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PRIVACY POLICY

Last updated on 02/22/2021.

This Privacy Policy governs the manner in which 3rd Floor Media LLC (“3FM”, “we”, “us”, “our” or similar pronouns) collects, uses, maintains and discloses information collected from users (each, a “User”) of www.3fm.fm (“Site”). This privacy policy applies only to the Site and all products and services offered by 3rd Floor Media LLC (including, without limitation, both mobile and online versions of our web sites, and also applies to your use of all features, applications, content, downloads and other services that we make available through these web sites and/or that post a link to this Privacy Policy (collectively, referred to herein as the “Site”), regardless of how you access or use the Site, whether via personal computers, mobile devices or otherwise. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Service (unless otherwise stated below).

WHEN YOU ACCESS OR USE THE WEBSITE, OR OTHERWISE PROVIDE ANY INFORMATION TO US, YOU AGREE TO THIS PRIVACY POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THIS PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING THE WEBSITE OR OTHERWISE PROVIDING ANY INFORMATION TO US.

The Website may contain links to other websites. This Privacy Policy does not apply to information collected on or through any such third party websites. We are not responsible for the privacy practices of such third parties or the content of their websites. Such third parties may have their own privacy policies and you should review those privacy policies to determine their privacy practices.

Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and other information about them or their business or organization. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities. Information collected may be stored on our computer hardware or the hardware of our third party service providers.

Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include but is not limited to the browser specifications, the type of computer and technical information about Users’ means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Opting In
By submitting your e-mail address to us, you opt-in to receiving e-mail from us. You may opt-out of receiving further e-mail by contacting us via email or following the directions in any email or elsewhere on this site. If you wish to opt-out at any point from our emails enter your email address here.

Opting Out
If you want to be removed from our marketing list and do not want us to send you e-mail, postal mail or other messages about our products and services, you can opt out. To do so, please select unsubscribe on the email communication.

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please e-mail us at your email.

How we use collected information
3rd Floor Media LLC collects and uses Users’ personal information for the following purposes:

To personalize and improve user experience
We may use information to better respond to your individual needs and customize your experience. Or in the aggregate, to understand how our Users as a group use the services and resources provided on our Site.

To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.

To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.

To administer content, promotion, survey or other Site feature
We may send Users information they agreed to receive about topics we think will be of interest to them.

To provide services
We may use the information Users provide about themselves, their business or organization to provide the services requested. These services may include services provided by third parties.

Sharing your personal information
We may use the information we collect to identify the parties with whom we are dealing and to provide customized information and offers of products and services. While we do not currently use third party services that display customized content and advertising provided by us, we may do so in the future. We may also use the information for statistical and/or marketing purposes, to improve our technologies, to provide information about our company and to deliver advertising and promotional information from our partners and third party vendors. We may track your use of the Website over time for the purpose of, among other things, enhancing your experience on the Website and providing marketing messages, promotions, offers of products and services and other content which we think may be of specific interest to you.

We reserve the right to share, rent, sell or otherwise disclose the information we collect from you to third parties. We may also share your information with certain third parties in other circumstances, including when complying with legal process, preventing fraud or imminent harm and/or ensuring the security of our network and services. We may also use the information you provide to market products and services to you. We may obtain your information through third parties by virtue of advertisements placed by us on websites maintained by those third parties. We will collect and/or share certain of your information with third parties for the purposes of fulfilling orders for products or services placed by you and for providing you with newsletters or other communications.

When we use third parties to assist us in collecting and/or processing your personal information, we typically request that they comply with this Privacy Policy and any other appropriate confidentiality and security measures. However, we make no representation or warranty that such third parties will comply with any such request.

We may provide you with direct access to functionality from other third parties, including Facebook, Twitter, Instagram, YouTube, Pinterest, Spotify, advertising networks and others. The placement of social media widgets, or advertising units on the Website may permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them.

Do Not Track
When you use the Website, we may receive “do not track” requests from you, whether via signals from web browsers or other mechanisms. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.

Use of Web Technologies
Cookies
A cookie is a small text file that is stored on a user’s computer for record keeping purposes. We use cookies on the Website. We may link the information we store in cookies to personally identifiable information that you submit while on the Website. We use both session ID cookies and persistent cookies. A session ID cookie expires when a browser is closed. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the Website. You can remove the persistent cookies by following the directions provided in your internet browser’s “help” file. If you reject cookies, you may still use the Website but your ability to use some areas of the Website may be limited.

Tracking Pixels
We may employ a software technology called tracking pixels (a/k/a web beacons/web bugs/clear gifs) that enables us to better manage the content on the Website by informing us what content is effective. Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of visitors to a website. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on website pages and are about the size of the period at the end of a sentence. We do not tie the information gathered by tracking pixels to your personally identifiable information.

We use tracking pixels in our HTML-based e-mails to let us know which e-mails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these e-mails, please see the “Opting Out” section of this Privacy Policy below.

