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TERMS/CONDITIONS

Welcome to Tiberius Art Studio. Our services and products are provided subject to the following terms and conditions. By using the website, tiberiusart.com, you agree to be bound by these terms and conditions. Please read them carefully, as they contain important provisions relating to your use of the site, including an agreement to engage in binding arbitration to resolve any disputes between us. The website is owned and operated by Tiberius Art Studio and Richard G. Tiberius.

Table of Contents

Privacy Policy

1

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.


a. Parties.

These Terms and Conditions ("Terms of Use", "Terms of Service", or "Terms") together with our Privacy Policy, constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Tiberius Art Studio(“we,” “us”, or “our”), concerning your access to and use of www.tiberiusart.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto and the services provided through this website (collectively, "Website", “Site”, or "Service".)

Tiberius Art Studio offers this Website, including all information, tools, and services available from this Site to you, the User. By using our Site you engage in our “Service” and this is an acceptance of these terms and conditions in full and you agree to be bound by these terms ("Agreement"). Accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use the Site.


We reserve the right to refuse service to anyone for any reason at any time. 


b.  Relationship of the Parties.

Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

c. No Third-Party Beneficiaries.

Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.


d. Power and Authority.

Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.


e. Age Restriction.

You must be at least 18 years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. We assume no responsibility for liabilities related to age misrepresentation.


f. Representation and Authority. By using the Site, you represent and warrant that:

  1. All registration information you submit shall be true, accurate, current, and complete;

  2. You shall maintain the accuracy of such information and promptly update such registration information as necessary;]

  3. You shall not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

  4. You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders;

  5. You shall not use the Site for any illegal or unauthorized purpose.


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).


g. Site Management.

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms;

  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;

  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

  4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

  5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

h. Reviewing Updates to Terms.

Supplemental Terms or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.


We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.


It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.


h. Disputes.

Any dispute related in any way to your use of this Site shall be arbitrated by state or federal court in the District of Columbia and you consent to exclusive jurisdiction and venue of such courts.

Proprietary Rights

2

a. Copyright and Trademarks.

Copyright (c) 2025 Tiberius Art Studio


Subject to the express provisions of these Terms:

  1. We, together with our licensors, own and control the general copyright and other intellectual property rights of the material on the Site.

  2. All the copyright and other intellectual property rights in our website and the material on our website are reserved,


b. Digital Millennium Copyright Act Notice and Policy.

The content on the Site, including without limitation, video, text, photos, and graphics is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws and us and our licensors.


Other than content generated by you, Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without prior written permission and that of our applicable licensors, and


c. Copyright Infringement Notification.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us by email. at _________.


Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.


All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Accuracy, Completeness And Timeliness

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We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.


a. Errors, Inaccuracies, Omissions The Site may include information that contains typographical errors, inaccuracies or omissions, including information that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies, or omissions do not effect the true cost, availability, or other details of products or services.


b. Historical Information

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.


c. Updates to Website Content

  1. We reserve the right, but we have no obligation, to correct any errors, inaccuracies or omissions, and to change or update any information on the Site or on any related Website at any time without prior notice.

  2. You agree that it is your responsibility to monitor changes to our Site.

  3. No specified update or refresh date applied to the Site or on any related website, should be taken to indicate that all information has been modified or updated.


d. Availability

We try to ensure that the availability and delivery of this Website and the Resources is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates. We will try to limit the frequency and duration of suspended or restricted access to this Website. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should this Website or the Resources become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make this Website or the Resources inaccessible to you.​

Permitted and Prohibited Uses

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a. Your Representation & Warranties.

You represent and warrant that:

  1. Your use of the Site will not conflict with any of your existing agreements or arrangements,

  2. You have sufficient rights to share all your user generated content with us for our use and with other users of the open, public areas of the Site, such as comments, reviews, groups, and forums ("Community"), and that you are not violating any confidentiality obligations by submitting content to the Community, and

  3. Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right.


b. Requirements for Use.

  1. You must ensure that all the information you supply to us in connection with your use of the Site is true, accurate, current, complete and non-misleading.

  2. You must abide by all copyright notices, information, or restrictions.


c. Permitted Uses.

