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Conditions of use
TERMS OF SERVICE
www.manidoo.com (the "Site") and the services, products and materials offered thereon (the "Service") are provided to you by Manidoo.com, doing business as Manidoo Holdings ("Manidoo"), subject to the following Terms of Service (the "Agreement" or "Terms") and any operating rules or policies that may be published from time to time by Manidoo.
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND MANIDOO GOVERNING YOUR ACCESS AND/OR USE OF THE SITE. YOU MUST READ THESE TERMS IN THEIR ENTIRETY. If you do not agree to be bound by these Terms, please do not use this Site.
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND MANIDOO GOVERNING YOUR ACCESS AND/OR USE OF THE SITE. YOU MUST READ THESE TERMS IN THEIR ENTIRETY. If you do not agree to be bound by these Terms, please do not use this Site.
1. Changes to the Terms of Service
Manidoo may, in its sole discretion, change, add or remove any portion of these Terms at any time by posting new Terms of Service on the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes.
2. Modifications to the Site
Manidoo reserves the right, in its sole discretion, to terminate, suspend or change any aspect of the Site, including but not limited to content and availability. Manidoo may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
3. Privacy
Any personal information (for example, name, address, telephone number or e-mail address) that you transmit to this Site in accordance with our instructions will be governed by our Privacy Policy, which is incorporated into these Terms by reference.
4. Intellectual Property
Manidoo is a registered trademark of Manidoo Holdings. The logos, images, text, tools, graphics, marks, names, photographs, sounds, music, videos, illustrations, design elements, materials, code, scripts, software, User-Generated Content (as defined below) and interactive features displayed or posted on this Site are collectively referred to herein as "Content." This Site is owned and operated by Manidoo. With the exception of User-Generated Content, all right, title and interest in and to the Content and materials on the Site are owned or controlled by Manidoo or used with permission and are protected by intellectual property and other laws. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Content on the Site, including but not limited to the copyrights and trademarks displayed on the Site, without the prior written permission of Manidoo. Except as expressly authorized by Manidoo, any use, copy, reproduction, display, performance, modification or retransmission of Content is strictly prohibited.
5. Site Participation and Registration
This Site is designed to appeal to visitors over eighteen (18) years of age. You must be eighteen (18) years of age or older to submit personal information to us online.
In order to use certain Site services, you may be asked to provide us or our service providers with certain personal information. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate and complete. You are responsible for maintaining and updating such information regularly. You must not mask your identity by using false information, a false name or e-mail address, or another person’s name, information or e-mail address. If you provide any false, untrue, inaccurate, obsolete, or incomplete information, we may suspend or terminate your use of the Site and pursue any other legal remedies. If you have registered on the Site, you may discontinue Site registration by emailing us at manidoo@manidoo.com. You represent and warrant that you are the owner of, have the right to provide, and are responsible for any information or Content that you e-mail, post, upload, transmit or otherwise make available for access, viewing or use over this Site.
In order to use certain Site services, you may be asked to provide us or our service providers with certain personal information. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate and complete. You are responsible for maintaining and updating such information regularly. You must not mask your identity by using false information, a false name or e-mail address, or another person’s name, information or e-mail address. If you provide any false, untrue, inaccurate, obsolete, or incomplete information, we may suspend or terminate your use of the Site and pursue any other legal remedies. If you have registered on the Site, you may discontinue Site registration by emailing us at manidoo@manidoo.com. You represent and warrant that you are the owner of, have the right to provide, and are responsible for any information or Content that you e-mail, post, upload, transmit or otherwise make available for access, viewing or use over this Site.
6. Protection of Passwords
Registration for certain Site features may require you to select a unique username and/or password. You are responsible for maintaining the confidentiality of any usernames, passwords or other account information and you may not authorize others to use your username or password. You agree to notify us of any unauthorized use of your username, password, or other account information immediately after you become aware of such use, and you further agree to indemnify and hold Manidoo, its parents, subsidiaries and affiliates harmless from any claim, action or damages related to such unauthorized use. Although Manidoo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Manidoo or others due to such unauthorized use.
