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INTRODUCTION
Mobbiexpress International Pty Ltd
(hereinafter refer to
as “Mobbiexpress”)
requires that all visitors to
www.mobbiexpress.com (known as “the User”
from hereon) adhere to the following Terms of Use (“TOU”). By continuing
to access www.mobbiexpress.com, you indicate your acknowledgment and
acceptance of these terms and conditions. If you do not adhere to the TOU,
please leave the website now.
Accessing and using the Mobbiexpress website is subject to all applicable
international, federal, state and local laws and regulations.
1. ACCEPTANCE OF
TERMS
The services that www.mobbiexpress.com provides to the User is subject to
the following TOU. Mobbiexpress reserves the right to update the TOU at
any time without notice to the User. The most current version of the TOU
can be viewed by clicking on the "Terms of Use" hypertext link located at
the bottom of our Web pages.
This Agreement (TOU),
which incorporates by reference to other provisions applicable to use of
www.mobbiexpress.com, including, but not limited to, supplemental terms
and conditions set forth hereof ("Supplemental Terms") governing the use
of certain specific material contained in www.mobbiexpress.com, sets forth
the terms and conditions that apply to use of www.mobbiexpress.com by the
User. By using www.mobbiexpress.com (other than to read this Agreement for
the first time), the User agrees to comply with all of the terms and
conditions hereof. The right to use www.mobbiexpress.com is personal to
the User and is not transferable to any other person or entity. The User
is responsible for all use of the User's Account (under any screen name or
password) and for ensuring that all use of the User's Account complies
fully with the provisions of this Agreement. The User shall be responsible
for protecting the confidentiality of the User's password(s), if any.
Mobbiexpress has the
right at any time to change or discontinue any aspect or feature of
www.mobbiexpress.com, including, but not limited to, content, hours of
availability, and equipment required for access or use.
2. Changed Terms
Mobbiexpress shall have the right at any time to change or modify the
terms and conditions applicable to the User's use of www.mobbiexpress.com,
or any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on
www.mobbiexpress.com, or by electronic or conventional mail, or by any
other means by which User obtains notice thereof. Any use of
www.mobbiexpress.com by User after such notice shall be deemed to
constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF
SERVICES
Through its Web
property, Mobbiexpress provides the User with access to a variety of
resources, including download areas, communication forums and product
information (collectively "Services"). The Services, including any
updates, enhancements, new features, and / or the addition of any new Web
properties, are subject to the TOU.
4. Equipment
The User shall be
responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of
www.mobbiexpress.com and all charges related thereto.
5. User Conduct
User shall use
Mobbiexpress.com for lawful purposes only. The User shall not post or
transmit through www.mobbiexpress.com any material which violates or
infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate any law, or which, without Mobbiexpress’
express prior approval, contains advertising or any solicitation with
respect to products or services. Any conduct by the User that in
Mobbiexpress’ discretion restricts or inhibits any other User from using
or enjoying www.mobbiexpress.com will not be permitted. The User shall not
use www.mobbiexpress.com to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users to
become subscribers of other on-line information services competitive with
Mobbiexpress.
The site,
www.mobbiexpress.com, contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents of
www.mobbiexpress.com are copyrighted as a collective work under the
Australian copyright laws. Mobbiexpress owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in
the content original to it. The User may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. The User may
download copyrighted material for the User's personal use only. Except as
otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express permission of
Mobbiexpress and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material, no changes
in or deletion of author attribution, trademark legend or copyright notice
shall be made. The User acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
User shall not upload,
post or otherwise make available on www.mobbiexpress.com any material
protected by copyright, trademark or other proprietary right without the
express permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material is not
protected by copyright rests with the User. The User shall be solely
liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of www.mobbiexpress.com, the User
automatically grants, or warrants that the owner of such material has
expressly granted Mobbiexpress the royalty-free, perpetual, irrevocable,
non-exclusive right and Licence to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology
now known or hereafter developed for the full term of any copyright that
may exist in such material. The User also permits any other User to
access, view, store or reproduce the material for that User's personal
use. The User hereby grants Mobbiexpress the right to edit, copy, publish
and distribute any material made available on www.mobbiexpress.com by the
User.
