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Terms and Conditions
Tamil IPTV Inc. - TERMS OF USE & PRIVACY POLICY, APRIL 2007
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Tamil IPTV Inc. grants you a license to view and use the
particular channel(s) and/or package of channels to which you have
subscribed and/or the downloadable content you have purchased
(collectively, the "Content"). Payment for
particular channel(s) and/or channel bundles subscriptions is made
on a per channel/package per month basis, payment for downloadable
content is made on a per download basis. You will automatically be
charged the regularly recurring subscriber fee until you cancel
your subscription (which you may do at any time) or until your
subscription is cancelled by Tamil IPTV. If you purchase a
subscription to access a particular channel/channel bundles and
cancel at any time during that subscription active period, Tamil
IPTV will not refund any of your subscription charges for that
particular month. Tamil IPTV has provided free demonstration video
streams to test your ability to receive such video streams from
Tamil IPTV. It is required that you test these free demonstration
video streams before subscribing to any Tamil IPTV video channels.
While you may cancel your subscription(s) at any time, Tamil IPTV
will not provide any refund to users for reasons related in any
way to their ability to receive a satisfactory video stream from
Tamil IPTV.
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Copyright. The Site Content and Site Code
are owned by Tamil IPTV and/or its licensors and content providers
and are protected by applicable domestic and international
copyright laws. Unless expressly permitted elsewhere in the Site
by Tamil IPTV, you shall not record, copy, distribute, publish,
perform, modify, download, transmit, transfer, sell, license,
reproduce, create derivative works from or based upon, distribute,
post, publicly display, frame, link, or in any other way exploit
any of the Site Content or Code, in whole or in part. Any rights
not expressly granted to you are reserved. Any violation of
copyright laws may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
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Trademark. "Tamil IPTV" is a trademark and
service marks belonging to Tamil IPTV. Any product, service, or
trade name other than those owned by Tamil IPTV that identify a
third party as the source thereof may, even if not so indicated,
be the service mark or trademark of that respective entity or
individual. Any unauthorized use of the Tamil IPTV Mark is
strictly prohibited.
USE OF THE SITE, GENERAL TERMS
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License. Tamil IPTV grants you a
non-exclusive, non-transferable, limited right and license to
access and use this Site, and view the Content subscribed to or
purchased by you by way of one (1) computer connected to the Site
over the Internet at any given time and in strict conformity with
these Terms of Use. You may not publicly display any portion of
the Site, or any films or other audiovisual or digital works
available at this Site, without a written license signed by a
party authorized to legally bind Tamil IPTV to such a contractual
arrangement. Any other use or exploitation of this Site, including
the Site Content or Site Code, is strictly prohibited.
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Fee-Based Service Charges. The Content on
the Site is available either on a monthly subscriber fee basis (i.e.,
you must pay a monthly fee to access these channel(s)/package) or
a per-download basis. These services are sometimes referred to
herein as the "Fee-Based Services" or "Subscription
Fee Services". Payment of a monthly subscription fee
entitles you to watch the applicable channel(s)/package during the
applicable month. Payment on a per-download basis
entitles you to watch the applicable downloaded content unlimited
number of times, unless otherwise provided with respect to a
certain downloadable content.
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You agree to pay, using a valid credit card which Tamil IPTV
accepts, the subscription and/or download charges set forth on the
Site, applicable taxes, and other charges incurred on your account
in order to access these services. Tamil IPTV reserves the right
to increase fees, surcharges, and site subscription fees, or to
institute new fees at any time, upon reasonable notice posted in
advance on this Site. Tamil IPTV will automatically charge your
account for renewal of your monthly subscription. The renewal
charge will be the same as the prior month charge, unless
otherwise notified in advance. In the event Tamil IPTV cannot
charge your account, we reserve the right to terminate your access
to the Fee-Based Services.
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In addition to the charges set forth above, you are responsible
for all charges associated with connecting to the Site,
including without limitation all telephone access lines
(including long-distance charges, when applicable), telephone
and computer equipment and any service fees necessary to access
the Fee-Based Services.
