Terms of Service
Preamble:
OK, OK so this is not an original idea . I mean businesses/organisations have Terms of Service, but on a personal web site? Well not my original idea, it is however the original idea of James S. Huggins. Yet again this special and unique individual has inspired me and motivated me . To see the original idea , take a stroll over here James S. Huggins Terms of Service . I have taken the original as a role model for my own and extend my appreciation to James for allowing me to do so.
So what is this about?
In a nutshell, this page sets out the Terms of Service for all the webrings I manage.
No more, no less.
What are the rules?
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Follow the Rules
You must meet these rules to be a member of the webrings I own in the WebRing.com system.
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Meet the Webring "Theme"
In order to qualify for membership in my webrings, you must meet the "theme" of the webring. I describe these themes on the Hub/List pages of each webring.
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Have a Description that Clearly "Fits" the Webring "Theme"
In order to qualify for membership in my webrings, your description must clearly show how your site meets the "theme" of the webring.
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Use the HTML Code I send you
You must use the HTML Code I send you NOT the system generated HTML. If you nominate the same URL which already has the system generated JavaScript for other ring membership, the NavBar for my ring/s will show twice; once in the JavaScript stack and once as a result of the HTML code I send you. If this is unacceptable to you please consider another page on your site for my ring/s. Those itty bitty WebRing.com Programmers can't seem to work out how to drop the navbar from the JavaScript stack if the HTML code
is on the same page. Go figure!
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Put the HTML Code on the Registered Page
You must put the webring HTML code hat I send you on the registered page. You must register the page that will contain the HTML code that I send you for the webring controls. The system must show your membership as "Pass". Any other result is not acceptable.
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Link the Registered Page on Your Site
It is OK to use a separate page for your webring navbars. But, if you do, you must have a way for the casual visitor to your site to get to that page. Webring visitors should be able to find your main page. And visitors to your main page should be able to find your webrings.
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Do Not Register "Multiple Pages" in One Site
If you have created a site that has several great pages, do not submit multiple registrations for those pages. Instead, submit one registration for your whole site.
Webrings are designed to link "sites", not
to link "multiple pages" within one site.
Especially, do not do this when each of your pages
is loaded down with affiliate links and advertisements.
That is pretty clear that you are using a teeny tiny
bit of content to try to drive affiliate revenue.
I do not permit this in my webrings
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If Your Site Is Commercial.
That is OK for some of my rings. These rings will clearly tell you this on the ring Hub Page in the description. However your business must relate to the ring theme.
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Do Not Submit "Adult" Sites
All my rings are listed in the General section of the WebRing.com Directory, therefore none of my webrings admit "adult" sites, or sites with links to adult sites. Or sites which belong to rings which are of adult nature. Period.
I manage some rings which are specifically "art" related. These rings permit some artistic nudity.
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Do Not Submit Sites with "Hate" Content
None of my webrings admit sites featuring "hate" content realted to terrorisum and/or religeon.
Do not misunderstand. I'm not opposed to open, intelligent criticism of behaviors and policies and practices. But hate is a different matter altogether. Granted we may have a difference of opinion, however my decision will be final and no correspondence will be entered into. And anyway there are heaps of rings in that cluttered ol' WebRing.com system to choose from.
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Do Not Submit Sites with Animal Cruelty
None of my webrings admit sites featuring animal cruelty.
Do not misunderstand. I'm not a PETA supporters. I do not classify eating beef or chicken or keeping a pet dog or walking in leather shoes as "animal cruelty". But real animal cruelty is something else. Granted we may have a difference of opinion, however my decision will be final and no correspondence will be entered into. And anyway there are heaps of rings in that cluttered ol' WebRing.com system
to
choose from.
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Don't Submit Your Webring to My Webring
None of my webrings admit other webrings. It is OK to promote your own webrings on the page that joins mine, but it must be your site that joins my webring, not your webring that joins my webring.
I want surfers through mywebrings to find something more than just another webring to surf. So, instead of submitting your webring, submit your site. Let me emphasise here: it is OK for webrings to cross-pollinate or intertwine around each other. That happens when my webring navbar appears on the same page as another webring navbar. That is even good. But I want the substance of the page to be about something more than just another webring. I want webrings to cross-pollinate and intertwine around actual content. Finally, some webmasters are submitting their webrings as sites because they do not know how to make entire stacks of navbars appear. James S. Huggins has a page that explains how.
