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Terms
& Conditions of
PIM Member's
Communications & Their Privacy
Planet BILLBOARD is committed to protecting the privacy
of consumers of its interactive products and services. We want to contribute to providing a safe and secure
environment for consumers, and in particular, ensure that kids'
information is protected.
While this privacy policy applies to the Planet BILLBOARD PIM
(Personal Information Manager) feature and all
of the other Internet-accessible Planet BILLBOARD-branded services, like
Planet BILLBOARD PIM Mail, BILLBOARDS, Instant Messenger, Singles EDGE
and Planet DINING, we will refer here only to Planet BILLBOARD PIM to make
reading this policy easier. (The Planet BILLBOARD Internet service has a
separate privacy policy and merchant's service agreement for its
clients. If you are a Planet BILLBOARD client, you
can find that policy within our Terms of Internet Online Service) The purpose of this
Planet BILLBOARD PIM privacy policy is to inform you, as a visitor to
Planet BILLBOARD PIM , subject to kinds of information we may gather about you when
you visit Planet BILLBOARD PIM, how we may use that information, whether we
disclose it to anyone, and the choices you have regarding our use of,
and your ability to correct, the information. Finally, please note
that this policy applies only to Planet BILLBOARD PIM and Web sites that carry
the Planet BILLBOARD PIM brand, and not to other companies' or organizations'
(merchants) Web sites to which we or you, as a member may make custom
links to. We have clearly marked Planet BILLBOARD
PIM and
these branded Web sites/pages with our logo so you know where this policy
applies.
Information About All Planet BILLBOARD PIM Members
In general, our service automatically gathers certain usage
information like the numbers and frequency of visitors to Planet
BILLBOARD PIM and its various shopping stations, communities and other
Planet BILLBOARD's services areas ( much like television ratings that tell the
networks how many people tuned in to a program). We only use such data
in aggregate. This collective data helps us determine how much our
customers use different parts of the site, so we can improve our site
and make it as appealing and entertaining as possible. For example, Planet BILLBOARD PIM is not using a technology nicknamed
"cookies" that tells companies how and when pages in their site are
visited, and by how many people. Planet BILLBOARD does not collect personally
identifiable information this way. Your personally identifiable information
is only collected through your PIM registration to tell
us who you are and what your User Name and e-mail address is. We
also may provide statistical "ratings" information as a
group (never
information about you personally), to our Planet BILLBOARD PIM partners
and merchants about
how our members, collectively, use Planet BILLBOARD PIM. We do this so they
too can understand how much people use their areas and our site in
order for them to provide you with the best possible Web experience as
well. Preview our partners & merchants offer special products and services
to selected PIM members of interest.
However; Planet BILLBOARD may furnish PIM Member's
User Name to their favorite and
selected merchants to keep
the members aware of their policies, announcements, sales and promotions. With
member's permission, only Planet BILLBOARD may collect member's receipts or purchasing
information, and it will only be for members convenience and not to share
with public or other merchants, except the merchant who furnished the info.
The participating merchants will only furnish these information if you
have given them the permission to do so.
Information About You
Sometimes, we may specifically ask for information about you when you
sign up to use a service, like Planet BILLBOARD Instant Messenger, or when you
order a product. We will need certain information -- such as name,
Internet address or User Name, billing address, type of computer,
credit card number (If applicable for paid services) -- in order to provide that service or product to
you. We may also use that information to let you know of additional
products and services about which you might be interested. You can
choose not to receive such information if you don't want to by letting
us know on the registration screen when you sign up for the product or
service. We may ask you for information about your interests so that
both you and we can take advantage of the interactivity and
customization features, but you may always choose to respond or not. Additionally, we
may provide you with an opportunity to be listed in a directory on one
of our Planet BILLBOARD- branded services such as; PIM BILLBOARDS,
Singles EDGE and Planet DINING-- these listings are also optional and
you can make changes to or eliminate this information as you see fit.
Disclosure
We do not use or disclose information about your individual visits to
Planet BILLBOARD PIM or information that you may give us, such as your name,
address, email address or telephone number, to any outside companies.
But as we mention above, we may share with our Web site partners
aggregated statistical "ratings" information about the use
of Planet BILLBOARD PIM.
The PIM Members have a complete control over their account and can only set the status flag for their first name and User Name be
posted to the BILLBOARD area for "Public" communications or
can completely keep their identity "private" for private
"one-to-one" (mail)
communications. Once the status flag has become
"public", it becomes very difficult to reverse the situation, unless a second User
Name is registered and used to remedy this behavior.