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VAT stands for value added tax, which is charged on services
sold by Tamil IPTV within the European Union (EU). In accordance
with the laws governing members of the European Union, Tamil
IPTV is obliged to charge VAT on all orders delivered to
destinations in member countries of the EU. In general, VAT is
charged in accordance with the local legislation in each member
state.
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Non-Commercial/Personal Use Limitation.
Tamil IPTV grants you this license for the limited purpose of
personal use only, and not for any commercial purpose. No business
entity (e.g., corporation, partnership, sole proprietorship) is
licensed to use this Site, without prior written permission. You
hereby agree not to use the Site, the materials, or any element or
portion thereof (including, without limitation, e-mail addresses
of users), for any commercial purpose whatsoever.
For enterprise use, please contact our customer support team at:
support@tamiliptv.tv
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Nature of Services. Tamil IPTV offers its
Site services for entertainment purposes only. Tamil IPTV does not
warrant the truth or validity of the information contained on its
site. You acknowledge and understand that, because of the
possibility of human and mechanical error, mistakes or omissions
in the data or information provided, delays or interruptions of
the data or information stream from whatever cause, as well as
other factors, Tamil IPTV is not responsible for errors in or
omissions from the information contained or accessed through the
Site.
- All information and content on the Site are provided on an "as is" and
as available basis without warranty of any kind, express or implied,
including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or
non-infringement.
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Nature of Content. Tamil IPTV offers
video and audio content of various types including, but not
limited to, sports, news, drama, etc. Tamil IPTV does not
warrant that all content is appropriate for all age viewers.
Minors should only access this Site with parental permission.
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Free Trial Period. Tamil IPTV may, from
time to time and at its sole discretion offer a free trial period
("Free Period"). During the Free Period you may
subscribe to certain channels, which shall be available at Tamil
IPTV's own discretion, free of charge, subject to the following:
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You agree to submit Tamil IPTV with valid credit card
information, which shall be used for collateral purpose only,
and any other personal information requested for this purpose.
The Free Period will commence on the day and time you have
submitted Tamil IPTV with the aforesaid information ("Commencement
Date").
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You agree that upon 30 days from the Commencement Date Tamil
IPTV shall be entitled to automatically charge your account for
renewal of your monthly subscription unless you decide to
terminate your Free Period and subject to Section 4.6. In the
event Tamil IPTV cannot charge your account, we reserve the
right to terminate your access to the Fee-Based Services.
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Username/Password. Tamil IPTV may issue
you a username and/or password for the purpose of accessing the
Content or certain portions thereof, or services provided via the
Site. You shall hold and secure any such username or password as
strictly confidential. Accordingly, you shall not allow friends,
family, business associates or other person access to or use of
such username or password. Tamil IPTV shall not be responsible
whatsoever in the event that your password is misappropriated by a
third party.
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Reservation of Rights. Any rights not
expressly granted by Tamil IPTV herein are reserved. You may not
download, modify, publish, transmit, transfer or sell, reproduce,
create derivative works from or based on, distribute, perform,
publicly display, or in any way exploit any of the Site Content,
in whole or in part, without the prior written consent of a party
authorized to bind Tamil IPTV, except as expressly permitted in
these Terms of Use.
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TERMS RELATING TO SUBSCRIPTION
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Terms relating to Subscription offerings.
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Our Subscription offerings are available at different prices, as
presented on our website and updated from time to time. We
reserve the right to change those prices at any time. In any
event, whatever the price, it will always be clearly marked on
the subscription page for the channel/package/downloadable
content and clearly marked when you enter your credit card
information.
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A valid credit card is required to pay for the Subscription
offerings. The Subscription fee will be charged only when you
submit the credit card information to us.
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Once you subscribe to a particular video channel(s), you're not
limited to watching it on one computer. You are limited to
watching it on one computer at one time but can do so from
multiple computers. We do, however, reserve the right to change
that policy at any time and from time-to-time.
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Terms relating to our Subscription Service.
