TERMS OF SERVICE (“TOS”)
1. THE SERVICE
THE SERVICE (the “Service or Poway Lacrosse Service”) IS OWNED BY VARSITY NETWORKS, INC. (“VN”), A PROVIDER OF SPORT’S NETWORKS. VN IS PROVIDING POWAY LACROSSE WITH A FREE LICENSE TO ALLOW COACHES, PLAYERS, PARENTS, BOOSTERS AND ALUMNI OF POWAY LACROSSE TO USE THE SERVICE. The Service available on this proprietary web site is designed to provide your coach, players, parents, boosters, alumni and your entire community with a broad array of communication tools designed to facilitate the entry and transmission of information among the users of the website. VN’s Assist Platform provides local sport’s teams and their communities with the ability to create, collect, organize, communicate and distribute their information and other content and funds electronically. IN RETURN FOR PROVIDING THE POWAY LACROSSE SERVICE WITHOUT CHARGE VN RETAINS THE RIGHT TO PLACE CONTENT ON THE WEBSITE IN ITS DISCRETION, SELL OR PERMIT THIRD PARTIES TO COPY AND USE ANY OF THE CONTENT APPEARING ON THE WEBSITE AND SELL ON OR THROUGH THE WEBSITE MERCHANDISE, PHOTOS, VIDEOS (INCLUDING ANY MERCHANDISE BEARING A TRADEMARK OF POWAY LACROSSE OR PHOTOS AND VIDEOS POSTED BY USERS OF THE WEBSITE), SERVICES AND ADVERTISING SPACE FOR VN’S OWN ACCOUNT AND FOR THE ACCOUNT OF THIRD PARTIES. THE ADVERTISING SPACE RETAINED BY VN FOR ITS OWN USE WILL APPEAR IN THE AREAS SELECTED BY VN IN ITS DISCRETION ON THE VARIOUS PAGES OF THE WEBSITE. VN may sell such advertising space or permit third parties who may pay VN a fee or commission to place ads in such space for the sale of merchandise or services. VN shall use its best efforts to ensure that all such ads are from reputable persons and not inappropriate for the team’s website and shall not be offensive, indecent or objectionable to the Representatives in their reasonable discretion. VN MAY IN ITS DISCRETION SHARE A PORTION OF THE REVENUES GENERATED FROM SUCH SALES WITH THE TEAM. The Poway Lacrosse Service is designed to make it easier for coaches and other representatives accepted by VN (jointly the “Representatives”) to communicate with players and parents and other persons (the “users”), However, the Representatives of the Poway Lacrosse website may not have posted or reviewed any portion of the Content (as defined below). The benefits to users of the Poway Lacrosse Service will depend in large part upon coach and player registrations and the use of the Poway Lacrosse Service by coaches and other Representatives. The free website is designed to include all of the basic features needed to support your team’s management. VN offers to sell annual licenses for upgrade packages to enhance use of the service which are described on the Poway Lacrosse website and in emails which may be sent to the Representatives parents and players. The Service is offered subject to the terms and conditions of the terms of service (“TOS”). The Service may be modified or upgraded from time to time during the term of this agreement in the discretion of VN.
2. RISKS ASSOCIATED WITH USE
Use of the Poway Lacrosse Service is at the user's sole risk. Neither the Poway Lacrosse Service nor VN and the other service providers claim or warrant that the Poway Lacrosse Service or any of the other services offered through or on the Service will be uninterrupted or error free; nor do they make any warranty as to the accuracy, completeness, usefulness, quality, reliability, appropriateness or suitability of any information, messages, listings, advertisements, services or merchandise provided on the web site through the Poway Lacrosse Service, or as to the results that may be obtained from use of the Poway Lacrosse Service or other services offered through or on the website. The Poway Lacrosse Service, VN and the other service providers make no representations concerning any effort to review the Content (as hereafter defined) provided on the web site and are not responsible for the accuracy or reliability of the Content provided by users, Representatives of Poway Lacrosse or other persons. Your successful use of the Service will depend upon the timeliness, clarity and accuracy of the information posted by users, Representatives of Poway Lacrosse and other persons and your accessing and understanding the information. Neither Poway Lacrosse, VN nor the other service providers offer any representations or assurances that the communications even if originated by them will be timely, free of errors or omissions, suitable or appropriate or that you will be able to realize the anticipated benefits from the use of the Service. Even though they are not a part of the Service and may not prove to be useful in a particular case, you must include phone and cell phone numbers when imputing your contact information as a backup to support the Service because users will not always have access to the Internet when they need to send or access a communication or there is a need for a Representative to contact a user.
