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TERMS OF USE
Last modified March 27, 2024
BINDING CONTRACTUAL TERMS
By utilizing the touchy.ai website (the “Website”), including all Content (as defined below) accessible through the Website, the touchy.ai mobile application for customers provided through Apple’s App Store or the Google Play Marketplace (the “App(s)”), or by accessing any associated content such as email feeds, feeds through apps, or other related services provided by touchy.ai (collectively the “Service”), the person or entity downloading or using the Service (“You”) acknowledge (a) that You have perused and comprehended these Terms of Use (“TOU”) (which include the Privacy Policy); and (b) that these TOU possess the same force and effect as a signed agreement.
The Service enables individuals to create characters and engage in conversations with the characters they have created, as well as characters created by other users, utilizing a generative artificial intelligence (AI) chat functionality. The basic Service is freely available for customer use, and message credits can be acquired for full utilization as outlined on our website and mobile apps. Touchy.ai offers in-app purchases to enhance your experience using the Service.
You affirm that You are more than 18 years of age and are fully capable and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TOU, and to abide by and comply with these TOU. Additionally, You affirm that You have not been previously suspended or removed from the Service.
ATTENTION: PLEASE READ THESE TOU, OUR PRIVACY POLICY , AND OUR COMMUNITY GUIDELINES CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING OR ACCESSING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TOU AND CONSENT TO THE PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TOU AND PRIVACY POLICY, DO NOT USE THE WEBSITE AND DO NOT USE AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.
We retain the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. YOU AGREE THAT TOUCHY.AI WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these TOU.
We may change these TOU at any time. Please review the TOU each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TOU. If we materially change these TOU, we will notify You by presenting them to You again when You access the Service and sending an email notifying You of the changes to the email address We have on file for You. If we do not have Your email address, We will update this page to reflect any changes to the TOU.
These TOU encompass a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, and a class action waiver in Sections 1, 3, 4, 8, 11, 14-17, 20, and in the Apple and Google required terms at the end. Please review those sections (and all of the other terms) carefully.
PRIVACY POLICY
Our Privacy Policy outlines the details about the information collected when You and others use our Service. It further explains how Touchy.ai utilizes and shares any personal information You choose to share with us. This Privacy Policy is an integral part of our Terms of Use (TOU). By agreeing to the TOU, You are also providing consent for the collection, use, and sharing of Your personal information in accordance with our Privacy Policy. For a thorough review, please click here to access our Privacy Policy.
LINKS TO AND FROM THE SERVICE
The Service may include links to third-party websites and online services, such as apps and social media sites, that are not owned or controlled by Touchy.ai. It is important to note that Touchy.ai has no authority over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services. Your access and use of these websites or online services are at Your own risk. These links are provided for Your convenience, and their inclusion does not necessarily imply endorsement, sponsorship, or recommendation of the material on these third-party websites or online services, nor any association with their operators. Additionally, Touchy.ai cannot control or edit the content of any third-party website or online service.
BY USING THE SERVICE, YOU EXPRESSLY RELEASE Touchy.ai, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE TOUCHY.AI PARTIES”), APPLE, AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE. ANY LOSS OR DAMAGE OF ANY SORT THAT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY IS YOUR SOLE RESPONSIBILITY. Therefore, we strongly encourage You to exercise caution, be aware when leaving the Service, and carefully read the terms and conditions of use for each other website or online service that You choose to visit.
Unless otherwise agreed in writing with Touchy.ai, You may link to the Website from Your own website, subject to the following conditions: (1) You may not frame the Website or any portion of it; (2) You will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) The link must be identified using a plain text rendering of the Touchy.ai name and not any Touchy.ai logo; (4) You may not use any Touchy.ai logos in any way; (5) You may not use the link in any way that suggests Touchy.ai's association with or endorsement of You or Your website; (6) The link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive, or malicious, and may not be presented in any way that disparages Touchy.ai or damages its rights, reputation, or goodwill; and (7) We reserve the right to terminate Your right to link to the Website at any time, for any reason or no reason.
USER SUBMISSIONS
You, along with other users, have the opportunity to submit a variety of content, such as feedback, notes, text, graphics, photos, videos, and other communications (collectively referred to as “User Submissions”) to the Service. The Service may facilitate the hosting, sharing, and publishing of such User Submissions. For instance, users can share text, photos, and images. While Touchy.ai values and welcomes Your comments and suggestions, it's important to note that, except for personal information collected per Our Privacy Policy, User Submissions are considered non-confidential and non-proprietary.
