This email address serves as your username for login purposes.
Art Strollers also uses it to communicate with you.
The password is necessary to login and cannot be an empty string.
The Account Name defines your web address. Let's say your Acccount Name is Jennifer. Your web
address will be http://jennifer.artstrollers.com. You can type anything as an Account Name and
you can change it over time.
Legal
Statements
Terms and Conditions of Use - Art Strollers Galleries
Last revised on October 17th, 2009
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY OPENING AN ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Art Strollers.com and its subsites hereby referred to as “This site” is owned and operated by Art Strollers Corporation. ("Art Strollers"). These Terms of Use apply to your access to, and use of, the Site, your use of any digital photography, media hosting services, other services provided on or through this Site (the "Services")from Art Strollers. However, these Terms of Use don’t alter in any way the terms or conditions of any other agreement you may have with Art Strollers. Your use of the Site and the Services is expressly conditioned upon your agreement to these Terms of Use. You consent to our communicating with you about the Site and the Services by email , telephone and regular mail.
Art Strollers reserves the right to change any provision of these Terms of Use, and any other terms, policy or guideline governing your use of the Site, at any time in its sole discretion. Such changes will be effective immediately upon posting such revisions on the Site, and you waive any right you may have to receive specific notice of such changes. When convenient, Art Strollers will inform you of such changes. Your continued use of this Site or the Services following the posting of such changes will confirm your acceptance thereof. You should frequently review these Terms of Use and any other applicable policies or guidelines on the Site.
A. GENERAL TERMS
1. Privacy
Please refer to the Site's Privacy Policy for information on how we collect, use and disclose personal information from users of the Site. You understand and agree that we store and process your personal information on computers located in the United States.
2. Hosting Service Terms
Art Stroller's online media hosting and related services (the "Hosting Services") provide you a place to store your photographs (collectively, "Photos"). By subscribing to or using any Hosting Services, you agree to be bound by and accept the additional terms and conditions set forth in Section B below (the "Hosting Service Terms"), which are a part of these Terms of Use.
3. Copyright And Limited License
The Site and all Photos, text, video, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of Art Strollers or its licensors or users and are protected by United States and international copyright laws.
Art Strollers grants each visitor to the site a limited, non-sublicensable, revocable license to access and use the Site solely in accordance with, and subject to, the terms set forth in these Terms of Use. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:
1.the collection, copying or distribution of any portion of the Site or the Site Materials;
2.any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
3.modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
4.scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
5.with the exception of your own photos, or others' photos available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or
6.any use of the Site or the Site Materials other than for their intended purposes.
Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of Art Strollers or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Art Strollers has adopted a policy of terminating, in appropriate circumstances and at Art Strollers's sole discretion, account holders who are deemed to be repeat copyright infringers. Art Stroller may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement to info@artstrollers.com.
6. Trademarks
"Art Strollers", the Art Strollers logo, the look and feel of the Site, and any other Product or Service names, logos or slogans of Art Strollers contained in the Site are trademarks of Art Strollers (collectively, the "Art Strollers Marks") and may not be copied, imitated or used without the prior written permission of Art Strollers. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
7. User Content
The Site includes media hosting and storage services where users can upload Photos and text("User Content"). You are solely responsible for the User Content you post or transmit and you agree not to post, transmit or otherwise publish through the Site any of the following:
1.User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation photographs or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
2.User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
3.User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
4.User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5.Unsolicited promotions, political campaigning, advertising or solicitations;
6.Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7.Viruses, corrupted data or other harmful, disruptive or destructive files; and
8.User Content that, in the sole judgment of Art Strollers, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Art Strollers or its users to any harm or liability of any nature.
Although we prohibit certain activities in these Terms of Use, Art Strollers does not control and takes no responsibility or liability for any User Content or for any loss or damage thereto, or for the nature of the User Content you may encounter. Your use of the Site is at your own risk.