7. Restrictions on Use
Use of the Site and Content for any purpose not expressly permitted herein is prohibited. You may not exploit or use for commercial purposes this Site or Content, including by way of data mining, spiders, robots, or similar data gathering and extraction tools, without the express written consent of Manidoo. You may not collect or harvest any personally identifiable information or non-personally identifiable information, including account names, from the Site. You may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this Site other than as provided herein. You may print or download Content from this Site only for personal and non-commercial use, provided that you keep intact all Content, including any copyright, trademarks, service marks, or other proprietary notices and credit lines that appear with or on the Content when copying or downloading, and that you do not, unless otherwise provided herein, republish or redistribute the Content. Mandioo reserves all rights not expressly granted in and to the Site and Content.
You expressly agree not to engage in any activity or post any User-Generated Content or submit any information or material that:
interrupts, destroys, alters, damages, delays or limits the functionality or integrity of this Site or Content, including any associated software or hardware;
infringes on any patent, trademark, trade name, trade secret, service mark or name, copyright, trade secret, or other proprietary right of any third party, including right of publicity or privacy, without such party’s authorization;
manipulates identifiers or numeric information to disguise the origin of any visitor, device, material, Content or other information;
causes the forwarding of information that you do not own, have the right or authorization to provide, that is false or misdirected, or could damage Manidoo or any third party;
contains unauthorized advertising, advertises Manidoo as your own or solicits other visitors;
is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or any activities that may be construed as illegal or violating any law;
restricts or inhibits any other user from using and enjoying the Site or the Service; or
that is otherwise objectionable or violates Manidoo policies or these Terms.
You expressly agree not to engage in any activity or post any User-Generated Content or submit any information or material that:
8. Monitoring
You acknowledge and agree that Manidoo has the right, but not the obligation, to monitor any and all information transmitted to or received through the Service for operational and other purposes. During such monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring. Manidoo reserves the right to refuse to post to the Site, or to remove from the Site, any information or materials, in whole or in part, that in Manidoo’s sole discretion are objectionable or in violation of this Agreement.
9. Prohibitions on Framing and/or Posting
You are prohibited from (i) framing any portion of the Site; (ii) posting banners, advertising or other links on the Site pages; or (iii) using any Content or Site logos for purposes beyond personal use, without the express written permission of Manidoo.
You may encourage others to access the information appearing on the Site. You may also link to the Site homepage from another site or electronic communications, as long as the link does not imply or state any affiliation, connection, sponsorship or approval by Mandioo without our prior written approval. You may not bypass registered areas of the Site and hyperlink to pages protected by passwords.
You may encourage others to access the information appearing on the Site. You may also link to the Site homepage from another site or electronic communications, as long as the link does not imply or state any affiliation, connection, sponsorship or approval by Mandioo without our prior written approval. You may not bypass registered areas of the Site and hyperlink to pages protected by passwords.
10. User-Generated Content
This Site may now or in the future include opportunities for users to submit content, including without limitation, text, photos and videos, for hosting, sharing, and/or publishing on the Site ("User-Generated Content").
You are solely responsible for your own User-Generated Content and the consequences of posting or publishing it. You represent and warrant that you own or have the right to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any User-Generated Content to enable its inclusion and use in the manner contemplated by the Site and these Terms. If any User-Generated Content contains or depicts persons other than yourself, you represent and warrant that you have obtained from such person(s), the express written consent to submit the User-Generated Content and allow it to be used in any manner contemplated by these Terms.
You retain all ownership rights in your User-Generated Content. However, you grant Manidoo a worldwide, non-exclusive, royalty-free, sub-licensable, irrevocable and transferable license to access, use, reproduce, distribute, prepare derivative works of, display, and perform any information or materials that you post, upload or transmit to us, including User-Generated Content in connection with the Site, in any media formats and through any media channels without any payment or other consideration of any kind, or permission or notification, to you or any third party.
You understand that when using the Site, you may be exposed to User-Generated Content that is offensive, indecent, or objectionable. Manidoo and its parents, subsidiaries and affiliates are not liable to you for any claim relating to User-Generated Content, and expressly disclaim any and all liability in connection with User-Generated Content.