We give you a personal, revocable, non-assignable, non-sublicensable, and non-exclusive right to access and use the Site in the manner permitted by these Terms. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.


  1. You may retrieve, display and view the Site content on a computer screen for your own personal, non-commercial use only.

  2. You may download pages from the Site for caching in a website browser.


Notwithstanding the aforementioned restrictions, you may redistribute to any person any newsletter or other promotional communications distributed by or for us.


c. Prohibited Uses 

Except as expressly permitted by section Permitted Uses or the other provisions of these Terms, you must not:

  1. Use the Site in any way that violates any international, federal, provincial or state regulations, rules, laws, or local ordinances; or using in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

  2. Download, reproduce, modify, copy, distribute, or use for commercial purposes any content without our written permission; 

  3. Use any of our trademarks, logos, or copyrighted materials:

    1. in a misleading or disparaging way;

    2. in a way that implies we endorse, sponsor, or approve of your services or products; or

    3. in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material;

  4. Sell, rent, sub-license, or redistribute any material from the Site;

  5. Use the Site in any way or taking any action that causes, or may cause damage to the Site or impairment of the performance, availability, accessibility, integrity or security of the Site or any third-party websites connected to the Site;

  6. Access or otherwise interact with the Site using any robot, spider or other automated means or conducti any systematic or automated data collection activities;

  7. Circumvent any authentication or security systems or processes on or relating to our website;

  8. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, discriminate against, trick, defraud, or mislead other Users of the Site; 

  9. Submit false or misleading information.



c. Breach of Terms.

We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.


Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Information We Collect

5

a. Information We Collect

We receive, collect, and store any information you enter on our Website or provide to us in any other way. In addition, we collect:

  • the Internet protocol (IP) address used to connect your computer to the Internet;

  • login;

  • e-mail address;

  • password;

  • computer and connection information

  • communication and purchase history.


We may use software tools to measure and collect session information, personally identifiable information, and other details, such as:

  • page response times

  • length of visits to certain pages

  • page interaction information

  • methods used to browse away from the page

  • name

  • email

  • password

  • communications

  • payment details (including credit card information)

  • comments

  • feedback

  • product reviews

  • recommendations

  • personal profile details


b. How We Collect Information

When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.


c. Why We Collect Information

We collect such Non-personal and Personal Information for the following purposes:

  1. To provide and operate the Services;

  2. To provide our Users with ongoing customer assistance and technical support;

  3. To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

  4. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

  5. To comply with any applicable laws and regulations.


d. How We Store Information

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.  

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.


e. Why We May Contact You

We may contact you to notify you regarding your account or requested services, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our Terms of Use, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.


f. Cookies

We may collect non-personal information about you as you navigate this Website, such as your IP Address. If you book a service or make a purchase from the store, we will store all of the information you share, such as your name, address, payment information, etc.


Third-party services, such as Google Analytics, place cookies or utilize other tracking technologies through the hosting website services and they may have their own policies regarding how they collect and store information. As these are external services, such practices are not covered by Glow Luxe or Wix. 


  1. Opting Out.

    The following links explain how to access cookie settings in various browsers:

    1. Cookie settings in Firefox

    2. Cookie settings in Internet Explorer

    3. Cookie settings in Google Chrome

    4. Cookie settings in Safari (OS X)

    5. Cookie settings in Safari (iOS)

    6. Cookie settings in Android


To opt out of being tracked by Google Analytics across all websites, visit this link: http://tools.google.com/dlpage/gaoptout


g. How to Withdraw Consent

If you don’t want us to process your data anymore, please contact us via our Contact page.


h. Updates

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 


i. Contact

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us via our Contact page.

Third-Parties

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Certain content, products and services available via the Site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.


Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Terms of Sale

7

These Terms of Sale apply to all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.


a. Pricing

Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. If there is a discrepancy in listed price and actual price, we will contact you before processing your order. If you do not want to purchase the artwork at the actual price, we will issue you a refund. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order.


We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).


b. Shipping and Handling

Shipping & handling for miniature oil paintings will be calculated and added during checkout. We use USPS to shipping Kiry Tiberius' miniature paintings.


