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User Agreement
 

Welcome to FashionAvenue.com - a vibrant social network website (the space for registered users to store and share their original thoughts, pictures, videos, music etc. with their friends and fans). Each blog is a personal blog created by a registered individual member (known as a 'user' of the space on FashionAvenue.com) and is responsible to update and maintain it. An individual member take the total responsibility for the contents (copyrights) used in the blogs by him or her.

 

This member agreement will walk you through terms and conditions applicable to your use and access of our services. You must read, agree and accept our 'User Agreement' and 'Privacy Policy' before signing-up as a user. By registering and accepting our user agreement, you agree to be bound by rules laid out for appropriate use of our services – all terms and conditions of this agreement, policies and guidelines incorporated by reference on FashionAvenue.com.

 

FashionAvenue.com is the space that allows you to create your space to share thoughts, pictures, videos, music with friends and fans. The services offered by FashionAvenue.com ("FashionAvenue.com" or "we") include the FashionAvenue.com website (the "FashionAvenue.com Website"), and any other features, content, or applications offered from time to time by FashionAvenue.com in connection with the FashionAvenue.com Website (collectively, the "FashionAvenue.com Services"). The FashionAvenue.com Services are hosted in the U.S.A.

 

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the FashionAvenue.com Services. By using the FashionAvenue.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the FashionAvenue.com Website) or you are a "Member" (which means that you have registered with FashionAvenue.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the FashionAvenue.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.

 

We reserve the right to amend the user agreement without prior notice except the privacy policy, where registered users will be given thirty day notice before it goes into effect. These amendments are necessary for the safety, security and smooth operation for Users. A new and revised user agreement will automatically constitute its acceptance by all users. Please check our announcement board for such changes.

 

Once you become a User on FashionAvenue.com, you are bound to accept terms of our user agreement and privacy policy. It voids any prior user agreement/contract between Users and FashionAvenue.com. This user agreement supplements any other user agreement/contract agreed to by Users as a condition to the use of the FashionAvenue.com web site. All Users acknowledge and agree to the terms and conditions set forth in this agreement.

 

Welcome to FashionAvenue.com - social network website (a space for the registered users to share their original thoughts, pictures, videos, music and more with friends and family members or new fans).

 

This member agreement will walk you through terms and conditions applicable to your use and access of our "Blogging" services. You must read, agree and accept our 'User Agreement' and 'Privacy Policy' before signing-up as a user. By registering and accepting our user agreement, you agree to be bound by rules laid out for appropriate use of "Blogging" services – all terms and conditions of this agreement, policies and guidelines incorporated by reference on FashionAvenue.com.

 

FashionAvenue.com is a space that allows members to create unique blogs in order to share thoughts and pictures with others. The services offered by FashionAvenue.com ("FashionAvenue.com" or "we") include the FashionAvenue.com website (the "FashionAvenue.com Website"), and any other features, content, or applications offered from time to time by FashionAvenue.com in connection with the FashionAvenue.com Website (collectively, the "FashionAvenue.com Services"). The FashionAvenue.com Services are hosted in the U.S.

 

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the FashionAvenue.com Services. By using the FashionAvenue.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the FashionAvenue.com Website) or you are a "Member" (which means that you have registered with FashionAvenue.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the FashionAvenue.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.

 

We reserve the right to amend the user agreement without prior notice except the privacy policy, where registered users will be given thirty day notice before it goes into effect. These amendments are necessary for the safety, security and smooth operation for Users. A new and revised user agreement will automatically constitute its acceptance by all users. Please check our announcement board for such changes.

 

Once you become a User on FashionAvenue.com, you are bound to accept terms of our user agreement and privacy policy. It voids any prior user agreement/contract between Users and FashionAvenue.com. This user agreement supplements any other user agreement/contract agreed to by Users as a condition to the use of the FashionAvenue.com web site. All Users acknowledge and agree to the terms and conditions set forth in this agreement.