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In order to subscribe to our subscription service you will need
to enter your credit card information. However, and this is
important, WE WILL BILL YOUR CREDIT CARD FOR THE SUBSCRIPTION
FEE EACH AND EVERY MONTH THEREAFTER UNTIL YOU TELL US TO STOP
(or until we decide to stop, whichever comes first). That way,
you have continuous access to the video channel(s)/package that
you have subscribed to. Upon your initial registration, you will
receive from us an email notice that would provide the procedure
to cancel your subscription. If you decide at some point that
you want to cancel your subscription, which you can do at any
time, just login to the Site, click on "Account Management" and
change your subscription status to Cancel Subscription and
follow any further directions. You may also cancel your
subscription by sending us an email to
support@tamiliptv.tv. Please note that once you
cancel your subscription, it will not actually expire until your
next billing cycle. And, Tamil IPTV will not provide you with a
refund for the current month. So, what this means is, once we
have charged you for a month, you pay for a month (and have
access to the subscription for a month). Of course, once you
cancel, you can re-subscribe at any time.
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In order to purchase our downloadable content you will need to
enter your credit card information. However, and this is
important, WE WILL BILL YOUR CREDIT CARD FOR THE DOWNLOADABLE
CONTENT FEE ON A PER-DOWNLOAD BASIS AND ONCE YOU PURCHASED YOUR
DOWNLOADABLE CONTENT, THE FEE SHALL BE NON-REFUNDABLE AND YOU
SHALL NOT BE ABLE TO CANCEL YOUR BILLING REGARDING THE
DOWNLOADABLE CONTENT. That way, you will be able to access the
downloadable content that you have selected unlimited number of
times, unless otherwise provided with respect to a certain
downloadable content.
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Once you subscribe to our channel(s)/package, we will bill your
credit card on the same date of each subsequent month (the "Payment
Date"). For example, if you subscribe on May 15, we
will bill your credit card on May 15 and again on June 15 and
again on July 15 and so on. If the date on which you subscribed
does not exist in certain future months/years (for instance, if
you subscribe on January 31, what happens in February and
April?), we will bill your credit card on the closest available
day. So, in the above example, we would bill your credit card
not on February 31 but on March 1 and, not on April 31 but on
May 1. Should you elect to cancel your subscription and then
re-subscribe at a later date, that later date will be your new
Payment Date.
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Once you purchase our downloadable content, we will bill your
credit card on the date of purchase. For example, if you
purchase on May 15, we will
bill your credit card on May 15. If the date on which you
purchased does not exist in certain future months/years we will
bill your credit card on the closest available day.
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Terms Relating to Refunds. Tamil IPTV does
not provide refunds on subscription fees and/or download fees
already paid. It is strongly recommended that you utilize the free
preview channels available on Tamil IPTV's Site to assess the
quality of your viewing experience before subscribing to any video
channels or purchasing any downloadable content.
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DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
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As with any on-line interaction and electronic communication,
there is an inherent risk involved in transmitting any information
via the Internet. Tamil IPTV does not and cannot guarantee that
its system is free from hackers or viruses or that information
provided by users to Tamil IPTV will not be stolen or otherwise
surreptitiously obtained. Tamil IPTV is not responsible or liable
for any infections or contamination of your system or delays,
inaccuracies, errors, or omissions arising out of your use of this
Site or with respect to the materials contained on this Site. You
hereby acknowledge and understand that such risk is inherent in
interacting with any website, including this Site, and take full
responsibility for any harm, danger or damage that result due to
any such breach in security. Pursuant to these Terms of Use, Tamil
IPTV expressly disclaims any such liability. In addition, you
agree to be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access
to and use of this Site and you shall be solely responsible for
all charges related thereto and operations thereof.
