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Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.

LAST UPDATED: JANUARY 15, 2012

As used herein, "Services" refers to theweek.com (including web sites designed to be accessed by browsers using Wireless Application Protocol) and other web sites on the World Wide Web or mobile applications developed for tablet devices, smartphones or other mobile electronic devices, originating in the United States, which are owned and/or operated by The Week Publications, Inc. and/or Felix Dennis (collectively, "The Week"). By using these Services, you indicate your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you are not permitted to access these Services and you should not do so.

The Week reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting to these Services, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of these Services after such notice is posted means that you accept these changes or updates.

The Week may change, suspend or discontinue any aspect of these Services at any time, including the availability of any feature or content. The Week may also impose limits on certain features and services or restrict your access to parts or all of these Services without notice or liability.

USE OF MATERIALS LOCATED ON THESE SERVICES: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS

All materials published on these Services (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by The Week or the party credited as the provider of the material. The entire contents of theweek.com are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through these Services. No material from these Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer (or other electronic device) for your personal, noncommercial home use, and may print one hard copy of the material on these Services for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to The Week or the other designated owner of a posted mark. Elements of these Services are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

SUBMISSIONS AND PUBLIC FORUMS

These Services includes social media, chat areas, message boards, e-mail and other interactive functions ("Forums") which allow feedback and submissions to The Week and real-time interaction between guests. Only registered guests who have expressly indicated their agreement to these Terms & Conditions may use any of these Forums. Registration consists of identifying oneself, creating a screen name and password, and expressly indicating by means of clicking on an applicable box or boxes the guest's acceptance of these Terms & Conditions. Registration is subject to The Week's prior approval and your continued compliance with the terms of these Terms & Conditions. The Week reserves the right to refuse participation to any applicant or participant at any time in our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by The Week (including by e-mail). You are solely responsible for keeping your e-mail address and other contact information updated.

Terms & Conditions directly applicable to use of such Forums include the following:

1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials, whether publicly posted or privately transmitted, that you submit to any of the Forums ("Submitted Content"), are your sole responsibility. This means that you, and not The Week, are entirely responsible for all Submitted Content that you upload, post, e-mail or otherwise transmit via the Forums.

2. The Week does not endorse or control the Submitted Content delivered to these Services, and The Week has no obligation to monitor such Submitted Content. As such, The Week does not guarantee the accuracy, integrity or quality of any such Submitted Content. However, The Week reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Submitted Content, in whole or in part, that is in violation of these Terms & Conditions or that it deems to be objectionable or unacceptable for any reason whatsoever.

3. The Week further reserves the right at all times to preserve any Submitted Content or to disclose any Submitted Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Submitted Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Week, its guests and the public.

4. You understand that by using these Services, including its Forums, you may be exposed to Submitted Content that is offensive, indecent or objectionable. Under no circumstances will The Week be liable in any way for any Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed or otherwise transmitted via these Services, including its Forums.

5. You understand that the comments of others displayed in connection with your Submitted Content as used herein ("Third Party Comments"), may be disparaging, defamatory, embarrassing, or otherwise be of an unfavorable nature and may expose you to public ridicule, humiliation or condemnation. The Week expressly disclaims any liability for any Third Party Comments. You acknowledge and agree that The Week shall have the right (a) to include any Third Party Comments on these Services and in any and all forms of advertising, promotion, and publicity for these Services and/or the Submitted Content, and (b) to broadcast and otherwise exploit the Submitted Content with or without Third Party Comments in any manner, and in any media, whether now existing or hereafter developed.

6. By registering, accepting these Terms & Conditions, and uploading Submitted Content, you represent and warrant to The Week the following: (a) you are at least 18 years of age, (b) all of the information provided by you to The Week to enroll and participate in the Forums is correct and current; (c) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the Submitted Content to enter into this Agreement and to grant the rights granted herein; (d) you are the creator of the Submitted Content you upload to these Services (or are specifically authorized to upload the Submitted Content by the copyright holder), and did not take any of its elements from a source such as another Web site, publication, recording, film, or video; (e) you have made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the Submitted Content; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms & Conditions.

7. It is a condition of your access and use of these Services that you do not:

a. Restrict or inhibit any other guest from using and enjoying these Services;

b. Harm minors in any way;

c. Impersonate any person or entity, including, but not limited to, an employee or representative of The Week, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submitted Content transmitted by means of these Services;

e. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services any Submitted Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services any unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;

g. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services any Submitted Content that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally identifying information about persons under age 18;

h. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

i. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or

j. Upload, post, e-mail or otherwise distribute, publish or transmit on these Services or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;

k. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other guests of these Services are able to type, or otherwise act in a manner that negatively affects other guests' ability to engage in real time exchanges;

l. Interfere with or disrupt these Services or servers or networks serving these Services, or disobey any requirements, procedures, policies or regulations of networks connected to these Services;

m. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

n. "Stalk" or otherwise harass another; or

o. Collect or store personal data about other guests.

8. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to these Services, you automatically grant (or warrant that the owner of such rights has expressly granted) to The Week a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You further grant The Week a non-exclusive, worldwide, royalty-free license to use your name in connection with the Submitted Content, and to use the Submitted Content for advertising and promotional purposes.