The foregoing
provisions of Section 5 are for the benefit of Mobbiexpress, its
subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
6.
USE OF SERVICES
The Services may
contain email services, bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, photo albums, file
cabinets and/or other message or communication facilities designed to
enable the User to communicate with others (each a "Communication Service"
and collectively "Communication Services"). The User agrees to use the
Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, the
User agrees that when using the Communication Services, the User will not:
·
Use the
Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise);
·
Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others;
·
Publish,
post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or
information;
·
Upload,
or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws,
including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless the User own
or control the rights thereto or have received all necessary consent to do
the same;
·
Use any
material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party;
·
Upload
files that contain viruses, Trojan horses, worms, time bombs, cancel bots,
corrupted files, or any other similar software or programs that may damage
the operation of another's computer or property of another;
·
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such
messages;
·
Download
any file posted by another user of a Communication Service that the User
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner;
·
Falsify
or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in
a file that is uploaded;
·
Restrict
or inhibit any other User from using and enjoying the Communication
Services;
·
Violate
any code of conduct or other guidelines which may be applicable for any
particular Communication Service;
·
Harvest
or otherwise collect information about others, including email addresses;
·
Violate
any applicable laws or regulations;
·
Create a
false identity for the purpose of misleading others, or
·
Use,
download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Services or other user or
usage information or any portion thereof.
Mobbiexpress has no
obligation to monitor the Communication Services. However, Mobbiexpress
reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Mobbiexpress
reserves the right to terminate the User’s access to any or all of the
Communication Services at any time, without notice, for any reason
whatsoever. Mobbiexpress reserves the right at all times to disclose any
information as it deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in
Mobbiexpress' sole discretion.
Materials uploaded to
the Communication Services may be subject to posted limitations on usage,
reproduction and/or dissemination; the User is responsible for adhering to
such limitations if User downloads the materials.
Always use caution
when giving out any personally identifiable information in any
Communication Services. Mobbiexpress does not control or endorse the
content, messages or information found in any Communication Services and,
therefore, Mobbiexpress specifically disclaims any liability with regard
to the Communication Services and any actions resulting from the User’s
participation in any Communication Services. Managers and hosts are not
authorized Mobbiexpress spokespersons, and their views do not necessarily
reflect those of Mobbiexpress.
7. MEMBER ACCOUNT,
PASSWORD, AND SECURITY
If any of the Services
requires the User to open an account, the User must complete the
registration process by providing Mobbiexpress with current, complete and
accurate information as prompted by the applicable registration form. The
User also will choose a password and a user name. The User is entirely
responsible for maintaining the confidentiality of the User’s password and
account. Furthermore, the User is entirely responsible for any and all
activities that occur under the User’s account. The User agrees to notify
Mobbiexpress immediately of any unauthorized use of User’s account or any
other breach of security. Mobbiexpress will not be liable for any loss
that User may incur as a result of someone else using the User’s password
or account, either with or without User’s knowledge. However, the User
could be held liable for losses incurred by Mobbiexpress or another party
due to someone else using the User’s account or password. The User may not
use anyone else's account at any time, without the express permission of
the account holder.
8. NOTICE SPECIFIC
TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is
made available to download from the Services ("Software") is the
copyrighted work of Mobbiexpress and/or its suppliers. Use of the Software
is governed by the terms of the end user Licence agreement, if any, which
accompanies or is included with the Software ("Licence Agreement"). An end
User will be unable to install any Software that is accompanied by or
includes a Licence Agreement, unless it agrees to the Licence Agreement
terms.