Log Files
As is true of most websites, we gather information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track the movements of users around the Website and to gather demographic information about our user base as a whole.

Communications
Based upon the personally identifiable information that you provide to us, we may send you a welcome e-mail. We will also communicate with you in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request. If, at any time, you no longer want us to contact you by e-mail and/or receive our e-mail subscriptions, editorial e-mails and advertorial e-mails, you may opt out.

We may send you e-mails that contain advertising or other content sponsored by third party retailers or businesses (“advertorial e-mails”). The content is marked in partnership with a third party retailer and paid for by our sponsors and does not reflect the opinions of our editorial staff. If you prefer not to receive these e-mails, you may opt-out as provided in the “Opting Out” section of this Privacy Policy below. We send advertorial e-mails on behalf of the third party sponsors. We do not share your personally identifiable information with such sponsors, except as otherwise provided in this Privacy Policy, but we may sell or share aggregate, non-personal information with such sponsors for any legally permissible purpose.

International Users
3rd Floor Media LLC is based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Website may be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States may not be equivalent to similar laws in your country of residence. By using the Website or by providing us with your information, you consent to the collection, transfer, storage and processing of information to and within the United States. If our cookies or other software detects IP addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.

Changes to this privacy policy
We may modify, amend or otherwise change this privacy policy at any time in our sole discretion, without your consent and without prior notice. If we decide to change our privacy policy, we will post those changes on this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Performance; No Guarantee
While we take all reasonable measures to comply with this policy, we cannot ensure that your information will be 100% secure due to hackers, disgruntled employees, acts of God, etc. We will exercise commercially reasonable efforts to maintain compliance with the terms of this privacy policy. This is not a contractual agreement to provide any level of security for your data as breaches of personal information may occur on any system in spite of best practices and best efforts. We commit to provide timely notification of any customers whose information is involved in any information leak or breach.

Advertising Privacy Statement
This Site may be affiliated with advertising services (“Ad Services”) for the purposes of placing advertising on the Site.  Ad Services uses standard and widely-available tools for the placement and serving of ads, including those provided by Google, Inc. and its affiliates. We publish interest-based advertisements on the Site; that is, ads that are tailored to reflect your interests. To help understand your interests, Ad Services, Google and our other advertising partners will track your behavior on our website and on other websites across the Internet using cookies.

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.  Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

By using this Site, you consent to the use of such cookies and the sharing of data captured by such cookies with Ad Services, Google, and our other third party partners. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com.

For European Economic Area Residents

If you reside in a country in the European Economic Area (EEA), then under the GDPR and applicable data protection laws you have the rights, among other things, to access your personal data, have us erase it, and/or restrict its further processing.  If you wish to access or delete your personal data (if any) maintained by us or Ad Services related to advertising on the Site, you can contact us at info@3fm.fm.

 If you wish to see a list of the advertising partners we work with or change which of those partners track your behavior using cookies, please email us at info@3fm.fm.

Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us:

3rd Floor Media LLC
PO Box 2274
Bala Cynwyd, PA 19004

info@3fm.fm

TERMS OF USE

The effective date is 01/25/2021.

Please read these Terms and Use before using, or submitting content. By continuing to use 3rd Floor Media LLC, or by submitting content to 3rd Floor Media LLC you agree to abide and be bound, by these Terms of Use.

The following are the legally binding terms and conditions (collectively with the Privacy Policy at www.3fm.fm, between each user (“you” or “your”) and 3rd Floor Media LLC. (“3FM,” “we,” “us,” “our” or “ours”) and govern the use of www.3fm.fm and the content, features, services, social media channels and applications offered by 3rd Floor Media LLC (collectively “Service”). If you do not agree to any of these terms and conditions, please do not use the Service.

3rd Floor Media LLC’s Proprietary Rights
All materials that are included in, made available on or are otherwise a part of the Service (“3FM Content”), including without limitation any and all articles, blogs, text, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork, logos, trademarks and the “look and feel” of the Service, are owned or licensed by 3rd Floor Media LLC or its affiliates or subsidiaries. The 3FM Content is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and laws.

Your License To Use 3rd Floor Media LLC Content Available On Our Sites
We grant you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable and non-transferable license to use, view and/or play the 3FM Content, subject to your compliance with these Terms of Use. You may make one printed copy of each article on the Service solely for your personal use. You must not modify the paper or digital copies of any materials you have copied in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Service must always be acknowledged.

3rd Floor Media LLC Content Disclaimers
The 3FM Content on our Service is provided for general informational purposes only. Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service (including both the 3FM Content and User Content) is accurate, complete or up-to-date. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS AT YOUR OWN RISK. No assurance is given that the information contained on the Services will always include the most recent findings or developments with respect to the particular material. 