Although Art Strollers has no obligation to screen, edit or monitor any of the User Content posted on the Site, Art Strollers reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
You retain the copyright in any User Content you post on the Site. Art Strollers neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant Art Strollers a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content, provide the Services and to facilitate, at Content Owner's direction or the license of Photos.
You understand and acknowledge that any User Content contained in public postings, including any galleries that are not designated as unlisted, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the User Content you post. Art Strollers will not be responsible or liable for any third party access to or use of the User Content you post.
You represent and warrant that (a) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
8. Your Account.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Art Strollers's systems and customers, or to ensure the integrity and operation of Art Strollers's business and systems, Art Strollers may access and disclose any information from your account it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. You consent to such disclosure and agree that Art Strollers's right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of Art Strollers. For information regarding other ways that Art Strollers may use or disclose your Registration Data, please see the Art Strollers Privacy Policy.
9. Account Security
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify Art Strollers of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to Art Strollers.
10. DISCLAIMER OF WARRANTIES
THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ART STROLLERS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES.
ART STROLLERS DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM ART STROLLERS OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ART STROLLERS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ART STROLLERS ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL ART STROLLERS OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM ART STROLLERS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ART STROLLERS'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ART STROLLERS , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ART STROLLERS FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
12. Indemnity
You agree to defend, indemnify and hold harmless Art Strollers and its affiliates and subsidiaries (collectively, the "Indemnified Parties"), and the Indemnified Parties' independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of or inability to use the Site, the User Content, the Site Materials or the Services, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
13. Applicable Law
Your use of the Site is subject to all applicable local, provincial, national and international laws and regulations. These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the Province of Ontario applicable to agreements made and to be entirely performed within the Province of Ontario, without resort to its conflict of law provisions.
24. Severability
If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
HOSTING SERVICE TERMS
You may use the Hosting Services only in accordance with these Hosting Service Terms (and the Terms of Use to which they are a part). In the event of any conflict between these Hosting Service Terms and the other provisions of the Terms of Use, these Hosting Service Terms will control.
1. Creation of an account
The Hosting Services will only be available to users (a) who register for a free trial (when available) or for a subscription to the Hosting Services ("Subscription") and (b) who pay in full no later than 14 days following registration the Subscription fees ("Subscription Fees") applicable to the level of Subscription you select (the "Subscription Plan"). Art Strollers currently accepts Paypal, VISA, MasterCard, Discover and American Express credit cards.
When you first register with Art Strollers, Art Strollers enables you to use the Hosting Services without charge for a 14 day period (a "Try out period"). You do not need to provide Art Strollers with a credit card or any other form of payment when you first register. If you are not completely satisfied, your account will automatically terminate at the end of the Try out period. If, at the end of the Try out period, you decide to continue to use the Art Strollers Hosting Services, then you will need to pay Art Strollers with a credit card via a link provided by Art Strollers, and we will charge your credit card for the Subscription Fee applicable to the Subscription Plan selected by you. Your Subscription period will be calculated based on the date of your registration.
The Hosting Services are intended to be used by Art Strollers account holders for limited distribution of photos and text. The Hosting Services are not intended for broad commercial use by commercial sites and services, and Art Strollers, in its sole discretion, reserves the right to limit, suspend or terminate your use of the Hosting Services if Art Strollers determines your use of the Hosting Services is a misuse of the Hosting Services.
2. Term and Upgrades
All Subscriptions are provided for a one (1) year term, WHICH TERM WILL AUTOMATICALLY RENEW EACH YEAR FOR AN ADDITIONAL ONE (1) YEAR TERM UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELLED BY YOU OR ART STROLLERS PRIOR TO THE END OF SUCH ANNUAL TERM IN ACCORDANCE WITH SECTION B.4 BELOW. Upon such renewal, a new link will be sent to the registrar including the Fee then in effect at the time of renewal. If you notify Art Strollers that you wish to upgrade to a higher subscription level, a new payment link will be sent to you, the fee will be prorated for the remainder of your term.