Forgot Your Password?
For our Members Security, Planet
BILLBOARD DOES NOT use an autoresponder to send your password to you!
To obtain your password Click on
the E-Mail Link below and provide us with:
1. Your Member User Name
2. The E-Mail address you used
when signing up as a Planet BILLBOARD member
3. Your Country, City and State
as listed in your Account Profile.
Planet BILLBOARD will send your
password to you via E-Mail within 2 business days to the E-Mail
address that was used when signing up OR to the current E-Mail address
listed in our database. FOR ALL MEMBERS SECURITY Planet
BILLBOARD WILL NOT provide a password to anyone who cannot provide the
three items of information requested above.
HELP!
Please Send my Password
Special Attention to Kids
Planet BILLBOARD takes special care to protect the safety and
privacy of young people using our services. We do not specifically
collect information about children and believe that children should
get their parents' consent before giving out any personal information.
We encourage you to participate in your child's experience at Planet
BILLBOARD and to review our important safety tips before your child
explores the Internet. We also encourage you and your child to visit
Planet BILLBOARD Shopping Stations; like Family, Baby, Education and
Toys, which provides access to
age-appropriate content available on the Web. Planet BILLBOARD also recommends that
parents who are Planet BILLBOARD members use Planet BILLBOARD's Parental Controls or, if not,
other Web filtering technology to supervise their kids' access to the
Web.
Planet BILLBOARD PIM Privacy Policy Changes
If we decide to change our privacy policy for Planet BILLBOARD PIM, we will
post those changes here so that you will always know what information
we gather, how we might use that information and whether we will
disclose it to anyone.
We do not
knowingly do business with any merchant that does not adhere to
standards set forth by federal, state or local statutes and
do not do business with anyone we deem unfit, objectionable, illegal,
or any other questionable business practice.
We are an Interactive directory combining world-wide merchants,
communities, a personal information and communication management tool.
And we make it our first priority to
do business only with reputable businesses who adhere to all
commonly practiced laws and regulations.
This above
statement discloses the privacy practices for Planet BILLBOARD PIM.
Questions regarding the above statement should be directed to
Planet BILLBOARD for clarification. To return to the
Site, please use the "Back" button on your browser.
Terms & Conditions
PIM Members will only place messages
on the BILLBOARD for non-money making ideas. Members can
get special permission from Planet BILLBOARD webmaster to place a
message to sell their personal belongings at a very reduced
cost. Other restrictions may apply. PIM Members can always
up their status to become a merchant and take advantage of home or
small business opportunities.
All copyrights, trademarks, art, product names, etc are owned
by their respective legal owners. Forms, orders, surveys, contests,
etc are administered by the advertised site owner/merchant and
they do not share that information with us, nor do we in any form copy
it or keep it for any purpose. Planet BILLBOARD is not held liable for
any product or service that does not seem to meet the consumers need
or fit...however, we welcome any feedback regarding sites that you
feel have misrepresented their products/services, or that deal in questionable, pornographic,
illegal activity, or any other objectionable content.
While this is not complete, we are striving to ensure all of
your privacy and safety needs are met while visiting Planet BILLBOARD.
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Acknowledgment
and Acceptance of
Planet BILLBOARD PIM Mail & Billboards User Agreement
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| Planet
BILLBOARD shall provide e-mail products and services
("the Planet BILLBOARD PIM Mail
& Billboards
Service") to you ("User") under the terms and
conditions of this Planet BILLBOARD PIM Mail
& Billboards
User Agreement ("the Agreement"). USER UNDERSTANDS
AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH Planet
BILLBOARD PIM Mail
& Billboards
AND NOT THE WEB SITE WITH WHOM Planet BILLBOARD PIM Mail
& Billboards
HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE
REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT"
BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT
WITH Planet BILLBOARD PIM
Mail & Billboards
AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT
YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE
STATEMENT ACCESSIBLE FROM THE LOGIN PAGE OF THIS E-MAIL SITE.
PERSONS UNDER 13 MAY NOT SIGN UP FOR THE Planet BILLBOARD
PIM Mail
& Billboards
SERVICE AT THIS TIME.
Acceptable Use Policy
The following policy governs the use of the Planet
BILLBOARD PIM Mail
& Billboards Service by
User. User will comply with the terms and spirit of the
Agreement.