You acknowledge and agree to the following:
Confidentiality and Compensation: Touchy does not guarantee any confidentiality for User Submissions. Touchy does not provide compensation for User Submissions. Touchy is under no obligation to respond to or post any User Submissions.
User Responsibility: You are solely responsible for Your User Submissions and the consequences of posting or publishing them. Touchy does not claim ownership of any of Your User Submissions.
License Grant: By submitting User Submissions, You grant Touchy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works, display, publish, and otherwise exploit the User Submissions in connection with the Service and Touchy’s business.
Derivative Works: Upon the creation of derivative works, modifications, or changes to User Submissions, the resulting content becomes the sole and exclusive property of Touchy.ai.
Representation and Warranty: You represent and warrant that You have the right to transmit, submit, or post the material in Your User Submissions. You agree not to engage in certain activities, including submitting copyrighted material without permission or posting inappropriate content.
Monitoring and Moderation: Touchy reserves the right to monitor, alter, edit, or remove Content, including User Submissions, and block users without prior notice and for any reason. Touchy reserves the discretion to decide whether any Content, including a User Submission, is appropriate and complies with the TOU.
Exposure to User Submissions: You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. Touchy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of User Submissions.
Waiver and Indemnification: You waive any legal or equitable rights or remedies against Touchy, Apple, and Google regarding User Submissions. You agree to indemnify and hold the Touchy Parties, Apple, and Google harmless to the fullest extent allowed by law regarding matters related to Your use of the Service.
USERS VIOLATING ANY SITE POLICIES
Touchy.ai reserves the right, at its sole discretion, to take action against users who violate these Terms of Use (TOU) or the Community Guidelines. This may include disabling, partially disabling, or terminating the accounts of users engaged in the following activities:
Copyright Infringement: Users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if such violations are repeated.
Non-Payment: Users who fail to pay applicable fees for the use of the Service.
False Information: Users who provide false or inaccurate information.
Breach of TOU: Users who breach these TOU, including any warranties.
Policy Violations: Users who violate policies related to adult nudity and sexual activity or any other Community Guideline.
Misuse of Touchy.ai Rights: Users who misuse or challenge Touchy.ai’s rights in the Content.
Touchy.ai will exercise its discretion in determining appropriate actions in response to such violations, with the goal of maintaining a safe and positive user experience for the entire community.
RESTRICTIONS ON USE OF THE SERVICE
In utilizing the Service, you are expected to adhere to Touchy.ai’s Community Guidelines. Specifically, in your use of the Service, you must refrain from:
Misuse of Features: Using the Service for purposes other than those for which the features are intentionally provided.
Unauthorized Copying and Distribution: Copying, downloading, or distributing any part of the Service without prior written authorization from Touchy.ai (except for the text from your own chats with characters you created).
Modification and Derivative Works: Altering, modifying, or creating derivative works from any part of the Service without prior written authorization from Touchy.ai.
Commercial Exploitation: Attempting to commercially exploit or make available to any third party the rights granted under these TOU, the Service, or any Content.
Unauthorized Content Usage: Modifying, copying, distributing, downloading, scraping, using to train software or artificial intelligence, or transmitting any Content from the Service other than Your legally posted content and the text from your own chats with characters you created.
False Information and Unauthorized Account Creation: Providing false personal information or creating an account for anyone other than yourself without permission.
Security Compromises: Jeopardizing the security of your account by sharing passwords, letting others access your account, or engaging in any other activity that could compromise its security.
Account Assignment and Transfer: Assigning or transferring your account or login information to anyone without proper authorization.
Prohibited Uses: Engaging in various prohibited activities such as posting illegal or harmful content, infringing on intellectual property rights, damaging the Service, or violating the law.
Unlawful Solicitation: Facilitating or engaging in gambling, gaming, raffles, lotteries, sweepstakes, and/or any other prize awarding activities.
Impersonation and Misrepresentation: Impersonating or misrepresenting any person or entity or falsely claiming affiliation with someone else.
Privacy Violations: Collecting personal information of other users without consent.
Harmful Content and Solicitations: Posting harmful or unauthorized content, as well as engaging in unsolicited advertising, spam, or any form of solicitation.
Security Threats: Uploading or transmitting harmful files, code, or programs that could damage, disable, or impair the Service.
Child Safety and Data Protection: Posting or submitting personal information of a child under 18 years old or information that could locate such a child.