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Do Not Register Your Ringmaster Profile Page
I do not permit Ringmaster Profile Pages to join myr rings.
There is nothing wrong with Ringmaster Profile Pages. But, if I'm not careful, all webrings could become just memberships of other Ringmaster Profile Pages without actually linking real websites to anything. If you have customised your Ringmaster Profile Page there is a webring just for you: Promote Your Profile.
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- Do Not Submit Directories or Link Lists
If my webring theme is "Weimaraners", your site must be more than just links to search engines about "Weimaraners" or lists of links to or a directory of other "Weimaraner" sites. Your site must have some content about Weimaraners. - Do Not Submit "Top Site" Pages
None of my webrings admit "Top Site" pages. There maybe the occasional exception but this is strictly at my discretion.
There is nothing wrong with "Top Site" pages. But I don't let webrings join mywebrings, I don't let directory lists join my webrings and I don't let "Top Site" pages join my webrings. All of these are just lists of other pages, which have a list of other pages join other list of pages doesn't seem to make much sense to me. Webring surfers want to jump to sites, not to other directories
of other
directories of other directories . . . .
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- Do Not Submit Reciprocal Link Directories
None of my webrings admit reciprocal link directories.
Read this and see why.
- Do Not Require "Login"
None of my webrings admit sites which require "login" of any kind. If you require login your site is not admissible.
Sites which require login cannot be "surfed" through a webring. It is OK to have a "members only" section that does require login. But your site must have value to the webring surfer who does not choose to join.
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- Don't Submit a Catalogue PageSuppose I have a webring for cats. Don't submit a page that is nothing more than your catalogue of cat posters or cat toys or cat theme gifts. This is especially true if that catalogue is just a set of affiliate links.
Don't get me wrong, I don't object to affiliate programs. I participates in affiliate programs. But I expect you to register something more than just a page of affiliate products.
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- Don't Have "Automatic Pop-Ups"
Pop-up windows are OK if the user clicks to request them. New windows are OK if the user clicks to request them. But don't have pop-ups (or new windows) that pop-up or launch automatically. I hate those. I really, REALLY hate those. - Make Your Site "Work" Without Flash
It must be possible to view and navigate your site without installing Flash. Although I will bend this rule sometimes. Not always, just sometimes. - Don't Bother Me With Sound
"Sound" or "music" is OK, but you must provide an easy to use way for me to shut it down and turn it off. - Don't Maximize My Window
I surf with windows not maximised. If I want to maximise them, I'll do that myself. Don't do that for me.
Do not try to manage my desktop. It is mine.
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- Don't Submit "Temporary" Sites
None of my webrings admit sites which are intentionally "temporary". - Do Not Use Advertising Autoresponders for Your Registered Membership Email Address
You must not use an advertising autoresponder for your membership Email. Period.
Some newbies in the webring world use an autoresponder Email address as their registered Email address. Then they set up this address to autorespond with an Email containing a ton of affiliate links. That way, whenever you write them, you get back an advertising Email. This is dumb. Really dumb. The only people who can use your registered Email address are (a) the WebRing system itself and (b) the RingMasters of the webrings you join.
Your autoresponder isn't going to generate any traffic or any dollars. It is just going to piss off the RingMasters and the operators at the system. Don't do this. If you do this, I will suspend your membership in my webring until you correct it. Oh hell I will just pain delete it.
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Get Me to Like Your Your Site
In addition to all other rules, I must like your site. If for some personal reason I do not like your site, I have the right to deny your membership in any or all of my webrings. I also have the right to deny your membership if I don't like you, or if I don't like your ISP, or if I don't like your web host, or if I ran out of cereal this morning. In fact, I have the right to deny your membership for any reason, or even for
no reason.
There
are plenty of webrings in the same category cluttering the WebRing.com system, go join one of them. -
Keep Your Registered Email Working
In order for me to be able to reach you, your registered Email must work. It must not only be "legal", it must accept mail. It must also accept attachments, this is how you will get yout HTML code. That means the mailbox can't be full and it can't bounce my mail as "spam". If you change your Email address you must update your user information at the WebRing.com system to have your new Email address. If my
Email
to you
bounces, I will suspend you until you correct it. That is true regardless of the reason for the bounce. Oh hell I will just plain delete it. -
Expect Me to Email. You
From time to time, I may Email members of my webrings to provide:
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Information about the webring you belong to,
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Information about your membership status,
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Announcements of changes in my Terms of Service,
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Announcements about new webrings I have created or adopted,
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Information about new features,
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News related to the WebRing.com system, and
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For similar purposes.
