PRIVACY
POLICY & TERMS OF USE
1.
ACCEPTANCE OF TERMS:
Welcome
to Post Media Inc. Post Media Inc.provides its
service to you, subject to the following Terms
of Service ("TOS"), which may be updated by us
from time to time without notice to you. In addition,
when using particular Post Media Inc. services,
you and Post Media Inc. shall be subject to any
posted guidelines or rules applicable to such
services which may be posted from time to time.
All such guidelines or rules are hereby incorporated
by reference into the TOS.Post Media Inc. may
also offer other services that are governed by
different Terms of Service.
2.
DESCRIPTION OF SERVICE:
Post
Media Inc. currently provides users with access
to a rich collection of services, including, various
communications tools and branded programming through
its network of properties (the "Service"). You
also understand and agree that the Service may
include advertisements and that these advertisements
are necessary for Post Media Inc. to provide the
Service. You also understand and agree that the
service may include certain communications from
Post Media Inc., such as service announcements,
administrative messages and the Post Media Inc.
Newsletter, and that these communications are
considered part of Post Media Inc.membership and
you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including
the release of new Post Media Inc. properties,
shall be subject to the TOS. You understand and
agree that the Service is provided "AS-IS" and
that Post Media Inc. assumes no responsibility
for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization
settings. You are responsible for obtaining access
to the Service and that access may involve third
party fees.
3.
YOUR REGISTRATION OBLIGATIONS:
In
consideration of your use of the Service, you
represent that you are of legal age to form a
binding contract and are not a person barred from
receiving services under the laws of the United
States or other applicable jurisdiction. You also
agree to: (a) provide true, accurate, current
and complete information about yourself as prompted
by the Service's registration form (such information
being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep
it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate,
not current or incomplete, or Post Media Inc.
has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete,
Post Media Inc.has the right to suspend or terminate
your account and refuse any and all current or
future use of the Service (or any portion thereof).
Post Media Inc. is concerned about the safety
and privacy of all its users, particularly children.
4.
POST MEDIA INC PRIVACY POLICY:
Registration
Data and certain other information about you is
subject to our Privacy Policy.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY:
You
will receive a password and account designation
upon completing the Service's registration process.
You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible
for all activities that occur under your password
or account. You agree to (a) immediately notify
Post Media Inc. of any unauthorized use of your
password or account or any other breach of security,
and (b) ensure that you exit from your account
at the end of each session. Post Media Inc. cannot
and will not be liable for any loss or damage
arising from your failure to comply with this
Section 5.
6.
MEMBER CONDUCT:
You
understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages
or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole
responsibility of the person from which such Content
originated. This means that you, and not Post
Media Inc., are entirely responsible for all Content
that you upload, post, email, transmit or otherwise
make available via the Service. Post Media Inc.
does not control the Content posted via the Service
and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand
that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable.
Under no circumstances will Post Media Inc. be
liable in any way for any Content, 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 any Content
posted, emailed, transmitted or otherwise made
available via the Service.
You
agree to not use the Service to:
- upload,
post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically
or otherwise objectionable;
- harm
minors in any way;
- impersonate
any person or entity, including, but not limited
to, a Post Media Inc. official, forum leader,
guide or host, or falsely state or otherwise
misrepresent your affiliation with a person
or entity;
- forge
headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service;
- upload,
post, email, transmit or otherwise make available
any Content that you do not have a right to
make available under any law or under contractual
or fiduciary relationships (such as inside
information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under nondisclosure
agreements);
- upload,
post, email, transmit or otherwise make available
any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary
rights ("Rights") of any party;
- upload,
post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any
other form of solicitation, except in those
areas (such as shopping rooms) that are designated
for such purpose;
- upload,
post, email, transmit or otherwise make available
any material that contains software viruses
or any other computer code, files or programs
designed to interrupt, destroy or limit the
functionality of any computer software or
hardware or telecommunications equipment;
- disrupt
the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the
Service are able to type, or otherwise act
in a manner that negatively affects other
users' ability to engage in real time exchanges;
- interfere
with or disrupt the Service or servers or
networks connected to the Service, or disobey
any requirements, procedures, policies or
regulations of networks connected to the Service;
- intentionally
or unintentionally violate any applicable
local, state, national or international law,
including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other
securities exchange, including, without limitation,
the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations
having the force of law;
- "stalk"
or otherwise harass another; or
- collect
or store personal data about other users.
You
acknowledge that Post Media Inc. may not pre-screen
Content, but that Post Media Inc. and its designees
shall have the right (but not the obligation)
in their sole discretion to refuse or move any
Content that is available via the Service. Without
limiting the foregoing, Post Media Inc. and its
designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and 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 any Content
created by Post Media Inc. or submitted to Post
Media Inc., including without limitation information
in Post Media Inc. Message Boards, and in all
other parts of the Service.