Touchy.ai will actively cooperate with law enforcement authorities or court orders seeking disclosure of the identity of individuals violating these TOU. Touchy.ai places a strong emphasis on children’s online safety and prohibits the submission of information regarding children under 18 years old. If you are under 18 years of age, please refrain from submitting any information or using the Service.
Intellectual Property
All visual, auditory, and experiential elements on the Service, including graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features, and related data (collectively referred to as "Content"), as well as the trademarks, service marks, and logos within ("Marks"), are either owned by or licensed to Touchy.ai. These are subject to copyright and intellectual property rights under both United States and international laws. Touchy.ai retains the copyright for the selection, coordination, arrangement, and enhancement of the Content. Unauthorized use of materials on the Service or the Marks may violate copyright, trademark, and other applicable laws. "TOUCHY.AI" and the TOUCHY.AI logo are trademarks owned by Touchy.ai.
For personal use, you are allowed to view, copy, and print pages from the Service. However, the Service, including the Content and Marks, may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or exploited for any other purposes without the prior written consent of the respective owners. Touchy.ai reserves all rights not explicitly granted in the Service, the Content, and the Marks. Users agree not to use, copy, download, or distribute any Content, excluding legally posted User Submissions, for commercial purposes. Incorporating the Content into any hardware or software application or making it available via frames or in-line links without written permission from Touchy.ai is prohibited. Creating indices of significant portions of the Content, building a business using the Content, and any circumvention or interference with security features of the Service are also expressly prohibited.
Advertisement/Sponsor Release
Touchy.ai disclaims responsibility for advertisements or third-party material posted on or transmitted through the Service. This includes products or services provided by advertisers ("Advertisers"). Any interactions with Advertisers are strictly between you and the Advertiser, and Touchy.ai accepts no liability for any loss or claim arising from such interactions.
By using the Service, you assume all risks and release Touchy.ai, Apple, and Google from any and all claims, demands, and damages of any kind, known or unknown, arising from your use of the Service and transactions with professionals, Advertisers, or other third parties. You explicitly waive rights and benefits conferred by any statutory or non-statutory law that might limit the scope of such a release or waiver. You also waive and relinquish rights under Section 1542 of the Civil Code of the State of California or any similar provision in the statutory or non-statutory law of any other jurisdiction to the extent permitted by law.
Notice and Procedure for Intellectual Property Claims
If you believe that any Content, User Submissions, or material referred to or linked by Touchy.ai infringes your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA). The notification should include:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right being infringed.
Identification of the copyrighted work claimed to be infringed or a representative list of such works.
Identification of the infringing material and information to locate it.
Sufficient contact information to permit communication with you.
A statement of good faith belief that use of the material is not authorized.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.
Notifications pursuant to the DMCA should be sent to Touchy.ai's Copyright Compliance Department at the provided address.
Failure to comply with these requirements may invalidate your DMCA notice. Emails or notices sent without proper subject lines or for purposes other than intellectual property claims may not receive acknowledgment or response.
Trademarks, Celebrity Material, and Notification of Infringement
Touchy.ai addresses complaints related to potential infringements of trademarks or celebrity material within its Content. Trademarks encompass elements like logos, brand names, and trade dress, representing the distinctive visual appearance of a product or its packaging.
It is crucial to understand that celebrities, and in some cases others, may possess a "right of publicity." This implies they have the right to control commercial uses of their name, image, likeness, and other aspects of their identity. While being a fan is appreciated, using a celebrity's name or likeness on the Service without their permission may risk infringing on their rights.
If you are a trademark owner or a celebrity and believe that your rights have been infringed upon on the Service, please submit a notification of infringement to our designated agent mentioned in Section 9 above. To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
In the case of trademark or trade dress infringement, include a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Additionally, specify the location on the Service where you believe the infringement is occurring.
Errors, Inaccuracies, and Omissions
Occasionally, information on the Service may contain typographical errors, inaccuracies, or omissions. We retain the right to rectify any such errors, inaccuracies, or omissions and to alter or update information as needed, without prior notice, even after you have completed your registration.
We do not assume any obligation to update, amend, or clarify information on the Service or any related website, including pricing information unless required by law. The absence of a specified update or refresh date on the Service or any related website should not be construed as an indication that all information therein has been modified or updated.
REFUND POLICY
Prior to becoming a member of the Service, please thoroughly review the financial terms along with other policies and documents. We do not entertain requests for refunds of usage fees. By using the Service, you agree not to dispute or initiate a "chargeback" from the credit card company responsible for the fees on the Service, except in cases of fraud. In the event that such disputes occur, Touchy.ai reserves the right, at its sole discretion, to decline pending and future transactions or entries made from all credit card accounts or online accounts associated with chargebacks. Touchy.ai may also prohibit individuals or businesses linked to the credited accounts and anyone breaching this provision from using the Service. Touchy.Ai may also fight disputes and share your account information with your bank.