Don't get upset when I do that. By joining my webring you are explicitly "opting-in" to receive my mailings. If at any time you decide not to continue to receive my mailings, just remove your membership from my ring.
- Expect to Get Duplicate Mailing
At the present time, there is no way for us to eliminate "duplicate mailings". If you belong to more than one of my webrings, and if I send the same message to all of my webrings, you will receive more than one copy of these mailings.
James S. Huggins has requested that the WebRing.com system implement a way to eliminate these duplicates, but to date, nothing is available. It is possible that a recently announced change to the system, called the WebRing.com alert/mail system, will change this. See
http://dir.webring.com/h/status20031016.
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- If You Are Suspended, Expect Email.
If your site becomes suspended, I may Email you every day to let you know its status has changed, to offer advice on how to restore it to active status, and for similar purposes. Or I may just delete you. - You Promise Not to Ask Me to Delete Your Membership
You signed up. You got a WebRing System User ID. You applied to my webring. When you decide you want out you promise not to write and ask me. Instead, you will log in and delete yourself.
This is another of our pet peeves. Joining a webring creates a responsibility. One of those responsibilities is to remove your membership when you decide to leave. That is to say, you click on the "Leave This Ring" link. It does not mean you remove the Javascript code from your page. If you do this and at some later stage you decide to join my rings again, I will not approve your application. By removing the code you shift
your responsibility onto me and I do not accept your offer of this shift.
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- I Don't Have to Tell You Why
While I may, and generally do, advise members of why I have denied membership, and while I may, and generally do, advise what action may be taken to obtain membership, I don't have to. I have the right to deny membership without any explanation whatsoever.
I normally explain such things. I really do. But I've had to deal with applicants who repeatedly apply or who get angry with my explanation or who threaten to make a federal case out of it. I just need an out to deal with such problems.
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- I Don't Have to Review on a Schedule
While I may, and generally do, review membership applications at least once a week, I don't have to. I have the right to take an indeterminate length of time to review such membership applications. In fact, if I want to, I have the right to just stop reviewing such membership applications without telling anyone when I'll start again.
I do work diligently to stay on top of these applications. But if you take a look at the list of webrings we own, you can easily understand why it might take me a bit of effort and why I might occasionally get behind.
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I Can Delete This Webring Whenever I Want To
This webring is mine. All mine. Only mine. Period. End of story. If I want to delete it, I can. I don't have to notify you. I don't have to put it up for adoption. And I can delete it any way I want to. It is mine. -
I Can Update These TOS
I have the right to update these Terms of Service from time to time without notice to you. You can review the most current version of these Terms of Service at any time at http://www.britfeld.com/rings/tos.htm .
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I'm Not Responsible for Diddly
You understand and agree that I provide my webrings "AS-IS" and that I assume no responsibility for the timeliness, deletion, mis-delivery or failure to store or respond to any user communications or personalisation settings. -
I Have a Privacy Statement
All information you send to me is subject to the terms of my Privacy Statement. For more information, see my full privacy statement at http://www.britfeld.com/privacy.htm.
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I Can Screen Objectionable Material
You acknowledge that I can notprescreen all Content on member sites, but that I have the right to refuse any membership that violates these Terms of Service, or is, in my sole decision, objectionable in any way, or that I just don't like for some reason.
I've tried to be very clear about all the things that can disqualify membership. But, just in case I've missed something, this is my "safety net".
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- You Get to Bear All the Risks
You agree that you must evaluate, and bear all risks associated with, your applications for membership in any of my webrings.
- You Indemnify Me from Third Parties
You agree to indemnify and hold me, and my corporations, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through my webrings, your use of my webrings, your connection to my webrings, your violation of these Terms
of
Service,
or your violation of any rights of another.
By the way, before you think I'm totally nuts, check out the WebRing.com Terms of Service in the Indemnity paragraph. Where do you think I got this one?