3. USE SUBJECT TO TERMS OF TOS
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE POWAY LACROSSE SERVICE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE TOS WHICH MAY BE MODIFIED BY VN AT ANY TIME, THAT THE POWAY LACROSSE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND THAT VN AND THE OTHER SERVICE PROVIDERS AND POWAY LACROSSE IF IT’S REPERESENTATIVES USE THE SERVICE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
4. NO LIABILITY
IN NO EVENT WILL THE POWAY LACROSSE SERVICE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE POWAY LACROSSE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE TO YOU OR ANY OTHER PERSON IN CONTRACT, IN TORT (INCLUDING FOR THEIR OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, OR PERSONAL INJURY, STRESS OR INCONVENIENCE ARISING OUT OF THE USE OF OR INABILITY TO USE THE POWAY LACROSSE SERVICE OR ANY OTHER SERVICE OFFERED THROUGH OR ON THE WEB SITE.
5. FURTHER DISCLAIMER
The provisions of the above section shall apply to all use of the Poway Lacrosse Service regardless of whether VN enters or assists or permits users or third parties in entering Content on a website. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, display of erroneous, unauthorized or inappropriate information, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, loss or damage to any photograph, video or other Content you may provide for inclusion in the Service, theft or destruction or unauthorized access to, alteration of Content, or use of the Poway Lacrosse Service, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action.
Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of the service providers or other entities. You are not authorized to use any such marks except in connection with the use of the Service and you acknowledge that ownership of such trademarks and other intellectual property remains with the service providers or those other entities.
7. RESPONSIBILITY OF USER AND USE OF CONTENT
8. RESPONSIBILITY FOR CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, videos, messages, advertisements, contact information or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. The Poway Lacrosse Service, its Representatives, VN and the other service providers do not control the Content posted via the Service by you, other users and third parties and, as such, do not guarantee the accuracy, integrity, quality or appropriateness of such Content. In the event that the Service, VN or another service provider or any other person uploads any Content, including publicly available information such as schedules or Content available via the Internet onto the website, neither the Service, VN nor such other service provider or person verify that such information is accurate, complete or non-objectionable. This means that you and other users and third parties, and not Poway Lacrosse, VN nor the other service providers, are entirely responsible for all Content that you or such other users or third parties upload, post, email, transmit or otherwise make available via the Service whether or not Representatives of Poway Lacrosse, VN or the other service providers assist you or other users in making such Content available on the Poway Lacrosse Service or if The Poway Lacrosse Service or the service providers permit the display of or fail to remove any Content which is inappropriate or inaccurate or which otherwise violates the TOS. You also understand that by using the Service, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will the Poway Lacrosse Service, VN or the other service providers be liable in any way for any Content whether of not it was created or posted by Poway Lacrosse, VN or the other service providers, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or inability to use any Content posted, emailed, transmitted or otherwise made available via the Service. Your sole remedy shall be against the persons other than the Poway Lacrosse Service, VN or the other service providers, who originated, submitted or modified the Content.
You agree not to and will not permit your children or the children for whom you have responsibility to use the Service to:
You acknowledge that the Poway Lacrosse Service, the Representatives, VN and the other service providers have no responsibility for pre-screening Content. Poway Lacrosse and the Representatives, VN and the other service providers shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You agree to use reasonable efforts to remove from the web site any Content which violates the TOS. Without limiting the foregoing, the Poway Lacrosse Service, the Representatives, VN and the other service providers shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that the Poway Lacrosse Service requires you to agree to bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on the accuracy or completeness of any Content created or obtained from any source by the Poway Lacrosse Service, VN or the other service providers or submitted to the Poway Lacrosse Service or any service provider by any users or a third party.
Users are required to input telephone and cell phone numbers when entering their contact information to facilitate an alternative means of communication which will act as a back-up system in the event of a non-communication or miscommunication resulting from the use of or unavailability of the Service. Imputing such information will not ensure that you will receive or be able to obtain the correct information when desired.