WARRANTIES
In using Touchy.Ai's services, you make the following warranties and representations:
The information you provide to Touchy.Ai, including personal details, contact information, and all other data in registration, applications, profiles, emails, postings, telephone calls, or other means, is true, up-to-date, and not misleading.
You will not access the Service under false pretenses or utilize it to falsify your identity or that of any other person. However, you are permitted to use a nickname by which you are lawfully and in good faith known.
You possess the necessary permissions from individuals depicted in photographs, videos, or recordings submitted to the Service. This includes the right to use their likeness and/or voice, along with all other legal rights essential to grant the license to Touchy.ai as mentioned above.
You will use the Service in a lawful and good-faith manner.
You will keep Your log-in details and password secure and will not share such information with third parties.
DISCLAIMERS
Your utilization of the Service is accepted under the terms of your sole responsibility. The Service is presented to you on an "as is" and "as available" basis. The Touchy.ai Parties, Apple, and Google make no warranty and provide no representation regarding the Service, the Content, or any services, events, or agreements with an advertiser or third party. To the fullest extent permitted by law, the Touchy.ai Parties, Apple, and Google expressly disclaim any representation or warranty, whether express, implied, statutory, or otherwise, concerning the Service, any software licensed or provided to you, and any agreement with a third party. This includes but is not limited to implied warranties of availability, non-disruption, security, accuracy, reasonable care and skill, quality, merchantability, title, entitlement, fitness for a particular purpose, ability to achieve a particular result or functionality, and non-infringement of third-party rights. Furthermore, the Touchy.ai Parties, Apple, and Google do not guarantee the accuracy, completeness, or currentness of information on the Service or linked websites or apps. They do not assure uninterrupted or error-free Service operation, the quality, safety, or legality of any content, products, services, or materials obtained through the Service, or compliance with local, state, or national laws when using the Service for SMS messaging, email, or other notifications. The Touchy.ai Parties, Apple, and Google disclaim liability for any errors, mistakes, inaccuracies, personal injury, property damage, unauthorized access, interruption of transmission, bugs, viruses, or any loss or damage arising from content posted, emailed, transmitted, or made available through the Service.
INDEMNITY
You acknowledge that the Touchy.ai Parties, Apple, and Google do not guarantee the quality, safety, or legality of goods or services provided by third parties or advertisers. You agree to indemnify, defend, and hold harmless the Touchy.ai Parties, Apple, and Google from claims, losses, demands, damages, costs, liabilities, expenses, and attorney's fees arising from your use of the Service, breach of these TOU, violation of third-party rights, damage caused by your user submissions, transactions facilitated by the Service, or activity related to your accounts. In case of legal action against you due to TOU violations, you agree to pay reasonable attorney's fees and costs incurred by the Touchy.ai Parties, Apple, or Google.
You also agree to receive notifications via text messages, emails, or other means through the Service. If you send messages governed by the Telephone Consumer Protection Act or the CAN-SPAM Act, you agree to indemnify the Touchy.ai Parties against claims, losses, demands, damages, costs, liabilities, expenses, and attorney's fees arising from your failure to obtain proper consent for inputting personal information or sending notifications through the Service, including claims under the Telephone Consumer Protection Act and the CAN-SPAM Act.
LIMITATIONS ON LIABILITY
In no event shall the Touchy.ai Parties, Apple, or Google be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages resulting from the Service or third-party products or services, under these TOU or in connection with their performance, breach, or any warranties hereunder. This includes damages for negligence, loss of profits or savings, loss of data, loss of opportunity, loss of reputation, goodwill, or business, even if the Touchy.ai Parties, Apple, or Google have been advised of the possibility of such damages in advance.
The Touchy.ai Parties, Apple, and Google bear no liability for any damage, loss, or undesirable consequences arising from:
Suspension or disruption of the Service, whether due to the Touchy.ai Parties' negligence.
Errors, mistakes, or inaccuracies of content.
Personal injury or property damage resulting from your access to and use of the Service.
Unauthorized access to or use of Touchy.ai's servers and information stored therein.
Interruption or cessation of transmission to or from the Service.
Inadequate or faulty hardware operating the Service.
Bugs, viruses, trojan horses, or similar elements transmitted by any third party.
User submissions, content, or third-party websites or apps.