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- You Won't Complain About Me If I Comply
You agree not to complain about me or to report me to the WebRing.com system (WebRing.com) if I have abided by these Terms of Service. (Of course, since these Terms of Service mean I can do virtually anything I want, you are agreeing not to complain about me or to report me at all!) - I Get to Change Things Whenever I Want
I reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of these webrings (or any part thereof) without any notice whatsoever. (Of course, I can give notice if I want, but I don't have to.) You agree that I shall not be liable to you or to any third party for any modification, suspension or discontinuance of these webrings.
- I Get to Stop Whenever I Want
You agree that I, in my sole discretion, may terminate your membership in any of the webrings I manage, and remove and discard any content within such webrings, for any reason, including, without limitation, for lack of use or if I believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. I may also in my sole discretion and at any time discontinue providing these webrings,
or any
part
thereof, with or without notice. You agree that any termination of your access to these webrings under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that I may immediately deactivate or delete your membership in such webrings and all related information and files related to such membership and/or bar any further access to such files or the membership. Further, you agree that I shall not be liable to you or any third-party for any termination of your access
to these webrings.
- I'm Not Responsible for Stuff I Link To
I may provide, and other third parties may provide, links to other World Wide Web sites or resources. Because I have no control over such sites and resources, you acknowledge and agree that I am not responsible for the availability of such external sites or resources, and that I do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further
acknowledge and agree that I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Some of This Stuff is Mine
You acknowledge and agree that the webrings I manage and any necessary software used in connection with these webrings ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as I expressly authorise, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on my webrings or the "Software",
in whole
or in part.
- I Don't Warranty Anything
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF MY WEBRINGS IS AT YOUR SOLE RISK. THESE WEBRINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. I EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. I MAKE NO WARRANTY THAT (i) THESE WEBRINGS WILL MEET YOUR REQUIREMENTS, (ii) THESE WEBRINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE WEBRINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THESE WEBRINGS WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN
THE
SOFTWARE
WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESE WEBRINGS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ME OR THROUGH OR FROM MY WEBRINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Remember how James S. Huggins wrote
about sections of contracts being in all caps even though that actually makes it harder to read?
Well, this is one of those sections. What do you think?
Did having it in all caps make it easier for you?
Oh, and lest we forget, this is one more section provided
by the WebRing.com
Terms of Service.
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- I'm Not Liable for Other Stuff
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT I SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THESE WEBRINGS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS
AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THESE WEBRINGS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THESE WEBRINGS; OR (v) ANY OTHER MATTER RELATING TO THESE WEBRINGS.
We are getting close to being "done" here.
I wonder if anyone actually reads this stuff.
And, giving credit where credit is due, this all
caps section was, of course, provided by the WebRing.com
Terms of Service.
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Some of This Might Not Apply to You EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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I Can Send You Notices, But I Don't Have To
I may send notices to you via either Email or regular mail. I may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the my website(s). And, if I don't want to, I don't even need to give notice. -
I've Got Trademarks
The name Britfeld, any Logo/s, "Britfeld Weimaraners", the design of this website and logos and product and service names are trademarks of Svetlana Sally Johnston and you acknowledge these trademarks. -
I Have a Way to Report Copyright Violations
I respect the intellectual property of others, and ask that my members do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the WebRing.com system's Copyright Agent the required information as disclosed on the WebRing.com system Terms of Service page at dir.webring.com/h?terms. If the infringement relates to information on my website or under my direct control, please see the notification information located here http://www.britfeld.com/privacy.htm
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This is the Whole Banana
These Terms of Service, together with amendments and supplements published in accordance with these Terms of Service, constitute the entire agreement between you and me and govern your use of my webrings. They supersede any prior agreements between you and me. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. -
I Don't Have to Enforce These Terms of Service
My failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. -
Courts Will Rewrite the Contract to My Benefit
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. -
You've Only Got So Long
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our webrings or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. -
The Section Titles Don't Count
The section titles in the Terms of Service for convenience only and have no legal or contractual effect. -
Those Little Bits of Explanation Don't Count Either
The explanatory paragraphs I've added in italics to provide additional information are for convenience only and have no legal or contractual effect.
I'm talking about paragraphs like this one. In
these tables.
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What We say goes
In case I have omitted, by accident or on purpose, anything in these Terms of Service, what I say goes and I'm not liable. |