Privacy Policy and Terms of Service

 
 
Privacy Policy

Effective date: May 23, 2018

Quite Intuitive LLC ("us", "we", or "our") operates the www.albumdraft.com website (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.albumdraft.com

Definitions

  • Service

    Service is the www.albumdraft.com website operated by Quite Intuitive LLC

  • Personal Data

    Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

  • Usage Data

    Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Cookies

    Cookies are small pieces of data stored on your device (computer or mobile device).

  • Data Controller

    Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

    For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

  • Data Processors (or Service Providers)

    Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

    We may use the services of various Service Providers in order to process your data more effectively.

  • Data Subject (or User)

    Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Quite Intuitive LLC uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

 

Terms of Service
albumdraft.com is an album presentation service that allows Photographers to create online album portfolios for review and comment by their clients. The services offered by albumdraft.com ("albumdraft.com" or "we") include the albumdraft.com website (the "Albumdraft Website"), and any other features, content, or applications offered from time to time by albumdraft.com in connection with the Albumdraft Website (collectively, the "Albumdraft Services"). The Albumdraft Services are hosted in the U.S.
 
This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the Albumdraft Services. By using the Albumdraft Services, you agree to be bound by this Agreement, whether you are a "User" (which means that you have been provided with access to the Albumdraft Website by a Member) or you are a "Member" (which means that you have registered and paid for an account with albumdraft.com). You are only authorized to use the Albumdraft Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Albumdraft Website and discontinue use of the Albumdraft Services immediately. If you wish to become a Member, and make use of the Albumdraft Services, you must read this Agreement and indicate your acceptance during the Registration process.
 
This Agreement includes albumdraft.com's policy for acceptable use of the Albumdraft Services and Content posted on the Albumdraft Website, your rights, obligations and restrictions regarding your use of the Albumdraft Services and albumdraft.com's Privacy Policy. In order to participate in certain Albumdraft Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Albumdraft Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
 
albumdraft.com may modify this Agreement from time to time and such modification shall be effective upon posting by albumdraft.com on the Albumdraft Website. You agree to be bound to any changes to this Agreement when you use the Albumdraft Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
 
Albums may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. albumdraft.com assumes no responsibility or liability for this material should it be available online despite this prohibition.
 
albumdraft.com reserves the right, in its sole discretion, to reject, refuse to post or remove any albums by you, or to restrict, suspend, or terminate your access to all or any part of the Albumdraft Services at any time, for any or no reason, with or without prior notice, and without liability.
 
1. Eligibility
 
Use of and Membership in the Albumdraft Services is void where prohibited. By using the Albumdraft Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Albumdraft Services does not violate any applicable law or regulation.
 
2. Term
 
This Agreement shall remain in full force and effect while you use the Albumdraft Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect.
 
3. Fees
 
Albumdraft charges fees for various services including but not limited to the annual subscription services, premium download packages, setup, installation, and/or support). Fees for Albumdraft Services must be pre-paid using an approved credit/debit card. We accept Visa, MasterCard, and American Express (“ALBUMDRAFT.COM” will be listed as the vendor on your statement). You acknowledge that albumdraft.com reserves the right to change its fees from time to time in its discretion. If albumdraft.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
 
4. Password(s)
 
When you sign up you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your passwords. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password by sending an e-mail to support@albumdraft.com. You are solely responsible for any and all use of your account.
 
5. Proprietary Rights of Content on albumdraft.com
 
A) albumdraft.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Albumdraft Services. After posting your Content to the Albumdraft Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing any Content on or through the Albumdraft Services, you hereby grant to albumdraft.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Albumdraft Services.
 
Without this license, albumdraft.com would be unable to provide the Albumdraft Services. For example, without the right to modify Member Content, albumdraft.com would not be able to format Content to satisfy technical requirements. The license you grant to albumdraft.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to albumdraft.com), fully-paid and royalty-free (meaning that albumdraft.com is not required to pay you for the use on the Albumdraft Services of the Content that you post), sublicensable (so that albumdraft.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Albumdraft Services), and worldwide (because the Internet and the Albumdraft Services are global in reach). This license will terminate at the time you remove your Content from the Albumdraft Services. The license does not grant albumdraft.com the right to sell your Content, nor does the license grant albumdraft.com the right to distribute your Content outside of the Albumdraft Services.
 
B) You represent and warrant that: (i) you own the Content posted by you on or through the Albumdraft Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Albumdraft Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Albumdraft Services.
 
C) The Albumdraft Services contain Content of albumdraft.com ("albumdraft.com Content"). albumdraft.com Content is protected by copyright, trademark, patent, trade secret and other laws, and albumdraft.com owns and retains all rights in the albumdraft.com Content and the Albumdraft Services. albumdraft.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the albumdraft.com Content (excluding any software code) solely for your use in connection with viewing the Albumdraft Website and using the Albumdraft Services.
 
D) The Albumdraft Services contain Content of Members and other albumdraft.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Albumdraft Services.
 