 

(1) Social Network Website: Users must read and understand our user agreement and privacy policy before registering. Users must become a registered members before using our services. FashionAvenue.com offers a platform to facilitate users to write their original thoughts and share their original pictures with others.

 

(2) Space: FashionAvenue.com is a space to share original thoughts and pictures with others. Users take a total responsibility for using a space on FashionAvenue.com. No other activity is allowed. The misuse of our space for any purpose will be a violation and your membership is subject to  termination immediately without notice.

 

(3) Membership Qualification: Memberships are strictly limited to Users who irrevocably accept our user agreement and privacy policy and agree to form a legally binding contract within the framework of an applicable law. Users must be minimum 13 years of age or more to qualify.

 

(4) Registration Obligations: Registration is necessary to operate our system within the framework of the user agreement and privacy policy. Unregistered members are not welcome. You must register as a User using our system and agree to our user agreement and privacy policy.

 

(5) Free Space: FashionAvenue.com is a venue where you can share your thoughts with other creatively inspired people. We offer the space on our Website to responsible users free of any cost.

 

(6) Independent Contractors: Users are separate entities and they are independent contractors. Neither FashionAvenue.com nor Users are agents or representatives or partners of the other. No partnership, agency, alliance, joint venture, employee & employer relationship, franchiser & franchisee relationships are created or intended out of using our space. Business relations with all types of  Users will end and contracts with them will be void in case of the transfer of ownership of the company.  In case of any questions or actions arising out of this agreement, Users hereby irrevocably consent to the exclusive jurisdiction of the State of Connecticut. This agreement will be interpreted and construed in accordance with the Connecticut State law.

 

(7) Content: FashionAvenue.com is viewed by family members including children. Users are not allowed to post text, pictures, information and material that is of adult content in any forms. Such contents will be removed immediately without users being notified. Your account can also be suspended without notice to you for the violation.

 

(8) Members' Conduct: Users are required to use our user agreement and privacy policy as a guideline for good conduct. Users must respect each other's confidentiality while transacting online on our Website. Guidelines include but are not limited to (1) Users must read, interpret, understand and accept and agree to our user agreement and privacy policy before they sign up on our Website. (2) Users are required to provide their valid identification information. (3) Users assume a personal responsibility for posting text and pictures on FashionAvenue.com. (5) Users must not violate copyright rights of others.(8) Users are never allowed to use abusive language with other users  Disciplinary action may be taken against abusers and it may result in the termination of their accounts.

 

(9) Suspension or Termination: FashionAvenue.com reserve the right to use  discretion to terminate users' accounts, passwords or part of accounts, use of the total service or part of services, remove any contents or part of contents, pictures and information. We also reserve the right to ban users from accessing and using our services without giving prior notice. Services will be terminated for all types of Users in case of the transfer of ownership of FashionAvenue.com. Services will also be terminated for all types of Users for any reasons without notice. FashionAvenue.com will owe nothing to Users except the balance amount for the unused services. Such actions are taken to increase safety, security and discipline. FashionAvenue.com will not be liable legally in any way to users when we terminate their services without giving notice in advance and do not allow users to access our services further.

 

(10) Dispute Resolution: Most disputes are the result of simple misunderstanding between Users. Disputes may have several reasons. Users are required to mutually resolve disputes within the framework of the user agreement.

 

For any reason, when users have disputes with other users or owners of intellectual properties, Users agree to release FashionAvenue.com and every employee of our company, officers, executives, agents, friends, directors, subsidiaries, joint ventures, national and international affiliates from claims, demands and damages (actual and consequential) of every kind in nature, known and unknown, expected and unexpected, suspected and unsuspected, disclosed and undisclosed, arising out of such disputes.

 

(11) Communication: Users may communicate with one another using our features. They may also communicate with each other in our ‘community’ section and exchange related questions and answers. In either section, users are not allowed to exchange their contact information.