(a) User shall not use the Planet
BILLBOARD PIM Mail
& Billboards Service
for spamming. Spamming includes, but is not limited to (1)
the bulksending of unsolicited messages, or the sending of
unsolicited e-mails which provoke complaints from
recipients, (2) the sending of junk mail, (3) the use of
distribution lists that include people who have not given
specific permission to be included in such distribution
process, (4) posting commercial ads to USENET newsgroups
that do not permit it, (5) posting articles containing
binary encoded data to a non-binary newsgroups, (6)excessive
and repeated posting off-topic messages to newsgroups,
(7)excessive and repeated cross-posting, (8) e-mail
harassment of another Internet user or users, including but
not limited to, transmitting any threatening, libelous or
obscene material, or material of any nature which could be
deemed to be offensive, and (9) the e-mailing of age-
inappropriate communications or content to anyone under the
age of 18. Planet BILLBOARD PIM Mail
& Billboards has in
place a spam monitoring and control system to reduce spam
sent to and from Users. Planet BILLBOARD PIM Mail
& Billboards shall make
reasonable attempts to respond to complaints made by User
regarding the receipt of spam or other harassing e-mail or,
in the case of a User under the age of 18, complaints from
such User or from such User's parent or guardian regarding
the receipt of spam, other harassing e-mail, or e-mail
containing any age-inappropriate communications or content.
(b) User shall not use the Planet
BILLBOARD PIM Mail
& Billboards Service in a
manner which violates any city, state, national or
international law or regulation, or which fails to comply with
accepted Internet protocol. User shall not attempt to
interfere in any way with Planet BILLBOARD PIM Mail
& Billboards networks or
network security, or attempt to use the Planet BILLBOARD
PIM Mail
& Billboards Service to
gain unauthorized access to any other computer system.
(c) User shall at all times provide Planet
BILLBOARD PIM Mail
& Billboards with
accurate information. User shall immediately notify Planet
BILLBOARD PIM Mail
& Billboards of any
security breach in or unauthorized use of User's account. User
shall not interfere in any way with another User's use of, or Planet
BILLBOARD PIM Mail
& Billboards's provision
of the Planet BILLBOARD PIM Mail Service. User shall
not resell, rent, lease, grant a security interest in, or make
commercial use of the Planet BILLBOARD PIM Mail
& Billboards services
without the express written consent of Planet BILLBOARD PIM
Mail
& Billboards.
(d) User agrees to use Planet
BILLBOARD PIM Mail
& Billboards E-mail
addresses containing the names of colleges, universities,
celebrities, entertainment properties, businesses, or teams
for personal use only and not for any commercial purpose.
(e) User agrees not to transfer
E-mail address for gain or otherwise. Transfer of such E-mail
address will result in termination of contract with end user.
Title
Title, ownership rights, and intellectual property rights in
all content and material that is part of, contained in, or
accessed through the Planet BILLBOARD PIM Mail
& Billboards Service, and
provided by either Planet BILLBOARD PIM Mail
& Billboards or sponsors
or any other content provider shall remain the sole property
of Planet BILLBOARD PIM Mail
& Billboards and/or its
sponsors or any other content provider. User acknowledges and
agrees that certain college, university, team, celebrity or
business names contained within Planet BILLBOARD PIM Mail
& Billboards E-mail
addresses may represent protected trademarks and service
marks. Such content and materials are protected by the
copyrights, trademark, service mark and patent laws and
treaties.
Indemnification
User agrees to indemnify and hold Planet BILLBOARD PIM Mail
& Billboards and its
licensors, parents, subsidiaries, affiliates, network partner
sites, officers and employees ("Affiliated
Parties"), harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of User's use of the Planet BILLBOARD PIM Mail
& Billboards Service, the
violation of the Agreement by User, or the infringement by
User, or by any other user of the Planet BILLBOARD PIM Mail
& Billboards Service
using User's computer, of any intellectual property or other
right of any person or entity, or as a result of any
threatening, libelous, obscene, harassing or offensive
material contained in any User communications.