3. Interruptions or Discontinuation of Hosting Services; Changes to Hosting Services and Terms of Service.
Art Strollers reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Hosting Services, or portions thereof; and the Subscriptions and Subscription Plans, including making changes to any policies, features and terms applicable thereto. If the Hosting Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by Art Strollers, your Subscription will terminate, and we will have no further liability to you. In addition, there may be occasions when the Hosting Services are interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. ART STROLLERS WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE HOSTING SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY PHOTOS OR OTHER MEDIA OR MATERIALS STORED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING AND SAFEKEEPING, BACKUP COPIES OF PHOTOS OR OTHER MEDIA OR MATERIALS YOU POST TO THE SITE.
4. Termination of Services.
You may request termination of a Subscription at any time by sending an e-mail to info@artstrollers.com. When Art Strollers receives your termination request, Art Strollers will terminate your Subscription if it has the necessary information to do so. Art Strollers will notify you of termination via email. Art Strollers may request additional information from you prior to terminating your Subscription(s). A Subscription is not terminated in this manner until you receive confirmation of termination from Art Strollers.
Additionally, Art Strollers may terminate a Subscription, or any user's access to and use of the Site or the Hosting Services, at any time at its sole discretion which termination shall be effective immediately. If you violate the Terms of Use (including any Terms of Service), Art Strollers in its sole discretion may (a) require you to remedy any violation thereof and/or (b) take any other actions that Art Strollers deems appropriate to enforce its rights and pursue available remedies.
All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription. Upon termination, any User Content you have stored on the Site may no longer be retrieved, so you should make a backup copy of any such User Content on a regular basis and before terminating your account.
You may change your email and contact information for your account by using your account page when logged in to galleries.artstrollers.com or by sending an email to info@artstrollers.com that provides clear written notice of the requested change, including the "nickname" currently associated with your Art Strollers Subscription. If the renewal terms are not paid within a 14 day period following the end of the subscription, Art Strollers reserves the right to terminate your account due to non-payment. If Art Strollers does not have a current, working email address, then you may not receive important notices from us regarding your account, which may include notices regarding termination. If your account is terminated and Art Strollers cannot reach you due to an invalid email address or for any other reason, then Art Strollers will endeavor to retain your User Content on the Site for at least 30 days after termination. However, Art Strollers cannot guarantee that your User Content will remain on the Site after termination or that you will receive notice of such termination, so you should make a backup copy of any such User Content on a regular basis.
5. Use of User Information.
In the event that you at any time obtain access to any Art Strollers user information, whether directly from Art Strollers or otherwise, including user names and emails (collectively the “User Information”), you agree that you may not use any such User Information in any manner except as may be specifically authorized by Art Strollers to carry out the purpose for which such User Information was provided. Without limiting the foregoing, you may not share such User Information with any third parties or use it for any marketing purposes of any kind. Further, you agree not to use such User Information in any manner that would be in violation of Art Strollers Privacy Policy. In no event will Art Strollers be obligated to provide you with any such User Information. You agree that this provision shall apply both during and after the term of your Subscription.
6. Pricing; Payment Terms
All prices are listed in Canadian dollars and are valid until altered by us. Art Strollers currently accepts Paypal, VISA, MasterCard, Discover and American Express credit cards. Art Strollers reserves the right to change the payment methods it accepts at any time without notice. If there are issues with a payment sent, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. We may terminate your Subscription or withhold upgrades to the Services, and take such other action as appropriate if we did not receive the payment in the period of acceptance. You agree to reimburse Art Strollers for any and all costs incurred in collecting amounts owed by you to Art Strollers, including, without limitation, attorneys' fees and costs of collection agencies.
Privacy Statement For Art Strollers Corporation
Art Strollers Corporation (“Art Strollers”) is committed to protecting your privacy when you use our on-line, telephone or other services ("Services"). In this policy we explain how and why we collect your information, what we do with it and what controls you have over our use of it.