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Neither Tamil IPTV nor any provider of content for the site or
their respective agents warrant that the site will be
uninterrupted or error free, free from viruses or security
breaches; nor does Tamil IPTV, any provider of content to the
site, or their respective agents make any warranty as to the
results to be obtained from use of the site. The site content is
not guaranteed to be accurate, timely or verified. The Site and
the Site's content are distributed on an "as is" and "as
available" basis. Tamil IPTV and its agents do not make any
warranties of any kind, either express or implied, including,
without limitation, warranties of title or warranties of
merchantability or fitness for a particular purpose, with respect
to the site, any content, or any goods or services sold through
the site. You expressly agree that the entire risk as to the
quality and performance of the site and the accuracy or
completeness of the content or data made available via the Site is
assumed solely by you.
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Neither Tamil IPTV nor their respective agents shall be liable for
any direct, indirect, incidental, special or consequential damages
arising out of the use of or inability to use the Site.
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Without waiving the exclusive governing law clause below, some
jurisdictions do not allow exclusion of implied warranties or
limitations of liability for incidental or consequential damages,
so the above limitations or exclusions may not apply to you. In
such jurisdictions, the liability of Tamil IPTV, third party
content providers, and their respective agents shall be limited to
the greatest extent permitted by law.
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Links to Other Web Sites. Tamil IPTV makes
no representation whatsoever regarding the content of any other
web sites which you may access from the Tamil IPTV web Site. When
you access a web site other than the Site, please understand that
it is independent from Tamil IPTV and that Tamil IPTV has no
control over the content on that web site. A link to a web site
other than the Site does not mean that Tamil IPTV endorses or
accepts any responsibility for the content or use of such web
site.
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Termination. In addition to any other
rights of the parties set forth herein, either you or Tamil IPTV
may cancel or terminate this Agreement at any time in accordance
with the "Account Management" instructions. Tamil IPTV also
reserves the right to restrict, suspend or terminate your access
to the Fee-Based Services in whole or in part, without notice,
with respect to any breach or threatened breach of any portion of
this Agreement. If Tamil IPTV terminates this Agreement based on a
breach of any portion of this Agreement, Tamil IPTV reserves the
right to refuse to provide a subscription or any Fee-Based
Services to you in the future.
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MISCELLANEOUS
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Notices. Notices by Tamil IPTV to you may be given by means of a
general posting at the Site. Notices (including questions,
complaints, or legal notices) by you may be given by electronic
messages or conventional mail, unless otherwise specified in these
Terms of Use as follows:
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Electronic mail (e-mail) must be sent to:
support@tamiliptv.tv
(ii) Mail and courier deliveries must be sent to: 4915 Bathurst
St. Suite #209, Toronto, Ontario, M2R 1X9, Canada
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Governing Law and Jurisdiction. These
Terms of Use are governed by the laws of of Canada,
without regards to the conflict of laws principles thereof. You
hereby consent to the exclusive jurisdiction and venue of the
courts in Toronto, Canada in any and all claims or disputes
arising out of or otherwise relating to these Terms of Use or this
Site.
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Full Integration. These Terms of Use
constitute the entire agreement between you and Tamil IPTV related
to this Site. No prior or contemporaneous written, oral, and
electronic representation, negotiation, or agreement form a part
of this agreement, and these Terms of Use supersede all prior
written, oral, or electronic agreements between you and Tamil IPTV
relating to this Site.
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Written Agreement. These Terms of Use
constitute a written agreement between you and Tamil IPTV. A
printed version of these Terms of Use, and of any notice given in
electronic form related to this agreement, shall be admissible in
judicial or administrative proceedings to the same extent, and
subject to the same restrictions, as other business contracts,
documents, or records originally generated and maintained in
printed form.
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Tamil IPTV makes no representation or warranty that the materials
in this Site are legal, appropriate or available for use in all
geographic locations. Those who choose to access this Site do so
at their own risk and are responsible for compliance with any and
all applicable local laws.
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Electronic Form of Agreement. You hereby
waive any and all defenses you may have based on the electronic
form of these Terms of Use and the lack of signing by the parties
hereto to execute these Terms of Use.
