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Terms & Conditions

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PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ANY TERMS AND AGREEMENTS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

 

These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, the Web sites operated by Aviation Listeners.com , Inc. or any of its subsidiaries or affiliates ("Aviation Listeners.com ”) that link to these Terms of Use, including without limitation www.aviationlisteners.com,http://aviationlisteners.com/Joomla/ (the "Sites"), and the features and services available through or provided in connection with the Site (the "Services"), These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Aviation Listeners.com , or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Terms.

 

Aviation Listeners.com reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Aviation Listeners.com will indicate at the top of the Terms of Use the date such document was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you expressly agree to waive any notice of such changes. Your continued use of the Sites following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you agree to & lt; script src="/plugins/editors/tinymce/jscripts/tiny_mce/themes/advanced/langs/en.js" type="text/javascript"> review the Terms of Use and applicable policies whenever you use the Sites or the Services in order to determine whether such terms have changed and to understand the terms and conditions that apply to your use of the Sites and the Services. If you do not agree to the amended terms, you must stop using the Sites.

 

If you have any questions regarding the use of the Sites, please send us an email with your questions at aviationlisteners@gmail.com. All other questions or comments about the Sites or its contents should be directed to Aviation Listeners.com, Mesina 94 Col Lomas Estrella. México City, México. Postal Code 09890

1. 1. Privacy Policy - Please refer to our Privacy Policy for information on how Aviation Listeners.com collects, uses and discloses personally identifiable information from its users.

2. 2. Terms of Sale - All sales of products and services by Aviation Listeners.com that are made through the Sites are governed by Aviation Listeners.com Terms of Sale, and by ordering products or services from Aviation Listeners.com through the Sites, you agree to be bound by and accept such Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Aviation Listeners.com sole discretion, so you should review the Terms of Sale each time you make a purchase.

3. 3. Third Party Content and Applications - Aviation Listeners.com may provide third-party content and links to Web pages, Web sites and content of third parties (the "Third Party Content") and may make third party software applications (such as Google™ Maps) available to users (the "Third Party Applications") as a service to its users. Aviation Listeners.com does not monitor or have any control over, and is not responsible or liable for, any Third Party Content or Third Party Applications. Third Party Content and Third Party Applications are provided "AS-IS," and Aviation Listeners.com does not endorse or sponsor any Third Party Content or Third Party Applications. AVIATION LISTENERS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO SUCH THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LEGALITY OR SAFETY THEREOF. USERS USE THE THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS CONTAINED THEREIN AT THEIR OWN RISK.

4. 4. Copyright and Limited License - Unless otherwise indicated, the Sites and all content and other materials on the Sites or available through the Services, including, without limitation, the Aviation Listeners.com logo, and all designs, text, graphics, pictures, news, forecasts, information, data, software, video, sound files, and other content and files, and the selection and arrangement thereof (collectively, the "Site Materials"), are the proprietary property of Aviation Listeners.com or its licensors or users and are protected by U.S. and copyright laws.

5. Audios – The cost of the audio is specifically from the edition and transcription of it. The audio may or not have been downloaded from public websites.

You are granted a limited, non-sublicensable license to access and use the Sites, the Services and the Site Materials for your non-commercial and personal use only. Use of any software (including any Third Party Applications) downloaded or accessed from the Sites is subject to the terms of the applicable end-user license agreement. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the collection and use of any data or product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; (g) use of any software or Third Party Applications except in accordance with any applicable end user license agreement; or (h) any use of the Sites, the Site Materials or the Services other than for its intended purpose. Any use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the prior written permission of Aviation Listeners.com , is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

6. 5. Repeat Infringer Policy - In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Aviation Listeners.com has adopted a policy of terminating, in appropriate circumstances and at Aviation Listeners.com sole discretion, subscribers or account holders who are deemed to be repeat infringers. Aviation Listeners.com may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

7. 6. Copyright Complaints - If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Julio Enrique Mendez Salazar. Full Address of Designated Agent to Which Notification Should be Sent: 
Mesina 94 Col Lomas Estrella, 
Mexico City, CP 09890

Telephone Number of Designated Agent: 52-55-477-02436

E-Mail Address of Designated Agent: aviationlisteners @gmail.com

8. 7. Trademarks - You may not copy, imitate or use, in whole or in part, without the prior written permission of Aviation Listeners.com or the applicable trademark holder, any trademark or service mark of Aviation Listeners.com or its licensors, including without limitation any logos, product or service name or slogan contained in the Sites. Information on Aviation Listeners.com marks can be found here. You may not use any metatags or any other "hidden text" utilizing “Aviation Listeners.com” or any other name, trademark or product or service name of Aviation Listeners.com without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Aviation Listeners.com and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Aviation Listeners.com .