You acknowledge and agree that the Poway Lacrosse Service, VN or the other service providers may (i)preserve Content,(ii) make the Content available on your website for use by an affiliated team, league, organization or other affiliated entity,(iii) offer any Content, including but not limited to photographs or videos, for use or sale by or for the account of Poway Lacrosse or for the account of VN or another service provider or a person affiliated with VN or another service provider, (iv)permit use of the Content in connection with the VN Sport’s Network or the marketing efforts of VN or the other service providers or any third parties affiliated with them and (v) disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Poway Lacrosse Service, VN and the other service providers, users and the public. You authorize VN and the other service providers and persons affiliated with them to place Content on your website (i) which VN or its affiliates believe will be of interest to your users which is obtainable via the Internet or from other teams or leagues with which you are affiliated or which are part of the VN network or (ii) to promote the business of VN, its advertisers and affiliates.
All of the provisions hereof relating to Content shall apply with respect to any advertisement which you or any other person submits for inclusion on the website. VN’s and the other service providers’ compensation for providing the website includes retention of the advertising revenues from ads placed on the website, but they do not control the Content of and are not responsible for such ads. Users are advised that they should not click on and should ignore inappropriate ads which appear on the website and should monitor the use of the website by children for whom they are responsible. The appearance of inappropriate Content on you website should be reported promptly to VN.
You understand and acknowledge that the technical processing and transmission of the Service, including the Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
The Poway Lacrosse Service does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to the team’s trademarks or the Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant the Poway Lacrosse Service, VN and the other service providers a world-wide, royalty free and non-exclusive license(s), as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such trademarks and Content on the Service (i) for the purposes of providing and promoting the Poway Lacrosse Service, the VN Network and the Services of the leagues and organizations with which the Poway Lacrosse Service VN or the other service providers are affiliated (ii) for the use, duplication and sale of such Content, including photos and videos, by the Poway Lacrosse Service, VN, the other service providers and persons affiliated with the service providers, and (iii) promoting the business of VN, the other service providers and their affiliates. The Representatives, if any, using the Service or the service providers will remove any Content you submitted and which you at a later date request that the Representatives or the service providers remove from the site. Persons uploading photos, videos or other Content on the website authorize VN in its discretion to block or otherwise prevent the unauthorized copying or reproduction of such photos, videos other Content.
"Publicly accessible" areas of the Service are those areas of the Poway Lacrosse Service network of properties that are intended by the Poway Lacrosse Service to be available to the general public.
All modifications or improvements of the Service proposed or developed by you and all modifications or improvements of the Service developed by the Poway Lacrosse Service VN or the other service providers whether or not requested by you shall when incorporated into the Service become the property of VN or in the discretion of VN the property of other service providers.
You agree to indemnify and hold the Poway Lacrosse Service, VN and the other service providers and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the Poway Lacrosse Service or VN and the other service providers may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by a user on the Service, the maximum number of photos or videos that may be posted or stored on a website, the maximum size of any email message that may be sent from or received by a user on the Service, the maximum disk space that will be allotted on the Poway Lacrosse Service's or the service providers’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the Poway Lacrosse Service, VN and the other service providers have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that the Poway Lacrosse Service, VN and the other service providers reserve the right to change these general practices and limits at any time, in their sole discretion, with or without notice whether or not payment has been made to upgrade the Poway Lacrosse Service.
13. MODIFICATIONS OR DISCONTINUATION OF SERVICE
The Poway Lacrosse Service, VN and the other service providers reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that neither The Poway Lacrosse Service, VN nor the other service providers shall be liable to you, or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the Poway Lacrosse Service, VN or the other service providers may, under certain circumstances and without prior notice, immediately delete any information posted on the website, and terminate access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), and (e) unexpected technical issues or problems. Termination of your Poway Lacrosse Service account includes (a) removal of access to all offerings within the Service. Further, you agree that all deletions or terminations whether or not for cause shall be made in the Poway Lacrosse Service's, VN’s or the other service providers’ sole discretion and that neither the Poway Lacrosse Service, VN nor the other service providers shall be liable to you be liable to you or any third-party for any deletion or termination of and information or access to the Service.