Disclaimer of Warranty
Planet BILLBOARD PIM Mail
& Billboards EXPRESSLY
DISCLAIMS ANY WARRANTY FOR THE Planet BILLBOARD PIM Mail
& Billboards SERVICE. THE
Planet BILLBOARD PIM Mail
& Billboards SERVICE IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK
AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE Planet
BILLBOARD PIM Mail
& Billboards SERVICE IS
BORNE BY USER. Planet BILLBOARD PIM Mail
& Billboards MAKES NO
WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES
PURCHASED OR OBTAINED THROUGH THE USE OF THE Planet
BILLBOARD PIM Mail
& Billboards SERVICE.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF
AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER
AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL Planet BILLBOARD PIM Mail
& Billboards OR ITS
LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE Planet
BILLBOARD PIM Mail
& Billboards SERVICE, THE
PERFORMANCE OF Planet BILLBOARD PIM Mail
& Billboards SERVICE, OR
DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS
STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER
DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR
CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Planet
BILLBOARD PIM Mail
& Billboards BE LIABLE
FOR ANY DAMAGES IN EXCESS OF WHAT Planet BILLBOARD PIM Mail
& Billboards RECEIVED
FROM USER FOR THE Planet BILLBOARD PIM Mail
& Billboards SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO USER.
Storage
Planet BILLBOARD PIM Mail
& Billboards assumes no
responsibility for the deletion or failure to store, deliver
or timely deliver messages. Without limiting the foregoing
sentence, Planet BILLBOARD PIM Mail
& Billboards may, from
time to time and without notice, set limit(s) on the number of
messages a member may send, store, or receive through the
service, and Planet BILLBOARD PIM Mail
& Billboards retains the
right to delete any E-mails above or below such limit(s) as
well as to deactivate any account which is over such limit(s)
without any liability whatsoever, and User hereby releases Planet
BILLBOARD PIM Mail
& Billboards from any
such liability. Any notice provided by Planet BILLBOARD PIM
Mail
& Billboards to Users in
connection with such limit(s) shall not create any obligation
to provide future notification regarding any change(s) to such
limit(s).
Infringement
User represents that the user id selected by the User, when
used alone or combined with a second or third level domain
name, does not interfere with the rights of any third party
and is not being selected for any unlawful purpose. User
acknowledges and agrees that if such selection does interfere
with the rights of any third party or is being selected for
any unlawful purpose, Planet BILLBOARD PIM Mail
& Billboards may
immediately suspend the use of such Planet BILLBOARD PIM
Mail
& Billboards E-mail
address, and User will indemnify and hold Planet BILLBOARD
PIM Mail
& Billboards harmless, in
accordance with the Indemnification section above, for any
claim or demand against Planet BILLBOARD PIM Mail
& Billboards that arises
out of such selection. User acknowledges and agrees that
neither Planet BILLBOARD PIM Mail
& Billboards nor any of
its licensors shall be liable to User in the event Planet
BILLBOARD PIM Mail
& Billboards is ordered
or required, as a result of a court order or legal settlement,
or contractual requirement with any licensor, to desist from
using or permitting the use of a particular domain name as
part of a Planet BILLBOARD PIM Mail
& Billboards E-mail
address. If as a result of such action, User loses an E-mail
address, the User's sole remedy shall be the receipt of a
replacement Planet BILLBOARD PIM Mail
& Billboards E-mail
address.
Modification
Planet BILLBOARD PIM Mail
& Billboards reserves the
right to modify the Planet BILLBOARD PIM Mail
& Billboards Service as
described in the Agreement and on the site, and to change the
terms and conditions of the Agreement at any time, without
notice. Continued use of the Planet BILLBOARD PIM Mail
& Billboards Service
after such modifications shall be deemed an acceptance by the
User to be bound by the terms of the modified Agreement.