9. You warrant that any materials you upload, post, e-mail or otherwise distribute, publish or transmit on these Services contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.

SUBMITTED MATERIALS

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through these Services, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with The WeekÕs Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

PURCHASE OF PRODUCTS FROM THESE SERVICES

The purchase of any products from these Services is governed by the terms and conditions of the sales transaction with the provider of the product. THE WEEK MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Week does not have any responsibility for the processing or delivery of products purchased from these Services.

LINKED SITES AND SERVICES

Theweek.com may contain links and pointers to Internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply The Week' endorsement. The Week has not reviewed all of the Third Party Sites linked to these Services and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster

LINKING TO THESE SERVICES

You agree that if you include a link from any other web site to these Services, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of these Services. You are not permitted to link directly to any image hosted on these Services or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on these Services on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to these Services in any manner such that these Services, or any portion of these Services, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to these Services be discontinued, and to revoke your right to link to these Services from any other web site at any time upon written notice to you.

THE WEEK LICENSEES

The Week licenses its Week and other brands to others for use on goods and services ("Third Party Licensees"). The appearance of the brand on these products and services does not mean that these are The Week products or services. The Week makes no warranty of Third Party Licensee products or services. They are products and services offered and sold by independent companies that qualify as Third Party Licensees. The Week is not responsible for these products or services. You purchase and use than at your own sole risk and you should direct any concerns regarding any Third Party Licensee products or services to the appropriate Third Party Licensee company. If you have any questions about the contact information of the Third Party Licensee, The Week will provide contact information from its files for your assistance.

JURISDICTIONAL ISSUES

These Services are controlled and operated by The Week from its headquarters in New York City, New York, United States of America. The Week makes no representation that materials on these Services are appropriate or available for use in other locations. Those who choose to access these Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York City and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

ENFORCEABILITY AND TERMINATION OF AGREEMENT

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in these Services, constitute the entire agreement between you and The Week in connection with your access and use of these Services.

The Week may, in its sole discretion, terminate or suspend your access to all or part of these Services for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from these Services and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use these Services, and the restrictions imposed on you with respect to materials downloaded from these Services and the disclaimers and limitations of liabilities set forth in this agreement shall survive.

DISCLAIMER

Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained in these Services, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using these Services.

THE MATERIALS IN THESE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WEEK AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THESE SERVICES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE SERVICES AND ANY AFFILIATED WEB SITE OR SERVICES WITH WHICH IT IS LINKED. THE WEEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THESE SERVICES. THE WEEK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO LIABILITY

You hereby agree to indemnify, defend and hold harmless The Week and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by The Week and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in these Services. You shall cooperate as fully as reasonably required in the defense of any claim. The Week reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Because you have acknowledged that, at its sole discretion and for any reason, The Week may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of these Services, that you have granted (or warranted that the owner of such rights has expressly granted) to The Week a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against The Week and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of these Services, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse The Week and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).

REGISTRATION/SUBSCRIPTION

As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, including a valid e-mail address, all of which must be accurate and updated:

a. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that The Week, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.

b. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of The Week.

c. You shall notify The Week at http://theweek.com/home/info/contact of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

d. You may share your password and subscriber ID with others, but you are responsible for all usage or activity on your theweek.com account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at The Week's sole discretion, and The Week may refer you to appropriate law enforcement agencies.

SOFTWARE AVAILABLE ON THESE SERVICES

Any software that is made available to download from these Services, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). A guest to these Services will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. THE WEEK MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from these Services is further subject to United States export controls. No software from these Services may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

MINORS

These Services contains material that may not be appropriate for children. If there is a concern by parents that children may visit these Services, The Week recommends using a parental control software package. Some sample parental software packages include: Net Nanny (http://www.netnanny.com), Cyber Patrol (http://www.cyberpatrol.com), Cybersitter (http://www.solidoak.com). Please be advised that The Week does not endorse any one parental software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications. Please read the theweekdaily.com Privacy Policy, in particular the Policy for Minors, for more information regarding the collection of personal information from children.

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - INFRINGEMENT NOTIFICATION

The Week has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If The Week removes material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any guests (including terminating their login and password) and/or block access to the site or services of any guests who repeatedly infringe the copyrights of others.

To file a notice of infringement, you must provide us with a written notice that includes each of the following items:

- Detailed identification of the copyrighted work that you believe has been infringed.

- Detailed identification of the material you claim infringes this copyrighted work.

- Information reasonably sufficient to permit The Week to contact you (e-mail address is preferred).

- The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

- Your signature.

Send the Infringement Notification to the following address:

By email: copyright@theweek.com

By mail:

Mr. Kevin Morgan

The Week Publications, Inc.

55 West 39th Street, 5th Floor

New York, NY 10018

Tel: (646) 717-9500

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - COUNTER NOTIFICATION

The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.

To file a counter notification, you must provide us with a written notice that includes each of the following items:

- Detailed identification of the material The Week has removed.

- Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

- The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

- Your signature.

Send the Counter Notification to the following address:

By email: copyright@theweek.com

By mail:

Mr. Kevin Morgan

The Week Publications, Inc.

55 West 39th Street, 5th Floor

New York, NY 10018

Tel: (646) 717-9500

 
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