 

(12) Interference: Users are not allowed to use automatic device, robot, spider, indigenously developed method or manual techniques to access our Web pages. Users will not design and develop a hardware or software that may create interference with our day-to-day operations. Our system operates based on the calculated loads. Any actions by users that bring extra load may crash our system’s operations and that will never be tolerated. Users will respect the use of information on our Website within the framework of the user agreement and agree to avoid any actions that may cause disturbances.

 

(13) Privacy: Your personal information is an asset to us. We collect your personal  information when you sign up as a new user. You must read our privacy policy before disclosing your personal information. We do not sell, rent or lease your private information to the third parties except our payment service providers. The information that you provide us about you is used according to our privacy policy. Our secured servers protect your information all 24 hours.

 

(14) Remedies, Responsibility & Indemnification: In the event of a termination of membership for reasons other than a material breach of the agreement, the user agrees to accept only a prorated refund of the fee If paid by users for using our services. Users hereby waive all claims for any damage resulting from the termination of the membership. Users further agree that the maximum liability of FashionAvenue.com in the event of the termination of membership or in the event of their breach of the agreement, will in no event exceed the total fees paid by users for using our services.

 

(15) Proprietary Rights in Content on FashionAvenue.com: FashionAvenue.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post on the FashionAvenue.com. After posting your content to the FashionAvenue.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the FashionAvenue.com Services, you hereby grant to FashionAvenue.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the FashionAvenue.com Services.

Without this license, FashionAvenue.com would be unable to provide the FashionAvenue.com Services. For example, without the right to modify Member Content, FashionAvenue.com would not be able to digitally compress files that Members submit or otherwise format content to satisfy technical requirements, and without the right to publicly perform member content, FashionAvenue.com could not allow Users to view to content posted by Members. The license you grant to FashionAvenue.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to FashionAvenue.com), fully-paid and royalty-free (meaning that FashionAvenue.com is not required to pay you for the use on the FashionAvenue.com Services of the Content that you post), sublicensable (so that FashionAvenue.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the FashionAvenue.com Services), and worldwide (because the Internet and the FashionAvenue.com Services are global in reach). This license will terminate at the time you remove your Content from the FashionAvenue.com Services. The license does not grant FashionAvenue.com the right to sell your Content, nor does the license grant FashionAvenue.com the right to distribute your Content outside of the FashionAvenue.com Services.

You represent and warrant that: (i) you own the Content posted by you on or through the FashionAvenue.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the FashionAvenue.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the FashionAvenue.com Services.

The FashionAvenue.com Services contain Content of FashionAvenue.com ("FashionAvenue.com Content"). FashionAvenue.com Content is protected by copyright, trademark, patent, trade secret and other laws, and FashionAvenue.com owns and retains all rights in the FashionAvenue.com Content and the FashionAvenue.com Services. FashionAvenue.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the FashionAvenue.com Content (excluding any software code) solely for your personal use in connection with viewing the FashionAvenue.com Website and using the FashionAvenue.com Services.

The FashionAvenue.com Services contain Content of Users and other FashionAvenue.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the FashionAvenue.com Services.

Content Posted: FashionAvenue.com may delete any Content that in the sole judgment of FashionAvenue.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. FashionAvenue.com assumes no responsibility for monitoring the FashionAvenue.com Services for inappropriate Content or conduct. If at any time FashionAvenue.com chooses, in its sole discretion, to monitor the FashionAvenue.com Services, FashionAvenue.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the FashionAvenue.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. FashionAvenue.com does not endorse and has no control over the Content. Content is not necessarily reviewed by FashionAvenue.com prior to posting and does not necessarily reflect the opinions or policies of FashionAvenue.com. FashionAvenue.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content/Activity Prohibited: The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the FashionAvenue.com Services. FashionAvenue.com reserves the right to investigate and take appropriate legal action against anyone who, in FashionAvenue.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the FashionAvenue.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of FashionAvenue.com:

  1. Your content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

  2. Your content that harasses or advocates harassment of another person.
  3. Your content that exploits people in a sexual or violent manner.
  4. Your content that contains nudity, violence, or offensive subject matter or contains a link to an adult website.

