any liability for the accuracy or content of
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any material posted by other members of the online community. ACER
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is not liable for any loss resulting from any action taken or
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reliance made by you on any information or material posted by
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another member;
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21. ACER does not accept any responsibility or liability for any
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information or material which you submit to the online community,
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nor does ACER accept any responsibility for any use or misuse which
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you or any other members or guests make of information or material
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which you submit to the online community;
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22. ACER does not warrant that it will respond to questions or comments
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submitted by you to our online communities;
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23. if you download any material from the online community, you
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acknowledge that ACER is not liable to you for any loss or damage,
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however caused, arising from the downloading or subsequent use of
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the downloaded material. You may not adapt, reproduce, store,
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distribute, transmit, print, display, publish or create derivative
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works from any downloaded material. In addition, you may not
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commercialise any information, products or services from the
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downloaded material.
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Disclaimer
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24. YOU ACKNOWLEDGE that ACER DOES NOT ACCEPT RESPONSIBILITY for:
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1. any loss damage, however caused (including through
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negligence), which you may directly or indirectly suffer in
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connection with your use of ACER web sites, any linked web
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site or online community; nor
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2. or any loss arising out of your use of or reliance on
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information contained on or accessed through ACER web sites or
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online communities;
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25. that, to the extent permitted by law, any condition or warranty
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which would otherwise be implied into these terms and conditions is
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hereby excluded. Where legislation implies any condition or
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warranty, and that legislation prohibits ACER from excluding or
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modifying the application of, or our liability under, any such
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condition or warranty, that condition or warranty will be deemed
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included but ACER's liability will be limited for a breach of that
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condition or warranty to one or more of the following: (a) if the
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breach relates to goods, (i) the replacement of the goods or the
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supply of equivalent goods, (ii) the repair of such goods, (iii)
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the payment of the cost of replacing the goods or of acquiring
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equivalent goods or (iv) the payment of the cost of having the
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goods repaired; and (b) if the breach relates to services, (i) the
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supplying of the services again or (ii) the payment of the cost of
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having the services supplied again;
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Exception to disclaimer
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26. this disclaimer set out in these terms and conditions does not
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attempt or purport to exclude liability arising under statute if,
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and to the extent, such liability cannot be lawfully excluded;
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Copyright
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27. copyright in ACER websites and online communities (including text,
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graphics, logos, icons, sound recordings and software) is owned or
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licensed by ACER. Information procured from a third party may be
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the subject of copyright owned by that third party. Other than for
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the purposes of, and subject to the conditions prescribed under,
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the Copyright Act 1968 (Cth) and similar legislation which applies
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in your location, and except as expressly authorised by these terms
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and conditions or with the prior written permission of ACER and in
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the case of third party material, that of the copyright owner, YOU
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MAY NOT in any form or by any means:
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1. adapt, reproduce, store, distribute, print, display, perform,
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publish or create derivative works from any part of ACER web
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sites; or
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2. commercialise any information, products or services obtained
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from any part of ACER web sites;
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Trade marks
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28. except where otherwise specified, any word or device to which is
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attached the (TM) or <20> symbol is a registered trade mark;
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29. if you use any of ACER's trade marks in reference to ACER's
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activities, products or services, you must include a statement
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attributing that trade mark to ACER. You must not use any of our
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trade marks:
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1. in or as the whole or part of your own trade marks;
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2. in connection with activities, products or services which are
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not ACER's;
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3. in a manner which may be confusing, misleading or deceptive;
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4. in a manner that disparages ACER or its information, products
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or services (including any ACER web site);
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30. not to remove, obscure or alter any ACER business names, acronyms,
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trademarks, logos, copyright notices on any content you access and
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use or use such in any way that implies the endorsement of ACER;
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Restricted use
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31. unless ACER agrees otherwise in writing, you are provided with
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access to this web site only for your personal use. You are
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authorised to print a copy of any information contained on this web
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site for your personal use, unless such printing is expressly
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prohibited. Without limiting the foregoing, you may not without our
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written permission on-sell information obtained from this web site
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or publish such information digitally or otherwise;
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Linked web sites
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32. any ACER web site or online community may contain links to other
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web sites ( "linked web sites" ). Those links are provided for
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convenience only and may not remain current or be maintained.
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33. ACER IS NOT RESPONSIBLE for the content or privacy practices
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associated with linked web sites.
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34. ACER links with linked web sites should not be construed as an
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endorsement, approval or recommendation by us of the owners or
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operators of those linked web sites, or of any information,
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graphics, materials, products or services referred to or contained
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on those linked web sites, unless and to the extent stipulated to
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the contrary;
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Privacy
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35. ACER may collect web site visitors' contact information (like their
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e-mail addresses). Unless you object, this information may be used:
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1. to send news, information about ACER activities and general
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promotional material which ACER believes may be useful to you;
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2. to monitor who is accessing the web site or using services
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offered on the web site; and
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3. to profile people accessing the web site;
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36. if you do not wish to have your personal information used in this
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manner or for any other specific purpose, you can contact ACER's
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privacy officer using the contact details available via its privacy
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policy locatable on its website;
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37. ACER utilises "cookies" which enable it to monitor traffic patterns
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and to serve you more efficiently if you revisit the site. A cookie
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does not identify you personally but it does identify your
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computer. You can set your browser to notify you when you receive a
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cookie and this will provide you with an opportunity to either
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accept or reject it in each instance;
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38. ACER will not sell or otherwise provide your personal information
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to a third party, or make any other use of your personal
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information, for any purpose which is not incidental to your use of
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this web site. For the removal of doubt, personal information will
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not be used for any purpose which a reasonable person in your
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position would not expect;
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39. if you request ACER not to use personal information in a particular
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manner or at all, ACER will adopt all reasonable measures to
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observe your request but ACER may still use or disclose that
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information if it:
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1. subsequently notifies you of the intended use or disclosure
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and you do not object to that use or disclosure;
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2. believes that the use or disclosure is reasonably necessary to
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assist a law enforcement agency or an agency responsible for
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government or public security in the performance of their
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functions; or
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3. is required by law to disclose the information;
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40. ACER will preserve the content of any e-mail you send us if ACER
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believes it has the legal requirement to do so;
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41. your e-mail message content may be monitored by ACER for
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trouble-shooting or maintenance purposes or if any form of e-mail
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abuse is suspected;
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42. personal information which ACER collects may be aggregated for
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analysis but in such circumstances ACER would ensure that
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individuals would remain anonymous;
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43. all personal information which ACER collects (including your
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contact details and, if relevant, credit card details) is kept
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confidential to the best of its ability. You will appreciate,
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however, that ACER cannot guarantee the security of transmission;
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44. it is the responsibility of parents to monitor their children's use
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of our web sites and ACER instigated online communities.
