ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE Effective November 21, 2007 The services offered at planaganza.com ("Planaganza"), a service of Mind Conceive, Inc, are provided to you under the terms and conditions of this Planaganza Terms of Service ("PTOS"), and any operating rules or policies that may be published by Planaganza at the URL: www.planaganza.com (the "Service"). The PTOS comprises the entire agreement between you and Planaganza and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING PLANAGANZA, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Planaganza as long as you adhere to these Terms of Service. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED You must be thirteen or older to register as a member or to use Planaganza. Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement. LINKS TO THIRD PARTY SITES Planaganza may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Mind Conceive, Inc and Mind Conceive, Inc is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mind Conceive, Inc is not responsible for webcasting or any other form of transmission received from any Linked Site. Mind Conceive, Inc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mind Conceive, Inc of the site or any association with its operators. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Planaganza Web Site, you warrant to Mind Conceive, Inc that you will not use Planaganza for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Planaganza in any manner which could damage, disable, overburden, or impair Mind Conceive, Inc or interfere with any other party's use and enjoyment of Planaganza. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Planaganza. REGISTRATION, MYGANZA, PROFILE PAGE, EVENT WEBPAGE, INSPIRATION GALLERY a. REGISTRATION. You are required to register with Planaganza if you want to create events, send messages or invitations, upload photos, automatically share events with your friends, utilize the Address Book, post messages, or create a profile page. In order to register with Planaganza you must supply a valid email address, which will be used as a unique identifier for your account, and a password. b. PROFILE PAGE. Every registered Planaganza user has a Profile page and a MyGanza user dashboard. In order to sign up for a free account, you will be required to supply a username, a valid email address, a password, your zip code and answer a few questions. You may also add various types of additional information to your Profile, which will help other users know a little more about you. Access by Planaganza users and site visitors to your profile information is determined by the Privacy Preferences you select in your Account Settings under the "Edit my Profile" link. Links to your Profile will be displayed on other pages at Planaganza, such as event pages when you are on the guest list or are the creator of the event. Information from your Profile, including your public events, may be made publicly accessible, based on your Privacy Preferences. c. MESSAGES. When you sign up for a free Planaganza account, you will be provided with a private internal messaging mailbox to receive system messages as well as messages from other users who may want to contact you, without you having to disclose your actual email address or other information. If and when you choose to send someone a message using the internal Planaganza Messages feature, they will not be informed of your email address. d. PHOTO GUIDELINES. When you set up a free Planaganza account, you will have the opportunity to post photographs of yourself and your events. We will accept photographs which show yourself plus another adult person (spouse, family member, etc.) and/or your children. We will also accept a graphic containing a logo, provided that you are the copyright owner. Photographs may not contain images of cartoons, comics, celebrities, nudity, artwork, obscene or otherwise inappropriate images (as determined in Planaganza's sole discretion). For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to Planaganza are subject to review and, if deemed by Planaganza to violate this PTOS, removal. Offensive content is not permitted in any form. By posting a photograph you warrant and represent that you own all right, title and interest to that photograph and to all images and likenesses contained in that photograph and you authorize Planaganza to distribute that photograph as part of the Planaganza Service. e. INSPIRATION GALLERY. You must list the copyright holder under "Photo credit" of any and all photos you upload to the inspiration gallery. If the photos are your personal photos, list yourself under "Photo credit". All photos that do not comform to this will be removed at the sole discretion of Planaganza.com. Additionally, if a copyright holder for any photos posted on Planaganza.com requests removal of that photo, it will be immediately removed with or without notice to the original poster. If you see any photographs on Planaganza that do not conform to this policy, please notify us by emailing us at info@Planaganza.com. DESCRIPTION OF SERVICE Planaganza provides Users with a variety of online services, including but not limited to: a. PRIVATE EVENTS. A private event is a private social gathering or get-together hosted and attended by a group of people in the same social network (friends, family and/ or associates). If you want to send a Planaganza invitation to a private event, you must be registered with Planaganza (see Registration above). b. PUBLIC EVENTS. A public event is a social gathering or get-together that is open to all members of the Planaganza community. All public events may be searchable on the Planaganza web site. Some examples of public events may include: concerts, mixers, happy-hours, organization meetings, book readings, bar and restaurant openings, etc. You must sign up for a free Planaganza account in order to post a public event. c. EVENT WEBPAGES. Users can upload images and choose colors or templates for use on a event website or event inspiration page. d. ADDRESS BOOK. Your Address Book consists of contact information such as name, and email address you have either added yourself or requested from another Planaganza user. e. OTHER FEATURES. You may also create event photo albums and conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free Planaganza account (see above). VENDOR REGISTRATION, VENDOR PROFILE a. VENDOR REGISTRATION. Vendor registration is required if you want to become apart of the Planaganza Vendor Network. Any and all vendor registration requests can be denied, revoked or removed at the sole discretion of Planaganza. In order to register you are asked to supply a valid email address, phone number, business name and choose a membership level. If the chosen level requires payment, services will be rendered upon receipt of payment. No refunds are granted for the term of vendor membership. b. VENDOR PROFILE. A vendor profile can be viewed by all members of the Planaganza community. All content should be in line with the Terms of Service and Planaganza reserves the right to request alteration or removal of any and all contents of this page at the sole discretion of the Planaganza. If compliance with any request is not immediate, Planaganza reserves the right to revoke membership from any vendor whether paid or not without refund for the remaining term of membership. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY PLANAGANZA AND THE MIND CONCEIVE, INC COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH PLANAGANZA MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MIND CONCEIVE, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO PLANAGANZA AT ANY TIME. MIND CONCEIVE, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON PLANAGANZA FOR ANY PURPOSE. MIND CONCEIVE, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING PLANAGANZA YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. PLANAGANZA HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING PLANAGANZA, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE PLANAGANZA FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS PLANAGANZA, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIND CONCEIVE, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF PLANAGANZA, WITH THE DELAY OR INABILITY TO USE PLANAGANZA OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH PLANAGANZA, OR OTHERWISE ARISING OUT OF THE USE OF PLANAGANZA, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIND CONCEIVE, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF PLANAGANZA, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING PLANAGANZA. USE OF COMMUNICATION SERVICES Planaganza may contain message board services, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Mind Conceive, Inc has no obligation to monitor the Communication Services. However, Mind Conceive, Inc reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mind Conceive, Inc reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Mind Conceive, Inc reserves the right at all times to disclose any information as 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 Mind Conceive, Inc's sole discretion. MATERIALS PROVIDED TO OR POSTED AT ANY MIND CONCEIVE, INC WEB SITE Mind Conceive, Inc does not claim ownership of the materials you provide to Mind Conceive, Inc (including feedback and suggestions) or post, upload, input or submit to Planaganza or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mind Conceive, Inc, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Mind Conceive, Inc is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mind Conceive, Inc's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Furthermore, you are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a Public or Private Event. All Content posted by you, is your sole responsibility. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. Planaganza does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Planaganza Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Planaganza be liable in any way for any Content posted by any user or third party, including, but not limited to, liability 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 any Content posted, e-mailed or otherwise transmitted via the Service. Subject to the terms of Planaganza's Privacy Policy, you agree if you post any Content on the Planaganza Service, you grant to Planaganza, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom Planaganza has a relationship. You also grant Planaganza the right to authorize the downloading and printing in whole or in part of any Content that you post to the Planaganza Service. Notwithstanding the foregoing, to the extent that any Content contains creative suggestions, recommendations, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. COPYRIGHT POLICY/INFRINGING MATERIAL You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on Planaganza without your permission or in any way that constitutes copyright infringement, please provide Planaganza with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on Planaganza; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact Planaganza at the following address: Attention: Copyrights, Mind Conceive, Inc., 7051 Oak Grove Way, Elkridge, MD 21075 NO "SPAMMING" You must not use any feature of Planaganza for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Planaganza. If you use any feature of the Planaganza Service for the purpose of sending Spam, Planaganza reserves the right to immediately terminate your access to the Planaganza Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Planaganza Service for Spam, please notify Planaganza using the contact information on our Contact Us page, by flagging any posting that appears to be Spam for Planaganza's review, or by emailing Planaganza at info@planaganza.com PLEASE NOTE that by posting a public event you are consenting to receive, and authorizing Planaganza to forward to you, emails from other users. Such messages are not included in the above definition of Spam. PRIVACY POLICY It is Planaganza's policy to respect the privacy of its users. Planaganza's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Planaganza collect from you and how that information is used is governed by the Planaganza Privacy Policy. The terms of our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website are incorporated into and made part of this Agreement. Links to copies of each of these policies and notices can be found on the Planaganza Home Page. SECURITY You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your My Account Page. You may also set up a new account at your convenience. You agree to notify Planaganza immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Planaganza of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until Planaganza is notified by email of a breach in security, you will remain liable for any unauthorized use of the Planaganza Service through your account. In consideration for using the Planaganza Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or Profile Page sign-up is inaccurate, Planaganza reserves the right to terminate your account immediately and your right to use the Planaganza Service. USER CONDUCT Planaganza reserves the right, but does not assume the responsibility, to monitor or review your conduct on Planaganza. Your use of Planaganza is subject to all applicable local, state, national and international laws and regulations. In using the Planaganza Service you agree not to: · Use Planaganza or any Mind Conceive, Inc services for illegal purposes; · Interfere or disrupt networks connected to Planaganza or violate the regulations, policies or procedures of such networks; · Use Planaganza in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise); · Harvest or otherwise collect information about other users, including e-mail addresses, without their consent; · Transmit through Planaganza any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature; · Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using Planaganza; · Transmit through Planaganza any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; · Interfere with another User's use and enjoyment of Planaganza; · Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user; · Create a false identity for the purpose of misleading others as to your identity or the origin of a message; · Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of Planaganza any directory of Planaganza's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under the Terms of Use; · Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; · Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or · Engage in any other conduct which, in Planaganza's sole discretion, is considered inappropriate, unauthorized or objectionable. TERMINATION/ACCESS RESTRICTION Mind Conceive, Inc reserves the right, in its sole discretion, to terminate your access to Planaganza and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws the laws of the Commonwealth of Maryland, United States of America, without regard to its conflict of law provisions. You agree any action at law, or in equity arising out of, or relating to these Terms and Conditions shall be filed only in the state or federal courts in Maryland, United States of America in all disputes arising out of or relating to the use of Planaganza. Use of Planaganza is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mind Conceive, Inc as a result of this agreement or use of Planaganza. Mind Conceive, Inc's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mind Conceive, Inc's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Planaganza or information provided to or gathered by Mind Conceive, Inc with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mind Conceive, Inc with respect to Planaganza and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mind Conceive, Inc with respect to Planaganza. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. NO AGENCY There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of Planaganza. INDEMNIFICATION You agree to indemnify and hold Planaganza, its parent company, Mind Conceive, Inc, subsidiaries, affiliates, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Planaganza Service, the violation of the terms of use by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation. MODIFICATION OF THESE TERMS OF USE Mind Conceive, Inc reserves the right to change the terms, conditions, and notices under which Planaganza is offered. The effective date will be posted at the top of this agreement if any changes are made to the agreement. CONTACT info@planaganza.com
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