  5. Your content that solicits personal information from anyone under 18.
  6. Your content that provides any telephone numbers, street addresses, last names, URLs or email addresses.

  7. Your content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.

  8. Your content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.

  9. Your content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming".

  10. Your content that contains restricted or password only access pages or hidden pages or images those not linked to or from another accessible page.

  11. Your content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

  12. Your content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.

  13. Your content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

  14. Your content that includes a photograph of another person that you have posted without that person's consent.

  15. Your content for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the FashionAvenue.com Website and through your use of the FashionAvenue.com Services. FashionAvenue.com reserves the right to investigate and take appropriate legal action against anyone who, in FashionAvenue.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

  2. Advertising to, or solicitation of, any Member to buy or sell any products or services through the FashionAvenue.com "Message Services." You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the FashionAvenue.com Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, FashionAvenue.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which FashionAvenue.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the FashionAvenue.com Services, you acknowledge that you will have caused substantial harm to FashionAvenue.com, but that the amount of such harm would be extremely difficult to ascertain.

  3. Covering or obscuring the banner advertisements on your personal profile page, or any FashionAvenue.com page via HTML/CSS or any other means.

  4. Any automated use of the system, such as using scripts to add friends or send comments or messages.

  5. Interfering with, disrupting, or creating an undue burden on the FashionAvenue.com Services or the networks or services connected to the FashionAvenue.com Services.

  6. Attempting to impersonate another Member or person;
  7. For band profiles, copying the code for your FashionAvenue.com Player and embedding it into other profiles or asking other Members to embed it into their profiles.

  8. Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account.

  9. Selling or otherwise transferring your profile;
  10. Using any information obtained from the FashionAvenue.com Services in order to harass, abuse, or harm another person.

  11. Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the FashionAvenue.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose.

  12. Using the FashionAvenue.com Services in a manner inconsistent with any and all applicable laws and regulations.

(16) Copyrights: Users must own copyrights of all material being posted by them on FashionAvenue.com. Users are not allowed to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without a written permission from the owners of such intellectual properties. Any organization or individual designer, artist or craftsmen, if you believe that your work has been copied and posted on the FashionAvenue.com in a way that constitutes copyright infringement, please provide our Legal Department with the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest (2) A description of the copyrighted work that you claim has been infringed. (3) A description of where the material that you claim is infringing is located on FashionAvenue.com. (4) your address, telephone number, and email address. (5) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact our Legal Department, FashionAvenue.com, Inc., 163 South Street # 52, Danbury, CT 06810.

 

Users bear the sole responsibility for any legal liability arising out of infringement of trademark or copyright law for posting copyrighted material - text, pictures or video on FashionAvenue.com and agree to indemnify, defend and hold FashionAvenue.com and its officers, directors, agents, affiliates, distributors, franchises, and employees harmless from or against any and all liability, losses, damages, claims, or cause of action, including legal fees (including, without limitation, attorney fees), and expenses that may be incurred by FashionAvenue.com - this includes the product displays, text material, content, graphics, images, captions or breach of any of the foregoing representations and warranties. User must acquire a necessary license to use text or pictures before using our space on FashionAvenue.com.

 

FashionAvenue.com will notify users of any claims, actions or demands for which indemnity is claimed by anyone at any time. We reserve the right to participate fully and assume joint control of the defense of any action. Users’ counsel or lawyer defending such action shall be subject to our written approval. The settlement shall be subject to our written approval.

 

(17) Reservation Of Rights: All users grant us national & international, non-exclusive, royalty free, irrevocable, perpetual rights for publishing pictures and information of their items listed for sale. We reserve the right to publish information & pictures of items listed by Users on our Website in any possible forms in the currently known and future’s unknown media. You grant us non-exclusive rights to publish your material – of which you are the sole copyright owner.