Termination
Planet BILLBOARD PIM Mail
& Billboards Service may
be terminated for any reason, in whole or in part, effective
immediately, by either Planet BILLBOARD PIM Mail
& Billboards at any time
without notice and without any liability whatsoever, and User
hereby releases Planet BILLBOARD PIM Mail
& Billboards from any
such liability. Upon termination, User's right to use the Planet
BILLBOARD PIM Mail
& Billboards Service
immediately ceases, and Planet BILLBOARD PIM Mail
& Billboards is not
obligated to forward any unread or unsent messages to User or
any third party. Planet BILLBOARD PIM Mail
& Billboards shall not be
liable to User or any third party for termination of the Planet
BILLBOARD PIM Mail
& Billboards Service. In
the case of a terminated paid Planet BILLBOARD PIM Mail
& Billboards Service
("Premium Service"), upon written request to Planet
BILLBOARD PIM Mail
& Billboards, User shall
receive at Planet BILLBOARD PIM Mail
& Billboards's option,
either i) reimbursement of the pro-rata portion of the amount
paid for the period remaining on User's account for the
terminated Premium Service; or ii) credit for another Premium
Service equivalent to the pro-rata portion of the amount paid
for the period remaining on User's account for the terminated
Premium Service. There shall be no reimbursement or credit if
the Planet BILLBOARD PIM Mail
& Billboards Service is
terminated due to User's violation of the terms of this
Agreement. Planet BILLBOARD PIM Mail
& Billboards reserves the
right to terminate User's E-mail address in the event that Planet
BILLBOARD PIM Mail
& Billboards's rights to
use certain domain names or E-mail addresses terminate or
expire. In addition, Planet BILLBOARD PIM Mail
& Billboards retains the
right, at Planet BILLBOARD PIM Mail
& Billboards's sole
discretion, to terminate any and all parts of the Planet
BILLBOARD PIM Mail
& Billboards Service
provided to User, without refunding User for any annual fees
paid but not yet accrued, if it determines that User has
failed to comply with any of the terms of the Acceptable Use
Policy. If Planet BILLBOARD PIM Mail
& Billboards determines
that User has failed to comply with any of the terms of the
Acceptable Use Policy above, Planet BILLBOARD PIM Mail
& Billboards shall, if
and when it deems it appropriate, (1) facilitate criminal
prosecution against such User by referring User's spamming
activity to the appropriate legal authorities, and (2) bring a
civil action against such User, who shall be liable to Planet
BILLBOARD PIM Mail
& Billboards for any
direct, indirect, special, incidental, or consequential
damages incurred by Planet BILLBOARD PIM Mail
& Billboards as a result
of User's spamming or other prohibited activity.
Severability
If any provision hereof shall at any time be held to be void,
invalid or unenforceable, such provision shall be construed as
severable and shall not in any way affect or render void,
invalid or unenforceable any other provision of this
Agreement, and this Agreement shall be carried out as if such
void, invalid or unenforceable provision were not part of this
Agreement.
Action Limit
User and Planet BILLBOARD PIM Mail
& Billboards agree that
any cause of action arising out of or related to this Service
must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred.
No Waiver
No waiver on the part of Planet BILLBOARD PIM Mail
& Billboards to exercise,
and no delay in exercising, any right, power or provision
hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise of any right, power or provision
hereunder preclude the exercise of that or any other right,
power or provision.
Planet BILLBOARD PIM Mail
& Billboards Successors
and Assigns
This Agreement shall be binding upon and inure to the benefit
of any Planet BILLBOARD PIM Mail
& Billboards successor
companies or assigns.
Headings
The headings in this Agreement are for convenience only and
shall not affect the meaning or interpretation of this
Agreement or any provision thereof.
Entire Agreement
This Agreement contains the entire understanding of the
parties with respect to the subject matter hereof and
supersedes all prior and contemporaneous agreements and
understandings, whether oral or written, relating to the
subject matter hereof.
Governing Law
This Agreement shall be governed by and construed in
accordance with the laws of the State of Virginia applicable
to agreements executed and performed wholly within the State
of Virginia.
Terms,
Conditions and Privacy Statement
By using PlanetDINING.com you agree to be legally bound by
these terms. If you do not agree, do not use the
PlanetDINING.com website.
PlanetDINING.com is under no circumstances liable for any
loss or damage arising from use of the website and does not
warrant that it is error free, without defects, bugs or
viruses.
PlanetDINING.com is not responsible for the content of
external websites to which it provides links.
All images and graphics used on PlanetDINING.com are
subject to copyright law. You may not copy or store on a
computer any item other than for personal, non-commercial use.
PlanetDINING.com reserves the right to edit written
submissions and to refuse to publish submitted content which
it considers to be illegal, offensive or defamatory.
PlanetDINING.com reserves the right not to publish pictures
or text of low quality.
When a contributor submits a picture, it will be understood
that by doing so, the contributor confirms she/he posses the
legal rights to that picture.
While the rights of submitted pictures remain with the
legal copyright holder, contributors agree to grant
PlanetDINING.com a permanent royalty-free right to use the
picture on its website.
PlanetDINING will store personal information in compliance with the laws of the State of Virginia applicable
to agreements executed and performed wholly within the State
of Virginia. It will not disclose data except in circumstances
where it is obliged to do so or permitted by law.
PlanetDINING.com will not pass email addresses to anyone or
any organisation for use in mailing lists.
PlanetDINING will send occasional news and information only
if the registrant specifically requests it.
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Contact: Steve Mehraban
stevem@planetbillboard.com
Date Posted -> 07-05-2001
Time Posted -> 07:34:00
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