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Modifications. Tamil IPTV has the right to
modify this Agreement and any policies affecting the Site. Any
modification is effective immediately upon posting to the Site or
distribution via electronic mail or conventional mail. Your
continued use of the Site following notice of any modification to
this Agreement shall be conclusively deemed an acceptance of all
such modification(s). Your only right with respect to any
dissatisfaction with any modifications made pursuant to this
provision, or any policies or practices of Tamil IPTV in providing
the Site, including without limitation (i) any change in the
Content, or (ii) any change in the amount or type of fees
associated with the Fee-Based Services, is to cancel your
subscription in accordance with the subscription help
instructions. Tamil IPTV has the right to modify, suspend or
discontinue the Site or any portion thereof at any time, including
the availability of any area of the Site, including without
limitation the Fee-Based Services. Tamil IPTV may also impose
limits on certain features and services or restrict your access to
parts or all of the Tamil IPTV Site without notice or liability.
PRIVACY POLICY
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Tamil IPTV respects our subscribers' rights to privacy online and
will not share, sell or otherwise distribute your information to any
third party without your prior consent. In order to process client
requests with minimum delay, Tamil IPTV may request information
about you. Any information you provide to Tamil IPTV, including your
name, address, telephone number and e-mail address will only be used
internally by Tamil IPTV to process your membership, support
requests and provide you with the best customer support
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We do not sell, trade, or rent your information, both personally
identifiable and aggregate data, to any parties outside of Tamil
IPTV. Your name and other personal information are only used to
correspond with you.
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Tamil IPTV collects user's email addresses and reserves the right to
send commercial email to all registered users. Users may opt-out of
receiving future mailings by adjusting his/her profile settings on
the Site.
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Financial information that is collected is used only to check the
users' qualifications for registration and to bill the user for
products and services.
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We use the IP address of Consumers to help diagnose problems with
our server and to administer our Site. We use the IP address of
Consumers to help identify their shopping cart.
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We use cookies to keep track of shopping cart contents and/or
referral information. "Cookies" are small pieces of
information that are stored by your browser on your computer's hard
drive. We use cookies to let you use our site easily and to let us
keep track of certain statistical information that helps us improve
the services available. You may set most browsers to notify you if
you receive a cookie or you may choose to block cookies with your
browser, but please note that if you choose to erase or block your
cookies, you will need to re-enter your original user ID and
password to gain access to certain parts of the Site.
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You may choose whether or not to provide personal information to
Tamil IPTV. The notice we intend to provide on the Site where Tamil
IPTV collects personal information should help you to make this
choice. If you choose not to provide the personal information we
request, you can still visit some of Tamil IPTV's Site, but you may
be unable to access certain options, offers and services that
involve our interaction with you.
SECURITY POLICY
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This site has security measures in place to protect the loss, misuse
and alteration of the information under our control. Security of
information in transit to and from our web site is encrypted using
SSL encryption protocols. We store all user information in secure
databases protected via a variety of access controls as well as
using encryption of sensitive information. This data is accessed
only for the purposes specified in this privacy statement. Our
secure server software is industry standard for secure e-commerce
transactions. It encrypts all of your personal information including
name, address, and credit card number, effectively locking off
access as the information travels over the Internet. All customer
credit cards are encrypted in our database.
CHILDREN
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We do not solicit or knowingly accept information from persons under
the age of 18.
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By using this web site, you consent to the terms of our Privacy
Policy and to Tamil IPTV's processing of personal information for
the purposes set forth above. Should the Privacy Policy change, we
intend to take every reasonable step to ensure that these changes
are brought to your attention by posting all changes prominently on
our Site for a reasonable period of time.
YOUR RESPONSIBILITY
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As a customer of Tamil IPTV you may be provided with a unique
identifier such as a username and password which is intended to
authenticate your identity when accessing our systems. Such
identifying items are intended to be secret and to be known,
possessed, and used only by you. The effectiveness of these
mechanisms for authenticating your identity are dependent upon your
keeping them in your exclusive possession and upon your protecting
them from the discovery, access, or possession of others. If you
fail to keep such identifying information in your exclusive
possession (i.e., you allow others to have knowledge or possession
of your password or pin), you may bear responsibility for the
actions of other persons who use this information in accessing our
systems.