 

(18) No Endorsement: Users hereby covenants and agrees not to state or imply in its advertising or on its Web site that FashionAvenue.com endorses their items, services or offers. Use of the FashionAvenue.com in any form on promotional display or Web site or publicity by users is subject to the receipt of prior written approval.

 

General Release: The user agreement is designed for safety, security and to build the trust among Users – this agreement is between you as a user of FashionAvenue.com and FashionAvenue.com Website and shall be governed by the Connecticut State laws irrespective of the location from where you access and use our services. If for any reasons - any provision of this agreement is proved invalid or unenforceable then the rest of the provisions shall be enforced. This user agreement governs your use of our Web site. It voids any prior user agreement/contract between you  as a user and FashionAvenue.com Website. This user agreement supplements any other user agreement/contract agreed to by users as a condition to the use of the FashionAvenue.com Website. All users acknowledge and agree to the terms and conditions set forth in this agreement before using our services.  When you use our affiliate services or third party contents, additional terms and conditions may apply. The operations of our Website may not be or cannot be uninterrupted. Therefore, we do not guarantee uninterrupted, continuous and secured services all the time. There are many factors that are not under our control and that influences the operation of the services we provide to our users that is you. We reserve right to assign this agreement to a third party in case of merger or acquisition. Our failure to react to a breach of the agreement by you or by third parties does not waive our rights to act with respect to similar subsequent breaches.

 
Disclaimer:

UNDER NO CIRCUMSTANCES SHALL FASHIONAVENUE.COM BE LIABLE TO THE USERS WITH RESPECT TO ANY MATTER, FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FASHIONAVENUE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), LOST PROFITS, ARISING OUT OF BUSINESS BETWEEN USERS AND FASHIONAVENUE.COM. FASHIONAVENUE.COM EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF INFRINGEMENT. IN ANY EVENT, THE USERS AGREE THAT IN NO EVENT SHALL FASHIONAVENUE.COM BE LIABLE TO THE USERS FOR MORE THAN THE TOTAL AMOUNT PAID.

 

FASHIONAVENUE.COM DOES NOT MAKE ANY REPRESENTATIONS OF ANY KIND AND EXPRESSLY DISCLAIMS ALL THE WARRANTIES, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO USING OUR SPACE. THIS INCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING OUT OF THE BUSINESS RELATIONSHIP OR FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

FASHIONAVENUE.COM DISCLAIMS ALL THE REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, ARISING OUT OR CONCERNING ANY CLAIMS AS TO THE NUMBER OF VISITORS OR PERSONS WHO MAY CLICK OR HAVE CLICKED ON USERS’ ITEMS IN SHOPPING AREA. FASHIONAVENUE.COM ALSO DISCLAIMS ALL THE WARRANTIES, EXPRESS OR IMPLIED, CONCERNING OR RELATED TO THE BENEFIT THE USERS MAY OBTAIN BY DOING BUSINESS WITH OR HAVING ANY KIND OF BUSINESS ON FASHIONAVENUE.COM.

UNDER NO CIRCUMSTANCES SHALL FASHIONAVENUE.COM BE LIABLE TO THE USERS WITH RESPECT TO ANY MATTER PERTAINING TO THE LOST REPUTATION/GOOD WILL OF YOUR BUSINESS FROM UNSEEN AND UNEXPECTED EVENTS OR SITUATIONS ON FASHIONAVENUE.COM. FASHIONAVENUE.COM DISCLAIMS ALL THE WARRANTIES, EXPRESS OR IMPLIED, FOR STATEMENTS MADE FOR THE ADVERTISING PURPOSES.

FASHIONAVENUE.COM DISCLAIMS ALL THE WARRANTIES, EXPRESS OR IMPLIED, FOR THE PERFORMANCE, FUNCTIONALITY OR OPERATIONS OF THIS WEB SITE. THIS ALSO INCLUDES THE FAILURE OF THE SYSTEM OPERATIONS OR FAILURE OF THE CLICK THROUGH FOR TECHNICAL OR NON-TECHNICAL REASONS.

 
 
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