You
acknowledge, consent and agree that Post Media
Inc. may access, preserve, and disclose your account
information and Content if required to do so by
law or in a good faith belief that such access
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; (d) respond
to your requests for customer service; or (e)
protect the rights, property, or personal safety
of Post Media Inc., its users and the public.
You
understand that the technical processing and transmission
of the Service, including your Content, may involve
(a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements
of connecting networks or devices.
You
understand that the Service and software embodied
within the Service may include security components
that permit digital materials to be protected,
and use of these materials is subject to usage
rules set by Post Media Inc. and/or content providers
who provide content to the Service. You may not
attempt to override or circumvent any of the usage
rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution
or public exhibition of the materials provided
on the Service, in whole or in part, is strictly
prohibited.
7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE:
Recognizing
the global nature of the Internet, you agree to
comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the
transmission of technical data exported from the
United States or the country in which you reside.
8.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE:
Post
Media Inc.does
not claim ownership of Content you submit or make
available for inclusion on the Service. However,
with respect to Content you submit or make available
for inclusion on publicly accessible areas of
the Service, you grant Post Media Inc. the following
world-wide, royalty free and non-exclusive license(s),
as applicable:
- With
respect to Content you submit or make available
for inclusion on publicly accessible areas
of Post Media Inc., the license to use, distribute,
reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service
solely for the purposes of providing and promoting
the specific Post Media Inc. area to which
such Content was submitted or made available.
This license exists only for as long as you
elect to continue to include such Content
on the Service and will terminate at the time
you remove or Post Media Inc. removes such
Content from the Service.
-
-
With
respect to photos, graphics, audio or video
you submit or make available for inclusion
on publicly accessible area of the Service
other than Post Media Inc., the license to
use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such
Content on the Service solely for the purpose
for which such Content was submitted or made
available. This license exists only for as
long as you elect to continue to include such
Content on the Service and will terminate
at the time you remove or Post Media Inc.
removes such Content from the Service.
-
With
respect to Content other than photos, graphics,
audio or video you submit or make available
for inclusion on publicly accessible areas
of the Service other than Post Media Inc.,
the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform
and publicly display such Content (in whole
or in part) and to incorporate such Content
into other works in any format or medium now
known or later developed.
"Publicly
accessible" areas of the Service are those areas
of the Post Media Inc. network of properties that
are intended by Post Media Inc. to be available
to the general public. By way of example, publicly
accessible areas of the Service would include
Post Media Inc. Message Boards and portions of
Post Media Inc., Photos and Briefcase that are
open to both members and visitors. However, publicly
accessible areas of the Service would not include
portions of Post Media Inc. that are limited to
members, Post Media Inc. services intended for
private communication such as Post Media Inc.
Mail or Post Media Inc. Messenger, or areas off
of the Post Media Inc. network of properties such
as portions of World Wide Web sites that are accessible
through via hypertext or other links but are not
hosted or served by Post Media Inc.
9.
INDEMNITY:
You
agree to indemnify and hold Post Media Inc., and
its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, 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.
10.
NO RESALE OF SERVICE:
You
agree not to reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service,
or access to the Service without notice.
11.
GENERAL PRACTICES REGARDING USE AND STORAGE:
You
acknowledge that Post Media Inc. 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 an account on the Service, the maximum size
of any email message that may be sent from or
received by an account on the Service, the maximum
disk space that will be allotted on Post Media
Inc.'s 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 Post Media Inc. has 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 acknowledge that Post Media Inc.
reserves the right to log off accounts that are
inactive for an extended period of time. You further
acknowledge that Post Media Inc. reserves the
right to modify these general practices and limits
from time to time.
12.
MODIFICATIONS TO SERVICE:
Post
Media Inc.
reserves 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 Post Media
Inc. shall not be liable to you or to any third
party for any modification, suspension or discontinuance
of the Service.
13.
TERMINATION:
You
agree that Post Media Inc. may, under certain
circumstances and without prior notice, immediately
terminate your Post Media Inc. account, any associated
email address, and 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),
(e) unexpected technical or security issues or
problems, and (f) extended periods of inactivity.
Termination of your Post Media Inc. account includes
(a) removal of access to all offerings within
the Service, including but not limited to Post
Media Inc. Mail, Groups, Messenger, Chat, Domains,
Personals, Auctions, Message Boards, Greetings,
Alerts and Games, (b) deletion of your password
and all related information, files and content
associated with or inside your account (or any
part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations
for cause shall be made in Post Media Inc.'s sole
discretion and that Post Media Inc.shall not be
liable to you or any third-party for any termination
of your account, any associated email address,
or access to the Service.
14.