15. DEALINGS WITH PERSONS OFFERING OR ADVERTISING GOODS AND SERVICES
Your correspondence or business dealings with, or participation in promotions of, persons offering or advertising goods or services found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such person or persons whether or not VN or the other service providers or Poway Lacrosse share in the revenues generated from the sale of such products and services. You agree that neither the Poway Lacrosse Service nor VN or the other service providers shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisement on the Service. The Poway Lacrosse Service, VN and the other service providers will use their best efforts to preclude or remove inappropriate advertisements from the website, but have limited control over advertisements placed through or with the assistance of the Internet search engines or other third parties.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because neither the Poway Lacrosse Service, VN nor the other service providers has control over such sites and resources, you acknowledge and agree that neither the Poway Lacrosse Service, VN nor the other service providers are responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that neither the Poway Lacrosse Service, VN nor the other service providers shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. The Poway Lacrosse Service, VN and the other service providers will upon request use reasonable efforts to remove links to sites or resources if VN agrees in its reasonable discretion that the Content, advertising or products, on or available from such sites or resources are offensive, indecent or objectionable.
17. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or from advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Poway Lacrosse Service, VN and the other service providers or advertisers, you agree not to and will not permit your children to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
VN and the other service providers grant the users of the Service (including Poway Lacrosse) a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that they do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Users agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. All persons who use the Service agree not to access the Service by any means other than through the interface that is provided by the service providers for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE AND WILL REQUIRE YOU TO AGREE THAT NEITHER THE POWAY LACROSSE SERVICE, VN NOR THE OTHER SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR STRESS, PERSONAL INJURY, LOSS OF PROFIT, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE POWAY LACROSSE SERVICE, VN OR ANOTHER SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSMITTED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ERRONEOUS OR INNAPPROPRIATE STATEMENTS, CONTENT ON THE SERVICE OR CONDUCT OF ANY THIRD PARTY; (v) LOSS OR DAMAGE TO OR UNAUTHORIZED MODIFICATION OF ANY OF YOUR PHOTOGRAPHS, VIDEOS OR OTHER CONTENT, (vi) POWAY LACROSSE OR THE SERVICE PROVIDERS FAILURE TO ACCURATELY INPUT ANY CONTENT SUPPLIED BY YOU OR OTHER USERS INTO THE SERVICE or (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via email, fax or regular mail. The Poway Lacrosse Service or the service providers may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Certain of the trademarks appearing on the Service are owned by third parties. The service providers’ marks and logos are the trademarks of the service providers (the Service Providers’ Marks”) without the owners or the service providers prior permission, you agree not to display or use in any manner, the trademarks of third parties or the Service Providers Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
The service providers and Poway Lacrosse if it uses the Service respect the intellectual property of others, and ask the users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Poway Lacrosse Service and the service provider the following information:
24. USE OF DOMAIN NAME
In the event that VN purchases a domain name for the Poway Lacrosse Service website, Poway Lacrosse shall be entitled to use the domain name with the consent of VN or as part of an upgrade package during the term of the license.
25 CONTROL OF THE ASSIST SERVICE WEBSITE
In the event that the state or local administrator, school superintendent, principal, coach, or comparable official or administrator who controls or has jurisdiction over Poway Lacrosse requests that control over the Poway Lacrosse Service website be transferred to a person designated by such controlling person, VN in its discretion may require all persons in control of the administration of the Poway Lacrosse Service website to promptly transfer control of the website to said designee. VN may take control of or terminate use of the Poway Lacrosse Service at any time in its absolute discretion.
26 GENERAL INFORMATION
The TOS constitute the entire agreement between you, VN and the other service providers and governs your use of the Service, superceding any prior agreements. VN may change the terms and conditions of the TOS at any time without notice and you shall be deemed to have agreed to such changes in the TOS based upon your continued use of the Service. You also may be subject to additional terms and conditions that may apply when you use the service provider’s services, third-party content or third-party software. The TOS and the relationship between you the service providers shall be governed by the laws of the State of New York without regard to the conflict of law provisions. If you use the Service you, VN and the other service providers agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of VN or the other service providers to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
Please report any violations of the TOS.
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