Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Permission is granted to temporarily download one copy of the materials (information or software) on GoFest�s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
Modify or copy the materials;
Remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or �mirror� the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated byGoFest at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
Attempt to decompile or reverse engineer any software contained on GoFest�s web site;
In no event shall GoFest or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on GoFest�sInternet site, even if GoFest or a GoFest authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials on GoFest�s web site are provided �as is�. GoFest makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GoFest does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
GoFest links to other Internet web sites, but we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GoFest of the site. Use of any such linked web site is at the user�s own risk.
6. Revisions and Errata
The materials appearing on GoFest web site could include technical, typographical, or photographic errors. GoFestdoes not warrant that any of the materials on its web site are accurate, complete, or current. GoFest may make changes to the materials contained on its web site at any time without notice. GoFest does not, however, make any commitment to update the materials.
7. Governing Law
Any claim relating to GoFest�s web site shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions.
9. Additional Rules for Social Networking, Social Commerce and Content Sharing Services
GoFest makes available certain services, which may combine social networking features with content sharing features and social commerce (�Social Networking Services�).
By registering for a Social Networking Service, you agree to at all times abide by all of the rules set forth in this Agreement and any Additional Terms.
For some Social Networking Services, we may use third party platforms. When we do so, you must also agree to abide by the rules of the platform provider, to the extent that they apply, as well.
Some Social Networking Services may enable you to share, promote and sell content and material that you may upload to or link to through the Service. Such content may consist of images, music, videos, games and text (e.g., text in the form of blog posts and comments). In addition, you may be able to create your own �profiles� with content that you upload to or link to through the Social Networking Service.
Additionally, as part of the Social Networking Service, you may be able to comment on, rank and rate certain content, games, applications or other products and services. You are prohibited from falsely or fraudulently influencing the ratings and/or rankings of certain content (for example, without limitation, by rating a particular piece of content multiple times for the purpose of fraudulently affecting its ranking). In the event that GoFest determines, in its sole discretion, that you have engaged in such illegitimate or fraudulent activity, your membership may be subject to immediate suspension or termination by GoFest without notice or further liability to you.
GoFest�s Social Networking Services are designed to function as a community in which users may share their own, original, user-created content, and make recommendations or legitimate purchases of or links to third party copyrighted (or otherwise protected) content from authorized sources.
In the event that you upload, post, transmit or otherwise submit any content that violates any of the terms of this Agreement or any Additional Terms or otherwise violates or infringes a third party�s rights, the content will be taken down and your membership may be suspended or terminated by GoFest, in our sole discretion, without further notice.
You are responsible for complying with all applicable laws with respect to any messaging activities you engage in using a Social Networking Service.
You also are prohibited from using unlawful adware, spyware or similar deceptive means to promote content, or other products or services made available on other through the Service. Furthermore, you may not post, upload or otherwise transmit content that may contain or link to viruses, adware, spyware or other malware or malicious or corrupt code.
You are prohibited from selling or otherwise distributing content via means other than the tools, interfaces, or other features that the Service specifically makes available for such purposes.
10. Linking and Framing by Users
Through the Service, you may have the opportunity to include links and pointers to other content from your �profiles,� blog(s) or other areas of the Service and other web and mobile sites and social networking platforms.
You may not create links from the Service to third party content, products or services, nor may you frame third-party sites, in any manner that would violate the rights of the third party or the terms and conditions applicable to such third party content, products or services.
You may not create links, pointers or frames in any manner that implies that GoFest sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses any third party site or any content, product or service thereon, or that any such site is authorized to use any trademark, trade name or logo of GoFest.
You may also have the opportunity to �export� some content from your profile to other web sites, blogs, etc. (so as to cause the selected content to be displayed on such other site or location). You shall not do so in any manner that would violate the terms and conditions applicable to such Web site, blog or other location.
GoFest, in its sole discretion, may prohibit you from linking your profile or content on your profile to any sites or content that, if used or displayed in connection with the Service, would violate any of GoFest�s agreements or policies, or any applicable law, rule or regulation.
11. Cookies and Other Locally Shared Objects
We try to provide you with services, products and offers customized to your interests. In order to do that, we may use �cookies� and �locally shared objects� to keep and sometimes track information about you.
When you confirm a transaction on the Service, you agree to be bound by and pay for that transaction. All sales are final.