The Software is made
available for download solely for use by end users according to the
Licence Agreement. Any reproduction or redistribution of the Software not
in accordance with the Licence Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Without limiting the
foregoing, copying or reproduction of the software to any other server or
location for further reproduction or redistribution is expressly
prohibited, unless such reproduction or redistribution is expressly
permitted by the Licence agreement accompanying such software. The
software is warranted, if at all, only according to the terms of the
Licence agreement. Except as warranted in the licence agreement,
Mobbiexpress hereby disclaims all warranties and conditions with regard to
the software, including all warranties and conditions of merchantability,
whether express, implied or statutory, fitness for a particular purpose,
title and non-infringement.
For your convenience,
Mobbiexpress may make available as part of the services or in its software
products, tools and utilities for use and/or download. Mobbiexpress does
not make any assurances with regard to the accuracy of the results or
output that derives from such use of any such tools and utilities. Please
respect the intellectual property rights of others when using the tools
and utilities made available on the services.
9. NOTICE SPECIFIC
TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use
Documents (such as white papers, press releases, datasheets and FAQs) from
the Services is granted, provided that
(1) the below
copyright notice appears in all copies and that both the copyright notice
and this permission notice appear,
(2) use of such
Documents from the Services is for informational and non-commercial or
personal use only and will not be copied or posted on any network computer
or broadcast in any media, and
(3) no modifications
of any Documents are made. Accredited educational institutions, such as
universities, private/public colleges, and state community colleges, may
download and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Mobbiexpress and/or
its respective suppliers make no representations about the suitability of
the information contained in the documents and related graphics published
as part of the services for any purpose. All such documents and related
graphics are provided "as is" without warranty of any kind. Mobbiexpress
and/or its respective suppliers hereby disclaim all warranties and
conditions with regard to this information, including all warranties and
conditions of merchantability, whether express, implied or statutory,
fitness for a particular purpose, title and non-infringement. in no event
shall Mobbiexpress and/or its respective suppliers be liable for any
special, indirect or consequential damages or any damages whatsoever
resulting from loss of use, data or profits, whether in an action of
contract, negligence or other tortious action, arising out of or in
connection with the use or performance of information available from the
services.
The documents and
related graphics published on the services could include technical
inaccuracies or typographical errors. Changes are periodically added to
the information herein. Mobbiexpress and/or its respective suppliers may
make improvements and/or changes in the product(s) and/or the program(s)
described herein at any time.
10. NOTICES
REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
In no event shall
Mobbiexpress and/or its respective suppliers be liable for any special,
indirect or consequential damages or any damages whatsoever resulting from
loss of use, data or profits, whether in an action of contract, negligence
or other tortious action, arising out of or in connection with the use or
performance of software, documents, provision of or failure to provide
services, or information available from the services.
11. MATERIALS
PROVIDED TO MOBBIEXPRESS OR POSTED AT ANY OF ITS WEBSITES
Mobbiexpress does not
claim ownership of the materials the User provides to www.mobbiexpress.com
(including feedback and suggestions) or post, upload, input or submit to
any Services or its associated services for review by the general public,
or by the members of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") the User’s Submission User
is granting Mobbiexpress, its affiliated companies and necessary
sublicensees permission to use the User’s Submission in connection with
the operation of their Internet businesses (including, without limitation,
all Mobbiexpress Services), including, without limitation, the Licensee’s
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat the User’s Submission; to publish
the User’s name in connection with User’s Submission; and the right to
sublicense such rights to any supplier of the Services.
No compensation will
be paid with respect to the use of the User’s Submission, as provided
herein. Mobbiexpress is under no obligation to post or use any Submission
User may provide and Mobbiexpress may remove any Submission at any time in
its sole discretion. By Posting a Submission the User warrants and
represents to own or otherwise control all of the rights to the User’s
Submission as described in these Terms of Use including, without
limitation, all the rights necessary for User to provide, post, upload,
input or submit the Submissions.
In addition to the
warranty and representation set forth above, by Posting a Submission that
contains images, photographs, pictures or that are otherwise graphical in
whole or in part ("Images"), the User warrants and represents that
(a) User is the
copyright owner of such Images, or that the copyright owner of such Images
has granted User permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of
User’s use and as otherwise permitted by these Terms of Use and the
Services,
(b) the User has the
rights necessary to grant the Licences and Sublicences described in these
Terms of Use, and
(c) that each person
depicted in such Images, if any, has provided consent to the use of the
Images as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and reproduction
of such Images.