From time to time, we add or change functions, features or products to our Web Sites or add or change Services. This, and our commitment to protecting the privacy of your personal information, may result in periodic changes to this Privacy Policy. As a result, please remember to refer back to this Privacy Policy regularly to review any amendments.
By using any of the sites within our web site network ("Web Sites") or our Services, you unconditionally agree to be bound by this Privacy Policy.
1. What data do we collect and how do we use it?
Art Strollers collects and processes information about you in order to:
(i) identify you each time you visit a Web Site or wish to have a Service provided;
(ii) process orders or applications submitted by you;
(iii) improve our Services and Web Sites
You will be asked, either when you register with us, or at other times, for information about yourself, such as your name, e-mail address, postal address and telephone number.
2. Log files/IP addresses
When you visit our Web Sites, we automatically log your IP address (the unique address which identifies your computer on the internet) which is automatically recognized by our web server. We use IP addresses to help us administer our Web Sites and to collect broad demographic information for aggregate use. We do not link IP addresses to personally identifiable information.
3. Non personal information
We may automatically collect non-personal information about you such as the type of internet browsers you use or the site from which you linked to our Web Sites. You cannot be identified from this information and it is only used to assist us in providing an effective service on our Web Sites. We may from time to time supply the owners or operators of third party sites from which it is possible to link to our Web Sites with information relating to the number of users linking to our Web Sites from their sites. You cannot be identified from this information.
4. Use of Cookies
Cookies are pieces of information that a Web Site transfers to your hard drive to store and sometimes track information about you. Most web browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that. However, you may not be able to take full advantage of a Web Site if you do so. Cookies are specific to the server that created them and cannot be accessed by other servers, which means they cannot be used to track your movements around the web. Although they do identify a user's computer, cookies do not personally identify customers or passwords.
We use cookies for the following reasons:
(i) To identify who you are and to access your account information;
(ii) To estimate our audience size and patterns;
(iii) To ensure that you are not asked to register twice;
(iv) To track preferences and to improve and update our Web Site; and
5. With whom is the information shared?
Art Strollers will not share, sell or rent your personal information to third parties.
Art Strollers may disclose aggregate statistics about our sales, our Web Site visitors and customers in order to describe our services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will not include personally identifying information.
Art Strollers may disclose personal information if required to do so by law or if it believes that such action is necessary to protect and defend the rights, property or personal safety of company name and its Web Sites, visitors to the Web Sites and customers of our Services.
Our Web Site contains links to the sites of third parties. When you visit these sites, we suggest that you read their privacy policies. Art Strollers is not responsible for the privacy policies or the content of such sites.
We will only sell or rent your personal information to a third party either as part of a sale of the assets of a Art Strollers or having ensured that steps have been taken to ensure that your privacy rights continue to be protected.
Security
Art Strollers places a great importance on the security of all information associated with our customers. We have security measures in place to attempt to protect against the loss, misuse and alteration of customer data under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized personnel have access to user information. With regard to our Web Sites, we use secure server software (SSL) to encrypt financial information you input before it is sent to us. While we cannot ensure or guarantee that loss, misuse or alteration of data will not occur, we use our best efforts to prevent this.
6. Where is the information stored?
Information which you submit via our Web Sites or our telephone services is stored on a computer located in the Americas. This is necessary in order to process the information and to send you any information you have requested. Information submitted by you may be transferred by us to our other offices and to reputable third party suppliers, which may be situated outside of the Americas.
7. Specific Services
Art Strollers offers:
1. Online generated personal websites which include but are not limited to image galleries.
2. Online registration functionality to events hosted by Art Strollers
3. Online order registration for "Mom's cards", business cards for moms offered as a printed product by Art Strollers.
8. Comments
Please e-mail any questions, concerns or comments you have about our Privacy Policy to info@artstrollers.com
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