9. 8. Hyperlinks - You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such link does not portray Aviation Listeners.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, gratuitously violent, illegal or otherwise objectionable. This limited right may be revoked at any time. You may not use a Aviation Listeners.com logo or other proprietary graphic of Aviation Listeners.com to link to the Sites without the express written permission of Aviation Listeners.com . Further, you may not use, frame or utilize framing techniques to enclose any Aviation Listeners.com trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Aviation Listeners.com express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Aviation Listeners.com or any third party.

Aviation Listeners.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites or of Web sites linking to the Sites. Such sites are not under the control of Aviation Listeners.com and Aviation Listeners.com is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Aviation Listeners.com provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Aviation Listeners.com of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

10. 9. Advertisements and Promotions - Aviation Listeners.com may run advertisements and promotions from third parties on the Sites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Aviation Listeners.com , and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Aviation Listeners.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Aviation Listeners.com advertisers on the Sites.

11. 10. Submissions - You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, postings, original or creative materials or other information, regarding the Sites or the Services that are provided by you in the form of email or other submissions to Aviation Listeners.com (the "Submissions") are non-confidential and shall become the sole property of Aviation Listeners.com. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, to Aviation Listeners.com , and Aviation Listeners.com shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. 11. User Content and Conduct - The Sites may include interactive areas or services ("Interactive Areas"), such as personal profile pages, user-to-user messaging features, rating tools, forums, product reviews, chat rooms, message boards, and other areas or services in which you or third parties create, send, post, share or store content, data, information, messages, text, music, sound, photos, video, graphics, applications, code or other materials or other items on or through the Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and User Content and use them at your own risk. By using the Sites or the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites or the Services any of the following:

a. a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise violate any local, state, national or law, rule, or regulation, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange;

c. c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

d. d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. e. Unsolicited promotions, political campaigning, advertising or solicitations;

f. f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

g. g. Viruses, corrupted data or other harmful, disruptive or destructive files;

h. h. User Content that, in the sole judgment of Aviation Listeners.com , is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Aviation Listeners.com or its users to any harm or liability of any type;

i. i. Classified or sensitive aviation, military or government information of any jurisdiction;

j. j. User Content that encourages or glorifies any reckless, irresponsible, or illegal activity or behavior; and

k. k. User Content that, in its creation, involved any heightened risk of physical injury or harm to the creator of such User Content or any other person, or to any property or that involved any reckless, irresponsible, or illegal activity or behavior on the part of the creator of such User Content.

Without limiting any of the foregoing, you also agree to abide by our Acceptable Use Policy that provides further information regarding acceptable conduct on the Sites. You understand and agree that the Acceptable Use Policy is subject to change by Aviation Listeners.com at any time by posting an updated policy on the Sites. Aviation Listeners.com shall indicate at the top of the Acceptable Use Policy the date such document was last updated, and any changes will be effective immediately upon posting of the revisions on the Sites.

 

YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR OWN RISK. AVIATION LISTENERS.COM IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR USER CONTENT PROVIDED BY ITS USERS ON THE SITES OR FOR THE CONDUCT OF ITS USERS, NOR IS AVIATION LISTENERS.COM LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER. While Aviation Listeners.com may offer features that are designed to enable you to make aspects of the information or materials in your personal profile or your other User Content non-public, no system or security measure is perfect or impenetrable, and Aviation Listeners.com is not liable for any inadvertent disclosure, public display or distribution of such User Content despite your election to make such User Content private. Therefore, you should not post any confidential, classified or otherwise sensitive User Content that you would not feel comfortable having made public. As a provider of interactive services, Aviation Listeners.com is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.