By Posting Images, the
User is granting
(a) to all members of
User’s private community (for each such Images available to members of
such private community), and/or
(b) to the general
public (for each such Images available anywhere on the Services, other
than a private community), permission to use User’s Images in connection
with the use, as permitted by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation, making prints and
gift items which include such Images), and including, without limitation,
a non-exclusive, world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat the User’s Images without having the User’s name attached to
such Images, and the right to sublicense such rights to any supplier of
the Services. The Licences granted in the preceding sentences for Images
will terminate at the time User completely remove such Images from the
Services, provided that, such termination shall not affect any Licences
granted in connection with such Images prior to the time User completely
remove such Images. No compensation will be paid with respect to the use
of the User’s Images.
12. Disclaimer of Warranty; Limitation of Liability
The user expressly
agrees that use of Mobbiexpress.com is at the user's sole risk. neither
Mobbiexpress, its affiliates nor any of their respective employees,
agents, third party content providers or licensors warrant that
www.mobbiexpress.com will be uninterrupted or error free; nor do they make
any warranty as to the results that may be obtained from use of
www.mobbiexpress.com, or as to the accuracy, reliability or content of any
information, service, or merchandise provided through
www.mobbiexpress.com.
The site,
www.mobbiexpress.com is provided on an "as is" basis without warranties of
any kind, either express or implied, including, but not limited to,
warranties of title or implied warranties of merchantability or fitness
for a particular purpose, other than those warranties which are implied by
and incapable of exclusion, restriction or modification under the laws
applicable to this agreement.
This disclaimer of
liability applies to any damages or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use of
record, whether for breach of contract, tortious behavior, negligence, or
under any other cause of action. The user specifically acknowledges that
Mobbiexpress is not liable for the defamatory, offensive or illegal
conduct of other users or third-parties and that the risk of injury from
the foregoing rests entirely with the user.
In no event will
Mobbiexpress, or any person or entity involved in creating, producing or
distributing Mobbiexpress.com or the Mobbiexpress software, be liable for
any damages, including, without limitation, direct, indirect, incidental,
special, consequential or punitive damages arising out of the use of or
inability to use www.mobbiexpress.com. The user hereby acknowledges that
the provisions of this section shall apply to all content on the site.
In addition to the
terms set forth above neither, Mobbiexpress, nor its affiliates,
information providers or content partners shall be liable regardless of
the cause or duration, for any errors, inaccuracies, omissions, or other
defects in, or untimeliness or unauthenticity of, the information
contained within www.mobbiexpress.com, or for any delay or interruption in
the transmission thereof to the user, or for any claims or losses arising
therefrom or occasioned thereby. None of the foregoing parties shall be
liable for any third-party claims or losses of any nature, including, but
not limited to, lost profits, punitive or consequential damages.
Prior to the execution of a stock trade, users are advised to consult with
your broker or other financial representative to verify pricing or other
information.
Mobbiexpress,
its affiliates, information providers or content partners shall have no
liability for investment decisions based on the information provided.
Neither, Mobbiexpress,
nor its affiliates, information providers or content partners warrant or
guarantee the timeliness, sequence, accuracy or completeness of this
information. Additionally, there are no warranties as to the results
obtained from the use of the information.
Force majeure –
neither party will be responsible for any failure or delay in performance
due to circumstances beyond its reasonable control, including, without
limitation, acts of god, war, riot, embargoes, acts of civil or military
authorities, fire, floods, accidents, service outages resulting from
equipment and/or software failure and/or telecommunications failures,
power failures, network failures, failures of third party service
providers (including providers of internet services and
telecommunications). The party affected by any such event shall notify the
other party within a maximum of fifteen (15) days from its occurence. The
performance of this agreement shall then be suspended for as long as any
such event shall prevent the affected party from performing its
obligations under this agreement.