You are solely responsible for your own User-Generated Content and the consequences of posting or publishing it. You represent and warrant that you own or have the right to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any User-Generated Content to enable its inclusion and use in the manner contemplated by the Site and these Terms. If any User-Generated Content contains or depicts persons other than yourself, you represent and warrant that you have obtained from such person(s), the express written consent to submit the User-Generated Content and allow it to be used in any manner contemplated by these Terms.
You retain all ownership rights in your User-Generated Content. However, you grant Manidoo a worldwide, non-exclusive, royalty-free, sub-licensable, irrevocable and transferable license to access, use, reproduce, distribute, prepare derivative works of, display, and perform any information or materials that you post, upload or transmit to us, including User-Generated Content in connection with the Site, in any media formats and through any media channels without any payment or other consideration of any kind, or permission or notification, to you or any third party.
You understand that when using the Site, you may be exposed to User-Generated Content that is offensive, indecent, or objectionable. Manidoo and its parents, subsidiaries and affiliates are not liable to you for any claim relating to User-Generated Content, and expressly disclaim any and all liability in connection with User-Generated Content.
11. Electronic Communications
When communicating to Manidoo electronically through the Site or via e-mail, any personal information transmitted to us will be protected in accordance with our Privacy Policy.
This Site may now or in the future include opportunities for users to engage in e-mail, message and discussion boards, forums, instant messaging, chat rooms, or any other form of communication ("Communication"). Communication sent and received by members through the Service is reviewed by Manidoo. You represent and warrant that any Communication you send through the Service contains correct information and that you have accurately identified yourself in such Communication. You understand that when using the Site, you may be exposed to Communication that is offensive, indecent, or objectionable. Manidoo and its parents, subsidiaries and affiliates will not be liable to you for any claim relating to any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service.
This Site may now or in the future include opportunities for users to engage in e-mail, message and discussion boards, forums, instant messaging, chat rooms, or any other form of communication ("Communication"). Communication sent and received by members through the Service is reviewed by Manidoo. You represent and warrant that any Communication you send through the Service contains correct information and that you have accurately identified yourself in such Communication. You understand that when using the Site, you may be exposed to Communication that is offensive, indecent, or objectionable. Manidoo and its parents, subsidiaries and affiliates will not be liable to you for any claim relating to any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service.
12. Submissions
You acknowledge and agree that any and all material, ideas, suggestions, concepts, or information that you submit to Mandioo, including in connection with contests and promotions (collectively, "Submissions"), is and shall become the property of Manidoo. You understand and agree that you will not be entitled to any compensation or other consideration because of the use by Manidoo of any ideas, suggestions, concepts, or information that are similar or identical to your Submissions.
13. Merchants, Affiliates and Partners
Certain Site features, promotions, activities or information may be made available, sponsored or promoted by merchants, affiliates, partners, or service providers. Your correspondence or business dealings with, or participation in promotions of, such third parties, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations related to such dealings, are solely between you and such third party. Manidoo 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 third parties on the Site.
14. Sweepstakes, Contest and Promotions
Any sweepstakes, contest or similar promotion made available through the Site will be governed by specific rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or promotion, you will become subject to those specific rules, in addition to these Terms.
15. Disclaimer of Warranties
THIS SITE, THE SERVICE AND THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS. MANIDOO EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MANIDOO DOES NOT WARRANT (A) THAT THE SITE OR THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE; (B) THAT THE SITE, THE CONTENT, OR THE SERVICE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES; (C) THAT DEFECTS WILL BE CORRECTED; OR (D) THE QUALITY OR ACCURACY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL AVAILABLE ON OR THROUGH THIS SITE.
16. Limitation of Liability
The Site may contain links to third-party websites that are not owned or controlled by Mandioo. Mandioo has no control over, and assumes no responsibility for, the content, privacy polices, or practices of any third-party websites. By using the Site you release Manidoo, its parent companies, affiliates, subsidiaries and their respective directors, officers, employees and agents from any and all liability arising from your use of any third-party website.