 

Although Aviation Listeners.com has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Aviation Listeners.com reserves the right, and has absolute discretion, to screen, edit or monitor any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Aviation Listeners.com may also use a third party to perform such screening, editing or monitoring. Any use of the Sites or the Services in violation of the rules set forth herein violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.

 

If you post User Content to the Sites, you grant Aviation Listeners.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, as well as the right to use the name that you submit in connection with such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

13. 12. Registration and Registration Data; Account Security - You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data") and to maintain the security of your password and identification. You further agree to maintain and promptly update the Registration Data, and any other information you provide to Aviation Listeners.com , to keep it accurate, current and complete. You accept all risks of unauthorized access to the Registration Data and any other information you provide to Aviation Listeners.com . Aviation Listeners.com reserves the right to refuse registration, or to refuse or limit access to the Sites and the Services, to anyone in its sole discretion for any reason or no reason.

14. 13. Export Restrictions - You are responsible for your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the government of the United States of America and other countries. You shall not, either directly or indirectly, export or re-export any of the Site Materials or Services to any country or national thereof that is prohibited by any applicable laws and regulations from obtaining such Site Materials and Services.

15. 14. Indemnification - You agree to defend, indemnify and hold harmless Aviation Listeners.com , its parents, subsidiaries, affiliates, contractors, service providers, consultants, and their respective directors, employees and agents, from and against all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you create, post, store or transmit on or through the Sites or from your use of or inability to use the Sites or the Services or your interaction with other users.

 

16. 18. Applicable Law and Venue - These Terms of Use and your use of the Sites and any Services shall be governed by and construed in accordance with the laws of Mexico, as if such agreements were made and to be entirely performed within Mexico, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in the City and County of Denver, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

17. 19. Termination - Notwithstanding any of these Terms of Use, Aviation Listeners.com reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites or Services, and to block or prevent future your access to and use of the Sites or Services.

 

 

PRIVACY POLICY

 

SCOPE

This privacy policy (“Policy”) applies to the collection, use, and disclosure of personal information by Aviation Listeners.com , Inc. or any of its subsidiaries or affiliates ("Aviation Listeners.com ", "we" or "us") when you use our Web sites operated by Aviation Listeners.com that link to this Policy including www.aviationlisteners.com and http://aviationlisteners.com/Joomla (the “Sites”), and the services associated therewith.  Please take a moment to read this Policy to learn more about our information practices. When you use the Sites you are interacting with a Mexico based company and the Sites are intended to meet the laws of Mexico.

 

CHANGES TO THIS POLICY

We reserve the right to change the provisions of this privacy policy at any time by posting the revised Policy on the Sites and indicating on the Policy the date it was last updated.  We encourage you to review this Policy whenever you visit our Sites to determine if any changes have been made and to make sure that you understand how personal information you provide will be treated.

 

PERSONAL INFORMATION

As used herein, the term “personal information” means information that specifically identifies an individual (such as user’s name, address, e-mail address, telephone number or other identifier that permits the physical or online contacting of a specific individual) or that is associated with an identifiable person (such as demographic information or information about a person’s activities when such information is linked to personally identifying information).  Personal information does not include “aggregate” information, which is data we collect about the use of the Sites or categories of Sites users, from which any personal information has been removed.  We collect aggregate data for a number of purposes, including helping us understand trends and user needs so that we can better consider new publications, products and services, and tailor existing publications, products and services to user desires. This policy in no way limits or restricts our collection of aggregate information.

 

COLLECTION OF PERSONAL INFORMATION

We may collect personal information in a number of ways when you visit our Sites or use the various services available on our Sites.  We may collect certain information you voluntarily provide to us which may contain personal information. For example, if you register for the Sites, we may collect your name, address, email address, telephone number, date of birth, and city and country and we may collect other demographic information that you provide. Personal information may also be collected if you purchase products or services using the Site or provide such information in your profile or in connection with leaving comments, posting content, sending an email or message to another user or participating in any interactive areas or features on the Sites.

In addition, from time to time we may collect demographic, contact or other personal or demographic information you provide in connection with your participation in surveys, contests, promotional offers and other activities on the Sites.