13. LINKS TO THIRD
PARTY SITES
The links in this area
will let you leave Mobbiexpress' site. The linked sites are not under the
control of Mobbiexpress and Mobbiexpress is not responsible for the
contents of any linked site or any link contained in a linked site, or any
changes or updates to such sites. Mobbiexpress is not responsible for
webcasting or any other form of transmission received from any linked
site. Mobbiexpress is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Mobbiexpress
of the site.
Mobbiexpress is a
distributor (and not a publisher) of content supplied by third parties and
Users. Accordingly, Mobbiexpress has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers, Users or any other User of www.mobbiexpress.com, are those of
the respective author(s) or distributor(s) and not of Mobbiexpress.
Neither Mobbiexpress nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor
its merchantability or fitness for any particular purpose.
In many instances, the
content available through www.mobbiexpress.com represents the opinions and
judgments of the respective information provider, User, or other User not
under contract with Mobbiexpress. Mobbiexpress neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or
statement made on www.mobbiexpress.com by anyone other than authorized
Mobbiexpress employee spokespersons while acting in their official
capacities. Under no circumstances will Mobbiexpress be liable for any
loss or damage caused by a User's reliance on information obtained through
www.mobbiexpress.com. It is the responsibility of the User to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice
or other content available through Mobbiexpress.com. Please seek the
advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
14. UNSOLICITED
IDEA SUBMISSION POLICY
Mobbiexpress or any of
its employees do not accept or consider unsolicited ideas, including ideas
for new advertising campaigns, new promotions, new products or
technologies, processes, materials, marketing plans or new product names.
Please do not send any original creative artwork, samples, demos, or other
works. The sole purpose of this policy is to avoid potential
misunderstandings or disputes when Mobbiexpress' products or marketing
strategies might seem similar to ideas submitted to Mobbiexpress. So,
please do not send your unsolicited ideas to Mobbiexpress or anyone at
Mobbiexpress. If, despite our request that you not send us your ideas and
materials, you still send them, please understand that Mobbiexpress makes
no assurances that your ideas and materials will be treated as
confidential or proprietary.
15.
Monitoring
Mobbiexpress shall
have the right, but not the obligation, to monitor the content of
www.mobbiexpress.com, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by
Mobbiexpress and to satisfy any law, regulation or authorized government
request. Mobbiexpress shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on
www.mobbiexpress.com. Without limiting the foregoing, Mobbiexpress shall
have the right to remove any material that Mobbiexpress, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
16. Indemnification
The User agrees to
defend, indemnify and hold harmless Mobbiexpress, its affiliates and their
respective directors, officers, employees and agents from and against all
claims and expenses, including legal fees, arising out of the use of
Mobbiexpress by the User or the User's Account.
17. Termination
Either Mobbiexpress or
the User may terminate this Agreement at any time. Without limiting the
foregoing, Mobbiexpress shall have the right to immediately terminate the
User's Account in the event of any conduct by the User which Mobbiexpress,
in its sole discretion, considers to be unacceptable, or in the event of
any breach by the User of this Agreement.
18. Miscellaneous
This Agreement and any operating rules for www.mobbiexpress.com
established by Mobbiexpress constitute the entire agreement of the parties
with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in accordance with the
laws of the NSW, Australia, without regard to its conflict of laws rules.
No waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be
given any legal import.
19. COPYRIGHT
NOTICE
The site
www.mobbiexpress.com and its logos are trademarks of Mobbiexpress. All
rights are reserved. All other trademarks appearing on
www.mobbiexpress.com are the property of their respective owners.
20. TRADEMARKS
The names of actual
companies and products mentioned herein may be the trademarks of their
respective owners. The example companies, organisations, products, domain
names, email addresses, logos, people and events depicted herein are
fictitious. No association with any real company, organisation, product,
domain name, email address, logo, person, or event is intended or should
be inferred.
Any rights not
expressly granted herein are reserved.
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