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Nevertheless it is ACER's policy not to require personal
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information from persons known to be under the age of 18 years or
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offer to send any promotional material to persons in that category;
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45. you are entitled to have access to any personal information
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relating to you which you have previously supplied to ACER over
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this web site. You are entitled to edit or delete such information
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unless ACER is required by law to retain it;
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46. if you wish to comment on or query our privacy policy, or if you
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wish to make an inquiry regarding any personal information relating
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to you which may be in our possession, contact us on 03 9277 5555.
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Security of information
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47. unfortunately, no data transmission over the Internet can be
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guaranteed as totally secure. Whilst ACER strives to protect such
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information, IT DOES NOT WARRANT and cannot ensure the security of
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any information which you transmit to ACER. Accordingly, any
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information which you transmit to ACER is transmitted at your own
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risk. Nevertheless, once ACER receives your transmission, ACER will
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take reasonable steps to preserve the security of such information;
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Specific warnings
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48. you must ensure that your access to any ACER web site or discussion
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forum is not illegal or prohibited by laws which apply to you;
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49. you must take your own precautions to ensure that the process which
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you employ for accessing any ACER web site or discussion forum does
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not expose you to the risk of viruses, malicious computer code or
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other forms of interference which may damage your own computer
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system. For the removal of doubt, ACER DOES NOT ACCEPT
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RESPONSIBILITY for any interference or damage to your own computer
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system which arises in connection with your use of ACER web sites,
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any linked web site or ACER online community;
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50. while ACER has no reason to believe that any information contained
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on any ACER web site or online community is inaccurate, ACER DOES
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NOT:
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1. WARRANT the accuracy, adequacy or completeness of such
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information;
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2. UNDERTAKE to keep its web site updated; and
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3. ACCEPT RESPONSIBILITY for loss suffered as a result of
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reliance by you upon the accuracy or currency of information
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contained on any ACER web site or discussion forum;
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51. you ACKNOWLEDGE that ACER may be a distributor, not a publisher, of
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content on its web sites. To that extent ACER editorial control is
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limited to the selection of materials to make available. Any
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opinions or advice by third parties remain the responsibility of
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those third parties and ACER DOES NOT guarantee the accuracy,
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completeness or usefulness of that content or its fitness for any
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particular purposes;
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52. where the information made available over ACER websites or online
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communities contains opinions or judgments of third parties, ACER
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DOES NOT purport to endorse the contents of that opinion or advice
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nor the accuracy or reliability of that opinion or advice. ACER
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DOES NOT accept liability for loss or damage caused by your
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reliance upon any information obtained through this service and it
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remains your responsibility to evaluate the accuracy, completeness
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and usefulness of any such information;
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Termination of access
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53. access to this web site may be terminated at any time by ACER
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without notice. The disclaimer contained in these terms of use will
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nevertheless survive any such termination;
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Governing law
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54. these terms and conditions are governed by the laws in force in the
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State of Victoria Australia. YOU AGREE to submit to the exclusive
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jurisdiction of the courts of that jurisdiction;
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General
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55. ACER ACCEPTS NO LIABILITY for any failure to comply with these
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terms and conditions where such failure is due to circumstances
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beyond its reasonable control;
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56. if ACER waives any rights available to us under these terms and
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conditions on one occasion, this does not mean that those rights
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will automatically be waived on any other occasion;
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57. if any of these terms and conditions are held to be invalid,
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unenforceable or illegal for any reason, the remaining terms and
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conditions shall nevertheless continue in full force.
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Legal advice
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58. ACER advises the User to obtain independent legal advice before
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entering into this Agreement to be fully aware of its effects.
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Indemnity
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59. YOU irrevocably and unconditionally indemnify and agree to keep
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indemnified and hold harmless ACER and its respective, officers,
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employees, and consultants from and against any and all liability
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loss harm damage cost or expense, including legal fees, which ACER
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may suffer or sustain as a result of any act or omission of you or
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any of your officers employees consultants have done or omitted to
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be done in connection with a breach of this Agreement or any
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applicable law, except to the extent that the liability loss harm
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damage cost or expense arises from ACER's negligent or unlawful
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acts or omissions. This clause shall survive any termination or
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expiration of this Agreement;
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Entire agreement
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60. these terms and conditions constitute the entire agreement between
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ACER and you in respect of the use of any ACER website and online
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community and any understanding, agreement, and/or representation
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implied or express (made by one party to the other) not expressly
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included in these terms and conditions are specifically excluded.
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To return to the web site or online community
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61. to return to the web site or online community, click where
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indicated. By doing so, you acknowledge that you have read,
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understood and accepted the above terms of use.
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Contact us
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