6. Content Posted.
 
albumdraft.com may delete any Content that in the sole judgment of albumdraft.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. albumdraft.com assumes no responsibility for monitoring the Albumdraft Services for inappropriate Content or conduct. If at any time albumdraft.com chooses, in its sole discretion, to monitor the Albumdraft Services, albumdraft.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
 
You are solely responsible for the Content that you post on or through any of the Albumdraft Services, and any material or information that you transmit and for your interactions with other Users. albumdraft.com does not endorse and has no control over the Content. Content is not necessarily reviewed by albumdraft.com prior to posting and does not necessarily reflect the opinions or policies of albumdraft.com. albumdraft.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.
 
7. Content/Activity Prohibited.
 
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Albumdraft Services. albumdraft.com reserves the right to investigate and take appropriate legal action against anyone who, in albumdraft.com's sole discretion, violates this provision, including without limitation, removing the offending Content from the Albumdraft Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of albumdraft.com:
 
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated images or photographs, or providing pirated;
includes a photograph of another person that you have posted without that person's consent; or
The following is a partial list of the kind of activity that is illegal or prohibited on the Albumdraft Website and through your use of the Albumdraft Services. albumdraft.com reserves the right to investigate and take appropriate legal action against anyone who, in albumdraft.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
 
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
interfering with, disrupting, or creating an undue burden on the Albumdraft Services or the networks or services connected to the Albumdraft Services;
attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your account;
creating several accounts to exploit the free album
using the Albumdraft Services in a manner inconsistent with any and all applicable laws and regulations.
 
- Reusing albums with different clients in the pay per album model.
- Creating several accounts to take advantage of the first free album.
 
We reserve the right to delete any album without warning.
 
8. Copyright Policy.
 
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of albumdraft.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to albumdraft.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Albumdraft Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Albumdraft Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
 
9. Privacy.
 
Use of the Albumdraft Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
 
10. Disclaimers.
 
albumdraft.com is not responsible for any incorrect, inaccurate, or unauthorized Content posted on the Albumdraft Website or in connection with the Albumdraft Services, whether caused by Members or Users of the Albumdraft Services or by any of the equipment or programming associated with or utilized in the Albumdraft Services. albumdraft.com is not responsible for the conduct, whether online or offline, of any Users or Members of the Albumdraft Services. albumdraft.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. albumdraft.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Albumdraft Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Albumdraft Services. Under no circumstances shall albumdraft.com be responsible for any loss or damage resulting from use of the Albumdraft Services, from any Content posted on or through the Albumdraft Services, or from the conduct of any Users of the Albumdraft Services, whether online or offline. The Albumdraft Services are provided "AS-IS" and as available and albumdraft.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. albumdraft.com cannot guarantee and does not promise any specific results from use of the Albumdraft Services.
 
11. Limitation on Liability.
 
IN NO EVENT SHALL albumdraft.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF albumdraft.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, albumdraft.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO albumdraft.com FOR THE Albumdraft SERVICES DURING THE TERM OF MEMBERSHIP.
 
12. U.S. Export Controls.
 
Software available in connection with the Albumdraft Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Albumdraft Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
 
13. Disputes.
 
If there is any dispute about or involving the Albumdraft Services, you agree that the dispute shall be governed by the laws of the State of Wyoming, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Wyoming. Either albumdraft.com or you may demand that any dispute between albumdraft.com and you about or involving the Albumdraft Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA), provided that the foregoing shall not prevent albumdraft.com from seeking injunctive relief in a court of competent jurisdiction.
 
14. Indemnity.
 
You agree to indemnify and hold albumdraft.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Albumdraft Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Albumdraft Website or through the Albumdraft Services causes albumdraft.com to be liable to another.
 
15. Other.
 
This Agreement is accepted upon your use of the Albumdraft Website or any of the Albumdraft Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and albumdraft.com regarding the use of the Albumdraft Services. The failure of albumdraft.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Albumdraft is a Registered Trademark of Quite Intuitive, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
 
Please contact us with any questions regarding this Agreement at support@albumdraft.com
Return and Refund Policy

Thank you for shopping at Albumdraft.

Please read this policy carefully. This is the Return and Refund Policy of Albumdraft.

Digital products

We issue refunds within 30 days of the original purchase of the product.

We recommend contacting us for assistance if you experience any issues.

Contact us

If you have any questions about our Returns and Refunds Policy, please contact us:

  • By email: support@albumdraft.com

EU Data Protection

We value your trust and work hard to protect your information

 
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Quite Intuitive LLC legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Quite Intuitive LLC may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it's not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Retention of Data

Quite Intuitive LLC will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Quite Intuitive LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Quite Intuitive LLC will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

Quite Intuitive LLC may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Quite Intuitive LLC
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

"Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Quite Intuitive LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

  • The right to object. You have the right to object to our processing of your Personal Data.

  • The right of restriction. You have the right to request that we restrict the processing of your personal information.

  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Quite Intuitive LLC relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors 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 payment information.

The payment processors we work with are:

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • By email: support@albumdraft.com
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