Prohibited Activities
In connection with your use of the Services, you acknowledge and agree that you will not:

Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any 3rd Floor Media LLC Content or information, video, audio, software, products or services obtained through the Service;

Violate any applicable local, state, national or international law, rule or regulation or use the Service for any purpose that is prohibited by these Terms of use;

Manipulate, modify or edit the 3FM Content or the Service or display the Services by using framing or similar navigational technology;

Use the Services in any manner that could damage, disable, overburden or impair 3rd Floor Media LLC servers or networks, or interfere with any other user’s use or access to the Service; and

Obtain unauthorized access to the Service, the server on which our Service is stored or any server, computer or database connected to the Service or harvest or otherwise collect information about other users without their consent.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY 3RD FLOOR MEDIA LLC TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

In addition, you agree to comply with our Posting Guidelines below.

Links To The Service
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service in any website that is not owned by you. Our Service must not be framed on any other Service.

We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.

Third Party Links
We may provide, or third parties may provide, on or through the Service, links to third party sites, such as other websites or resources. These third party sites are operated by parties who are separate from 3rd Floor Media LLC. We have no control over such third party sites, we are not responsible for the availability of such third party sites and we do not endorse such third party sites. We are not responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such third party sites.

Service Modification, Suspension Or Termination
We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. Access to our Service is permitted on a temporary basis. We reserve the right at any time and from time to time to withdraw, modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service for any period.

We may at our sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to you, immediately terminate your access to the Service. We will not be liable or responsible to you or any third party for such termination. We also reserve the right to investigate suspected violations of these Terms of Use. Any violation of these Terms of Use may be referred to law enforcement authorities.

Disclaimer Of Warranties
THIS SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU USE THE SERVICE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 3RD FLOOR MEDIA LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE. WE DO NOT WARRANT THAT THIS SERVICE WILL BE SECURE OR FREE FROM BUGS OR VIRUSES OR BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE;

Limitation Of Liability
3RD FLOOR MEDIA LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.

Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless 3rd Floor Media LLC, its officers, directors, employees, agents, licensors, suppliers, partners and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to use of the Service (including negligent or wrongful conduct) by you or any other person accessing the Service via your email account(s), social media account(s) or ISP address. We reserve the right to take over the exclusive defense of any claim. This section will survive termination of your access to the Service.

Designated Agent For Copyright Infringement Claim
If you have a good faith belief that your copyright is being infringed by any content on the Service, please send a notice that includes information listed below (the “Notice of Claimed Infringement”) to our Designated Copyright Agent:

3rd Floor Media LLC
PO Box 2274
Bala Cynwyd, PA 19004

Notice of Claimed Infringement must include at a minimum the following information:

  • a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification about where the material that is claimed to be infringing is found on the Service reasonably sufficient to permit 3FM to locate such material;
  • information reasonably sufficient to permit 3FM to contact you, such as an address, telephone number, and email address at which the you may be contacted;
  • a statement that the you have 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; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any material has been removed as a result of such mistake of misidentification, send a notice to our Designated Copyright Agent that includes the following information:

  • your physical or electronic signature;
  • an identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which 3rd Floor Media LLC may be found and that you will accept service of process from the party who provided the Notice of Claimed Infringement or an agent of such party.

If a counter-notice is received by the Designated Copyright Agent, 3rd Floor Media LLC may send a copy of the counter-notice to the original complaining party informing such party that 3FM may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against us or the party contesting the original complaint, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at 3FM’s discretion.

Jurisdictional Issues
Our Service is directed to people residing in the United States. We do not represent that content and materials available on or through our Service is appropriate or available in other locations. Those who choose to access the sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We may limit the availability of our Service or any service or product described on our Service to any person or geographic area at any time.

Governing Law; Jurisdiction; Arbitration; Commencement of Actions
These Terms of Use and the relationship between you and 3FM will be governed by the laws of the United States of America and the Commonwealth of Pennsylvania as an agreement wholly performed therein without regard to its conflict of law provisions and the United Nations Conventions on Contracts (if applicable).

Any dispute relating in any way to your use of the Service will be submitted to confidential arbitration in Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or Federal court in the Commonwealth of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use will be conducted under the rules then prevailing of JAMS. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.

Miscellaneous
These Terms of Use constitute the entire agreement between you and us and govern your use of the Service. These Terms of Use supersede and extinguishes any prior agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other services, affiliate services, or third-party services.

These Terms of Use are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect. The headings in these Terms of Use are for convenience only and have no legal or contractual effect.

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Updates To These Terms
We reserve the right to change any terms of these Terms of Use at any time without prior notice to you. You agree that our posting of revised Terms of Use on our Service will constitute notice to you of such revised Terms of Use and that your access or use of the Service after such posting constitutes your agreement to be bound by such changes and the revised Terms of Use. Consequently, please review these Terms of Use before each and any access or use of our Service. Any changes to these Terms of Use will become a part of these Terms of Use and will apply as soon as they are posted or such later date as may be specified in the posted Terms of Use.

Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service will be subject to these Terms of Use.