You may be presented with Additional Terms related to a specific purchase before you confirm the transaction. Those Additional Terms will also govern that transaction.
We allow you to make payments using credit cards, debit cards and a variety of other payment methods, as indicated on the Service.
When you provide a payment to us, you confirm that you are permitted to use that card or other source of payment. You also authorize us to collect and store it, along with other related transaction information.
When you make a payment, you authorize us (and our payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter.
If you cancel a transaction before completion, the pre-approval may result in your funds not being immediately available.
If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
We may cancel or delay any transaction or deactivate your account if we believe the transaction violates these Terms of Service, or we believe doing so may prevent financial loss.
We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
We may cancel any credits transferred, assigned, or sold in violation of these Terms of Service.
If your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys� fees. Interest will accrue on any past due amounts at the rate of the lesser of 1-2/3% per month or the lawful maximum.
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE SERVICE.
13. Billing Disputes and Refunds
If you have a complaint or dispute about a charge, or about a certain feature or product of the Service, you must notifyGoFest�s customer service (and not your wireless carrier) of such complaint or dispute immediately.
GoFest�s may issue refunds for certain corrupt or defective Content (or other products or services offered or made available on or through the Service). However, if you repeatedly request refunds, which in our sole discretion are illegitimate, your use of the Service may be subject to suspension or termination, without further notice to you.
If you do not bring billing issues to GoFest�s attention within 90 days after they first appear on your bill or statement, you waive your right to dispute such problems or discrepancies.
Fees charged for certain subscription plans are due in advance unless provided otherwise in your subscription plan, and are nonrefundable. You understand that GoFest�s right to make certain services available to you may expire, in which case GoFest�s may cease delivering the services to you.
You agree to notify us immediately, if you believe that an unauthorized transaction has taken place on your account so we may take action to prevent financial loss.
You agree to reimburse us for all charges, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) arising out of payments that you authorized or accepted.
If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent. We may intervene in disputes between Service users concerning payments but have no obligation to do so. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
14. Fee Changes
All fees for the Service are subject to change. GoFest will provide you with reasonable notice of such changes in the �Pricing� section of the Service. It is up to your wireless carrier to notify you if there are any changes to its rates. If you do not accept GoFest�s new fees, you will have ten (10) days from the date of notice to cancel your subscription or your account.
15. Privacy and Security of Your Account Information
You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.
You agree that you will not allow others to use your user name, �nickname,� �digital locker,� password or other Account Information.
You agree to indemnify and hold GoFest, its partners, parents, subsidiaries, agents, affiliates and licensors, and your carrier, (and their respective officers, directors and employees) harmless from and against any improper, unauthorized or illegal uses of your account.
16. Private or Sensitive Information on Public Forums
It is important to remember that materials or comments submitted to a public forum may be recorded and stored in multiple places, both on the Service and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose embarrassing, sensitive, proprietary or confidential information in your materials or comments to our public forums.
17. Review and Disclosure of User Material
GoFest reserves the right, but does not have an obligation, to monitor and review all materials posted to the Service by users, and GoFest is not responsible for any such materials posted by users.
GoFest reserves the right at all times to review and disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in GoFest�s sole discretion are objectionable or in violation of this Agreement, GoFest�s policies or applicable law.
18. GoFest Rights to User Materials
By submitting or sending User Materials to us, you: (i) represent and warrant that the User Materials, in whole and in part, are original to you, that you own or have the necessary rights, licenses, consents, permissions and approvals to use and authorize GoFest and other members of the Service to use, in whole or in part, all User Materials (and you must deliver copies of such approvals and consents immediately to GoFest upon GoFest�s request), that no other party has any rights thereto (including, without limitation, copyrights, trademark rights, rights of publicity, privacy rights, and other intellectual property rights), that any �moral rights� in User Materials have been waived, and, to the extent legally required under the circumstances, that you have the written consent, release and/or permission of each and every identifiable individual person depicted in any User Materials, if necessary, to enable inclusion and use of such User Materials in the manner contemplated by the Service.
You grant to GoFest a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, reformat, edit and otherwise exploit such User Materials and any ideas or original materials contained in such User Materials, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such User Materials including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by GoFest of any material or idea submitted by you in any User Materials.
You waive all rights to any claim against GoFest for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Materials.
You agree and understand that GoFest is under no obligation to use any material or ideas submitted by you in any User Materials in any way whatsoever, and GoFest is not responsible for maintaining, and may delete at any time, any of your User Materials.