Disclosure of, unauthorized access to, or alteration of your information or content.
Statements or conduct of any users, advertisers, or other third parties through the Service.
Errors or omissions in any content.
Any breach of these TOU by Touchy.ai or its failure to provide any service under these TOU.
Any loss or damage incurred as a result of your use of any content, your business transactions, or other interactions with any advertisers, wherein such content or advertisement is posted, emailed, transmitted, or otherwise made available via the Service.
The foregoing limitations of liability apply to the fullest extent permitted by law in the applicable jurisdiction. The Touchy.ai Parties, Apple, and Google have no liability for any damage, loss, or undesirable consequences resulting from your breach of warranties or other obligations under these TOU, including the obligation to avoid sharing your email or log-in details.
The maximum aggregate liability of the Touchy.ai Parties for any single event giving rise to a claim is limited to the total sum paid by you to Touchy.ai in the immediately preceding six months. By accessing the Service, you acknowledge the possibility of waiving rights with respect to unknown or unsuspected claims.
Any claims related to the use of the Service must be brought within one year from the date the cause of action arose. Claims brought after this period are void. The Service is controlled and offered by Touchy.ai from its facilities in the United States of America. Users accessing or using the Service do so voluntarily and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
Neither party will be in breach of these TOU or liable for any failure or delay in performance of obligations under these TOU due to Force Majeure Events. Touchy.ai will use reasonable efforts to notify users of any Force Majeure Event affecting the provision of the Service through the Service, its website, or email communication.
BASIS OF AGREEMENT
You acknowledge and agree that Touchy.ai has offered its services, set its prices, and entered into these TOU in reliance upon the warranty disclaimers and limitations of liability herein. These disclaimers and limitations reflect a reasonable allocation of risk between you and the Touchy.ai Parties, forming an essential basis of the agreement. Touchy.ai would be unable to provide the service on an economically reasonable basis without these limitations.
Equitable Relief
In case of a violation of these TOU, we may seek injunctive or other equitable relief.
Assignment
The TOU and granted rights/licenses may be transferred or assigned by you only with Touchy.ai's prior written consent. Touchy.ai may assign without restriction and without notice.
Class Action Waiver
Dispute resolution proceedings will be conducted only on an individual basis. You explicitly consent to this waiver by accessing and continuing to use the service.
Subpoena Fees
If Touchy.ai provides information in response to a subpoena related to your account, we may charge you for associated costs.
Export Control
You agree to comply with applicable laws regarding software and the transmission of technical data exported from the United States.
General
These TOU constitute the entire agreement between the parties and supersede all prior agreements. If any provision is deemed invalid, it shall be limited or replaced to preserve the intent. Each party acknowledges not relying on representations outside these TOU.
Claims related to the Service must be brought within one year. The Service is deemed solely based in Delaware, and the parties submit to the exclusive jurisdiction of New Castle County, Delaware.
APPLE REQUIRED TERMS
Touchy.ai and you acknowledge that the TOU are between Touchy.ai and you, not with Apple. Touchy.ai is solely responsible for the service.
The license granted for the service is limited to use on Apple-branded products. Touchy.ai is responsible for maintenance and support.
Touchy.ai is solely responsible for any product warranties, and Apple has no obligation for maintenance.
Touchy.ai, not Apple, addresses claims, including product liability and intellectual property.
You represent compliance with U.S. Government requirements.
Touchy.ai is the contact for questions, complaints, or claims.
Compliance with third-party terms is required.
Apple is a third-party beneficiary of the TOU.
GOOGLE INC. ADDITIONAL TERMS
(a) Touchy.ai is solely responsible for the Touchy.ai Mobile APPLICATION.
(b) Google Play is governed by the Google Terms of Service and Google Play Terms of Service.
(c) Touchy.ai is responsible for providing maintenance and support. Contact Touchy.ai for support.
(d) Google has no warranty obligation with respect to the Touchy.ai Mobile application.
(e) Google is not responsible for claims related to the Touchy.ai Mobile application.
(f) Google is not responsible for claims of intellectual property infringement.
(g) You represent compliance with U.S. Government requirements.
(h) Google may collect usage statistics from Google Play and your Supported Device.
(i) Touchy.ai or Google may restrict or remove the Touchy.ai Mobile application without entitlement to refund or compensation.
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Feature Coming Soon!
Touchy.ai is still in its early development stage BUT we will be releasing this feature and many other features rapidly in the next few weeks so stay tuned! Emails will be sent out to members with notifications turned on.
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