We may also receive information from third parties with whom we have business relationships. If we combine this information with the other personal information we have collected, this Policy governs our use and disclosure of such information.

 

USE OF COOKIES, IP ADDRESSES AND WEB BEACONS

The Sites and some services and advertisements on our Sites, may contain “cookies.”  A cookie is a piece of data that is stored on your hard drive and records your preferences and other data about your visit to the Sites. If we combine cookies with or link them to any personally identifiable information, we will treat this information as personal information; otherwise it is treated as and used in the aggregate. Clear gifs (also know as web bugs or web beacons) may also be used on the Sites or in emails relating to the Sites.  Clear gifs are small, invisible graphic images that allow the collection of certain information and monitor user activity on the Sites.  We use cookies, clear gifs, frames, server log analysis and other technology to customize your experience with our Sites.  Most internet browsers will allow you to erase cookies from your hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. If you block cookies, some portions of the Sites may not function properly.

We do not control cookies in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology.  We may also use a third party advertising company to display ads on the Sites.  These companies may use information about your visits to this and other web sites in order to provide advertisements on the Sites and other Web sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here.

 

USAGE AND DISCLOSURE OF PERSONAL INFORMATION

In general, we use personal information we collect to facilitate your use of the Sites, to provide you with information, products and services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to administer and assist us with the operation of the Sites and of our business, and for the purpose for which the information was provided. For example, we may use the information we collect to:

· customize your Aviation Listeners.com homepage;

· contact you about your use of the Sites, such as for administrative purposes or to provide you with customer service;

· provide you with the services, products or information you requested, process payments and complete any transactions in connection therewith;

· respond to your emails, submissions, comments, requests or complaints;

· contact you about our or a third party’s products, services, activities, events, promotions or offers and for other marketing, informational, product development and promotional purposes; and

· request feedback and to enable us to develop, customize and improve our information and services.

 

SHARING OF PERSONAL INFORMATION

If we collect any personal information, we share and disclose such personal information only as described in this Policy (as amended from time to time).  We may share personal information with third party vendors, consultants and other service providers who are engaged by or working with us in connection with the operation of the Sites or performing any services on our behalf.  For example, we may use a third party to screen certain content before it is posted to the Sites.  In addition, we may offer various features through a third party service provider.  When you use these services, you are providing information directly to the provider of these services, and the provision of such information is subject to such party’s own privacy policy. We are not responsible for any information you provide to these parties directly, and we encourage you to become familiar with their practices before disclosing information directly to such third parties with which you come into contact.

We also may disclose personal information when we are required to or we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this privacy policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our customers' rights, property or safety; to protect our customers from fraudulent, abusive, or unlawful use of our Site; or if we believe that an emergency involving the danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of personal information. In addition, information about our customers, including personal information, may be disclosed or transferred as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the Company.

The Sites may contain links to other sites, or other interactive forums hosted by a third party. Please be aware that although we may participate in or utilize such other sites, we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Sites and to read the privacy policies of any Web site that collects personally identifiable information. Similarly, if you entered the Sites through another Web site, we are also not responsible for the privacy practices of that site, and you should review the privacy policy of the originating site before providing any personal information to that site. This privacy policy applies solely to information collected by us.

Online Communities

 

The Sites may include certain online communities and other interactive features, such as user profiles, forums, message boards and chat rooms.  You may be asked to choose a user or member name and password in order to participate in certain features of the Services, which will be available to the general public while you participate in some features of the Services, such as the online communities.  Please do not use your real name.  Information you post in such public areas of the Sites is publicly available and may be viewed by and shared with other users. You can restrict user access to certain information through the privacy preferences setting on your account.  However, although we strive to use commercially reasonable efforts to implement these privacy preferences, no system or security measure is perfect or impenetrable.  You should always be cautious when giving out personal information to others in public online forums.  We are not responsible for protecting such information that you may disclose to third parties through the Sites (e.g. sending your contact information to another user through the chat service).

 

PROTECTING PERSONAL INFORMATION

We strive to protect personal information while it is under our control.  Your account information is accessible online only through the use of a password.  To help protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person.  You are responsible for all uses of the Sites by any person using your password.  Please advise us immediately if you believe your password has been compromised or misused.

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