You shall be solely responsible for your own User Materials and the consequences of posting, uploading or otherwise publishing or distributing them.
19. No Responsibility for Transmitted Material
You acknowledge that User Materials transmitted to and from the Service are not confidential and your User Materials may be read or intercepted by others. You acknowledge that by submitting User Materials to GoFest or the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and GoFest other than pursuant to this Agreement.
GoFest shall not be responsible for the payment of any monies to any party in connection with GoFest use of User Materials submitted by you to the Service.
20. Links by SeatGeek to Other Web Sites and Content
The Service may contain links and pointers and sometimes may frame other content, websites, resources, and sponsors of the Service.
Links from the Service to other sites maintained by third parties and the framing of third-party sites do not constitute an endorsement by GoFest of such third party resources or their contents.
Links, pointers and frames also do not imply that GoFest sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site, or that any such site is authorized to use any trademark, tradename or logo of GoFest.
You should direct any concerns regarding any external link to its site administrator or webmaster.
GoFest does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through links to and from the Service. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
21. Errors and Omissions
GoFest reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Service.
22.Third Party Services
In some cases, you may order services or merchandise through the Service offered by other persons or companies not affiliated with GoFest (�Sellers�).
All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc., are solely between you and the Seller.
You will not consider GoFest, nor will GoFest be deemed, a party to such transactions, whether or not GoFest may have received some form of revenue or other compensation in connection with the transaction, nor shall GoFest be liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction.
GoFest MAKES NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES OF SELLERS PURCHASED ON OR OBTAINED THROUGH THESERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH A GoFest WEB SITE OR SERVICE. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES FROM SELLERS OR PARTICIPATION IN ANY TRANSACTION WITH SELLERS IS SOLELY AT YOUR OWN RISK.
23. Disclaimer of Warranties
THE SERVICE (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE SUCH AS MESSAGES AND MATERIALS SENT VIA THE SERVICE AND DOWNLOADABLES PROVIDED VIA THE SERVICES ARE PROVIDED �AS IS,� �AS AVAILABLE,� WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND GoFest HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. ADDITIONALLY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GoFestDISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER FOR THE SERVICE, INLCUDING, WITHOUT LIMITATION, THAT THE SERVER THAT MAKES IT AVAILABLE, OR THE SERVICES, CONTENT OR DOWNLOADABLES, WILL BE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, GoFest AND ITS SUBSIDIARIES, SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE OR THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH GoFest OR ITS AGENTS. GoFest MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET USERS� REQUIREMENTS.
YOU UNDERSTAND THAT WHEN USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT AND USER-SUBMITTED MATERIALS FROM A VARIETY OF SOURCES, AND THAT GoFest IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT OR USER-SUBMITTED MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT OR USER SUBMITTED MATERIALS THAT ARE INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST GoFest WITH RESPECT THERETO.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GoFest OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. GoFest ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, WIRELESS DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, SOFTWARE APPLICATIONS OR AUDIO FROM THE SERVICE OR YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.
24. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GOFEST OR ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES (�GOFEST ENTITIES�) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SERVICE EVEN IF GOFEST OR ITS SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE GOFEST ENTITIES� TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM USE OF THESERVICE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO GOFEST FOR YOUR USE OF THE SERVICE DURING THE CALENDAR QUARTER DURING WHICH THE CLAIM AROSE.
25. No Class Actions
YOU AND GOFEST AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE BETWEEN US WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER OF US WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH ONE OF US ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. WE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL OF THE PARTIES.
For purposes of this Agreement, a �Dispute� means any claim, demand, action, proceeding, or other controversy between you and GoFest concerning the Service and/or our respective rights and obligations under this Agreement, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. �Dispute� will be given the broadest possible meaning allowable under law.
26.Governing Law; Miscellaneous
THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND GOFEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY DISPUTES SHALL BE IN THE CITY OF DENVER, STATE OF COLORAD, AND YOU AGREE TO SUBMIT TO SUCH JURISDICTION.
The Service is controlled by GoFest from its offices in the U.S. GoFest makes no representation or warranty that the Services or Content contained on or made available in connection with the Service is legal, appropriate or available for use in other locations. Those who choose to access the Service from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulations, if and to the extent local laws, rules and regulations are applicable.
No software made available in connection with the Service may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.