The cost for Shipping & Handling of giclee prints is not included in the list price and is not added during checkout. Upon receipt of your order:


We will contact you to confirm your order and verify the cost of shipping as determined by the printer.


We will email you an invoice for the balance owed.


When the invoice is paid, we will process your order with the printer.


Please allow up to 5 days to confirm details and process your order. Once the order is processed, it will take 7-10 days for you to receive your print.  Overnight and Expedited Shipping (2-3 Days) is available for an additional fee.


The print will arrive rolled in a protective tube. The customer is responsible for stretching and framing the print. 


We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).


c. Refunds and Returns

We do not accept returns nor issue refunds or exchanges. 


If you choose to cancel your order before paying the invoice for Shipping & Handling, we are happy to refund you the price paid for the print. Once you submit payment for the Shipping & Handling, we can no longer cancel the order nor issue a refund.


d. Damaged Artwork

​Insurance will be included in the Shipping & Handling invoice for giclee prints.


If you notice any serious damage to the outside of the package please do not sign for the delivery and contact us immediately.


Because your print will arrive unframed, unstretched, and rolled in a tube, we highly recommend that you leave all unpacking and handling of the artwork to a trusted professional framer or art handler in order to avoid accidentally damaging print.


e. Disclaimer

We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.

Comments and Reviews

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a. Comments

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


b. Moderation

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


c. Submitting Feedback and Suggestions

If, at our request, you send certain specific submissions or with or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:

  1. maintain any comments in confidence;

  2. pay compensation for any comments;

  3. to respond to any comments.


d. Criteria for Leaving Review

We may provide you areas on the Site or connected social media profiles to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. have firsthand experience with the product or service being reviewed;

  2. not contain offensive profanity, or abusive, racist, offensive, or hate language;

  3. not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

  4. not contain references to illegal activity;

  5. not be affiliated with competitors if posting negative reviews;

  6. not make any conclusions as to the legality of conduct;

  7. do not post any false or misleading statements;

  8. not organize a campaign encouraging others to post reviews, whether positive or negative.


b. Accepting or Rejecting Reviews

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.


We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Amendment; No Waiver

9

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms. You can review the most current version of the Terms of Use at any time at this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes and agreement to the Terms.


If you do not agree with a modification to these Terms, you should not use the Service.


We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

Governing Law

10

This Agreement shall be governed by the laws of the the District of Columbia n the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the courts in Washington, D.C.


Force Majeure

11

Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Disclaimer Of Warranties; Limitation on Liability

12

a.  Disclaimer of Warranties. 

  1. We and our affiliates and agents do not warrant or represent We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

  2. We do not warrant that the information or results that may be obtained from the use of the Site will be available, suitable, reliable, secure, timely, uninterrupted, accurate or up to date.

  3. We do not warrant that the Site will operate at all times without fault.

  4. To the extent permitted by law, the website is provided "as is" without warranty or condition of any kind.

  5. We disclaim all warranties and conditions of any kind with regard to the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

  6. You expressly agree that your use of, or inability to use, the Site is at your sole risk.

  7. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the service at any time, without notice to you.

  8. We reserve the right to discontinue or alter any or all of the Site and to stop publishing the Site, at any time in our sole discretion without notice or explanation.

b. No Indirect Damages

To the extent permitted by law, in no event shall we be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.

c.  Limitation of Liability.

In no case shall Tiberius Art Studio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any products or services procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.


Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You understand and agree that absent your agreement to this limitation of liability, we would not provide the Site to you.


d.  Third Party Products and Sites

We disclaim all liability with respect to third-party products and third-party sites that you use. Our licensors shall have no liability of any kind under this agreement.

Indemnification

13

You agree to indemnify, defend and hold harmless Tiberius Art Studio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

14

In the event that any provision of these Terms is determined to be invalid or unenforceable by applicable law, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

15

These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).


The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.


Term, Termination & Survival

16

a.  Term.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Site, or when you cease using the Site

b.  Termination and Suspension.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to all pr part of the Site.


We are not obligated to provide you with any information or content you submit in relation to your use of the Site after termination.


c. Survival.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Contact Information

17

Questions about these Terms and Conditions should be sent to us via the Contact page.

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