DEALINGS WITH ADVERTISERS:
Your
correspondence or business dealings with, or participation
in promotions of, advertisers found on or through
the Service, including payment 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 advertiser. You agree that Post Media Inc.
shall not 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 advertisers on the Service.
15.
LINKS:
The
Service may provide, or third parties may provide,
links to other World Wide Web sites or resources.
Because Post Media Inc. has no control over such
sites and resources, you acknowledge and agree
that Post Media Inc. is not responsible for the
availability of such external sites or resources,
and does not endorse and is 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 Post Media Inc. shall not 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.
16.
POST MEDIA INC.'S 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 advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Post
Media Inc. or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software,
in whole or in part.
Post Media Inc. grants you a personal, non-transferable
and non-exclusive right and license to use the
object code of its Software on a single computer;
provided that you 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.
You 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.
You agree not to access the Service by any means
other than through the interface that is provided
by Post Media Inc.for use in accessing the Service.
17.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. POST MEDIA INC. EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- POST
MEDIA INC. MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
- ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM POST MEDIA INC. OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
- A
SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS
OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE
USING THE SERVICE. CERTAIN CONDITIONS MAY
INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN
YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY DISCONTINUE USE OF THE
SERVICE AND CONSULT YOUR PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE -- DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
18.
LIMITATION OF LIABILITY:
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT POST MEDIA
INC. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF POST MEDIA
INC. 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 TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19.
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 17 AND
18 MAY NOT APPLY TO YOU.
20.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS:
If
you intend to create or join any service, receive
or request any news, messages, alerts or other
information from the Service concerning companies,
stock quotes, investments or securities, please
read the above Sections 17 and 18 again. They
go doubly for you. In addition, for this type
of information particularly, the phrase "Let the
investor beware" is apt. The Service is provided
for informational purposes only, and no Content
included in the Service is intended for trading
or investing purposes. Post Media Inc. and its
licensors shall not be responsible or liable for
the accuracy, usefulness or availability of any
information transmitted or made available via
the Service, and shall not be responsible or liable
for any trading or investment decisions made based
on such information.
21.
NO THIRD PARTY BENEFICIARIES:
You
agree that, except as otherwise expressly provided
in this TOS, there shall be no third party beneficiaries
to this Agreement.
22.
NOTICE:
Post
Media Inc. may
provide you with notices, including those regarding
changes to the TOS, by either email, regular mail,
or postings on the Service.
23.
TRADEMARK INFORMATION:
The
Post Media Inc. logo and Design, trademarks and
service marks, and other Post Media Inc. logos
and product and service names are trademarks of
Post Media Inc. Without Post Media Inc.'s prior
permission, you agree not to display or use in
any manner, the Post Media Inc. Marks.
24.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
OR INTELLECTUAL PROPERTY INFRINGEMENT
Post
Media Inc. respects the intellectual property
of others, and we ask our users to do the same.
Post Media Inc. may, in appropriate circumstances
and at its discretion, disable and/or terminate
the accounts of users who may be repeat infringers.
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 Post Media
Inc.'s Copyright Agent the following information:
- an
electronic or physical signature of the person
authorized to act on behalf of the owner of
the copyright or other intellectual property
interest;
- a
description of the copyrighted work or other
intellectual property that you claim has been
infringed;
- a
description of where the material that you
claim is infringing is located on the site;
- your
address, telephone number, and email address;
- a
statement by you that you have a good faith
belief that the disputed use is not authorized
by the copyright owner, its agent, or the
law;
- a
statement by you, made under penalty of perjury,
that the above information in your Notice
is accurate and that you are the copyright
or intellectual property owner or authorized
to act on the copyright or intellectual property
owner's behalf.
25.
GENERAL INFORMATION:
Entire
Agreement. The TOS constitute the entire agreement
between you and Post Media Inc. and govern your
use of the Service, superceding any prior agreements
between you and Post Media Inc. You also may be
subject to additional terms and conditions that
may apply when you use or purchase certain other
Post Media Inc. services, affiliate services,
third-party content or third-party software.
Choice
of Law and Forum. The TOS and the relationship
between you and Post Media Inc. shall be governed
by the laws of the State of Florida without regard
to its conflict of law provisions. You and Post
Media Inc. agree to submit to the personal and
exclusive jurisdiction of the courts located within
the county of Miami-Dade, Florida.
Waiver
and Severability of Terms. The failure of
Post Media Inc. 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.
No
Right of Survivorship and Non-Transferability.
You agree that your Post Media Inc. account is
non-transferable and any rights to your Post Media
Inc. I.D. or contents within your account terminate
upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and
all contents therein permanently deleted.
Statute
of Limitations. 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.
26.
VIOLATIONS:
Please
report any violations of the TOS to Post Media
Inc. Customer Services Dept.
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