IN NO EVENT SHALL MANIDOO, ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO THIS SITE OR CONTENT POSTED ON THIS SITE; (II) ANY FAILURE OR INTERRUPTION OF THIS SITE; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THIS SITE OR THE CONTENT AVAILABLE TO YOU; (IV) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT; (V) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED ON THIS SITE, INCLUDING ANY RELIANCE ON SUCH INFORMATION; (VI) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) YOUR FAILURE TO COMPLY WITH THESE TERMS OR THE OFFICIAL RULES OF ANY CONTEST OR PROMOTION CONDUCTED ON THIS SITE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF MANIDOO, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT.
IN NO EVENT SHALL MANIDOO, ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, OR THE MATERIALS AND FUNCTIONS RELATED THERETO, EVEN IF MANIDOO OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF MANIDOO TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.
IN NO EVENT SHALL MANIDOO, ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO THIS SITE OR CONTENT POSTED ON THIS SITE; (II) ANY FAILURE OR INTERRUPTION OF THIS SITE; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THIS SITE OR THE CONTENT AVAILABLE TO YOU; (IV) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT; (V) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED ON THIS SITE, INCLUDING ANY RELIANCE ON SUCH INFORMATION; (VI) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) YOUR FAILURE TO COMPLY WITH THESE TERMS OR THE OFFICIAL RULES OF ANY CONTEST OR PROMOTION CONDUCTED ON THIS SITE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF MANIDOO, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT.
IN NO EVENT SHALL MANIDOO, ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, OR THE MATERIALS AND FUNCTIONS RELATED THERETO, EVEN IF MANIDOO OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF MANIDOO TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.
17. Indemnifcation
You agree to defend, indemnify and hold harmless Manidoo, its parent companies, affiliates, subsidiaries and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted to the Site, including User-Generated Content or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of the Site and/or Service; (c) your breach of this Agreement; and (d) your access or use of the Site and/or Service. Manidoo has the right, but not the obligation, to assume at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Mandioo.
18. Termination
Manidoo may, in its sole discretion, terminate your password, account (or any part thereof), or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including but not limited to your violation of these Terms. You may terminate your membership hereunder upon thirty (30) days written notice by you to Manidoo of your intent to terminate this Agreement, or you may email manidoo@manidoo.com.
19. Site Statements and Opinions
The Site may contain facts, views, opinions and statements of Manidoo, its parents, subsidiaries, affiliates, employees, agents or independent third parties. We do not represent or endorse the accuracy, reliability or truthfulness of any advice, opinion, statement or other information or Content displayed on or distributed through our Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk.
20. Copyright Infringement Concerns
Manidoo reserves the right in its sole and unfettered discretion to remove any Content from the Site that it believes infringes or potentially infringes the copyrights of others. If you believe in good faith that Content or other information appearing on this Site infringes on your copyright, you (or your agent) may send us a notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of 1998 (DMCA). Notices should be sent to our designated agent: Manidoo Holdings, 167 Cherry St. PMB 292, Milford, CT 06460-3400, Attention: Manidoo.com, email: manidoo@manidoo.com, Fax: 203-484-1212.
21. Choice of Law; Forum
This agreement shall be governed by and in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Any controversy involving Manidoo arising from or in any way related to these Terms or your use of the Site shall be resolved individually, without resort to any form of class action, and heard in the appropriate State or Federal court in New York. You irrevocably consent to the jurisdiction of such courts.
22. General Provisions
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. The failure by either you or Manidoo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These terms, including any posted restrictions and guidelines, comprise the entire agreement between you and Manidoo and supersede all prior agreements between the parties, regarding the subject matter contained herein. The representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Service and this Agreement. The section headings contained in this Agreement are inserted as a matter of convenience and shall not form a part thereof to be used in any manner to construe any clause or clauses of this Agreement.
Manidoo.com
167 Cherry St. PMB 292,
Milford, CT 06460-3400
The Copyright for this Site is held by Manidooo.com.
All rights reserved.
Manidoo.com
167 Cherry St. PMB 292,
Milford, CT 06460-3400
The Copyright for this Site is held by Manidooo.com.
All rights reserved.
