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Terms of Use

Cheers To Me Terms of Use

These Terms of Use cover all of the websites and any associated content, including without limitation, any and all mobile or desktop applications, Apps, email, over-the-top-platforms, streaming services, software, services, RSS and Mobile Services (as defined below) or other materials or services made available on, from, or through websites (collectively, the “Websites”) of Cheers To Me, LLC and its subsidiaries and affiliates (collectively, “Cheers To Me”).  Please read these Terms of Use carefully before accessing any of the Cheers To Me Websites.

These Terms of Use, together with Cheers To Me’s Privacy Policy at https://cheerstome.com/pages/privacy-policy and Cheers To Me’s Copyright Policy, each incorporated herein by reference (Cheers To Me’s Privacy Policy and Copyright Policy are collectively, with these Terms of Use, are referred to herein as the “Terms”), and any other legal notices published by Cheers To Me on the Websites constitute the entire agreement between you and Cheers To Me concerning the Websites.

By visiting any of the Cheers To Me Websites or downloading, installing, or using any Cheers To Me services, you signify your agreement to the terms and conditions set forth in these Terms.  If you do not agree to any of these Terms, including the Cheers To Me Privacy Policy and Copyright Policy, please do not use the Websites.

The Websites are provided, controlled, operated, and administered by Cheers To Me from its offices within the United States of America.  Cheers To Me makes no representation that the Websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.  If you access any Website from a location outside of the United States, you are responsible for compliance with all laws of that location.

These Terms apply to all users of the Websites, including users who contribute User Submissions (as defined below).  These Terms apply to all content and works of authorship, visual interfaces, interactive features, information, graphics, design, compilation, photographs, computer code, API’s, products, software, photographs, services, audio/visual elements, creations, motion pictures, musical compositions, sound recordings, proprietary materials, intellectual property, all other elements of and materials incorporated in, appearing on, or published on, the Websites, trademarks, trade secrets, patents, other intellectual property and/or proprietary material, and all rights therein, of any kind and nature, in any and all media now known or hereafter devised (collectively, “Material”)

Modification of Terms

Cheers To Me may, in its sole discretion, modify, supplement, or revise these Terms at any time.  Unless Cheers To Me makes a change for legal or administrative reasons, Cheers To Me will provide reasonable advance notice before the updated Terms become effective.  You agree that Cheers To Me may notify you of the updated Terms by posting them on the Websites, and that your use of the Websites after the effective date of the updated Terms (or engaging in such other conduct as Cheers To Me may reasonably specify) constitutes your agreement to the updated Terms.  Therefore, you should review these Terms before using the Websites.  The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Websites from that point forward.

The Websites are currently a free service, but Cheers To Me reserves the right to begin charging at any time for use of all or parts of the Websites.  Cheers To Me reserves the right to discontinue any aspect of the Websites at any time. Cheers To Me reserves the right to reclaim usernames that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

User Age Requirements

To use the Websites, you must either be: (a) at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, (b) if you are between the ages of 13 and 18/the age of majority, you must have the consent of your parent or legal or guardian to use the Websites.  If you are under 13 years of age, please do not use the Websites.

Cheers To Me Accounts

You do not need an account in order to access content on the Websites; however, in order to access some features of the Websites, you will have to create an account.  You may be able to create your account using your Facebook, social media, email or other accounts.  Your use of those third party services are governed by the terms of use and privacy policies of those third parties.  Additionally, you may never use another’s account without permission.  When creating your account, you must provide accurate and complete information.  Cheers To Me prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.  You also represent that all information you provide or provided to Cheers To Me upon registration and at all other times will be true, accurate, current, and complete.  You agree to update your information as necessary to maintain its truth and accuracy.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  It is your sole responsibility to protect your password from unauthorized use.  You must notify Cheers To Me immediately of any breach of security or unauthorized use of your account.  You agree that you will not solicit, collect or use the login credentials of other Cheers To Me users.

Although Cheers To Me will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cheers To Me or others due to such unauthorized use.  Cheers To Me will not be responsible for any unauthorized access to, or alteration of, your transmissions of data or any material, information, or data sent to or received from your account, regardless of whether the data is actually received by Cheers To Me.

Mobile Services

Cheers To Me may offer certain services that are available via a mobile device or app, including: (a) the ability to upload User Submissions to the Websites via a mobile device; (b) the ability to browse the Websites from a mobile device; and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“).  To the extent you access the Websites through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier.  Not all Mobile Services may work with all carriers or devices.  By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to Cheers To Me.

Proprietary Rights in the Websites

You acknowledge and agree that the Websites and all Material owned by Cheers To Me, other than the User Submissions, constitute the proprietary and valuable property of Cheers To Me.  All copyright, patents, trademark, trade secrets, or other intellectual property and/or proprietary rights (collectively, “IP Rights”) in the Website and Material constitutes the sole and exclusive property of Cheers To Me, or its licensees.  Any use of the Websites, other than as specifically authorized herein, is strictly prohibited.  Any rights not expressly granted herein are reserved by Cheers To Me.

Some of the characters, logos, or other images incorporated by Cheers To Me on the Websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Cheers To Me (as applicable) or others (collectively, “Trademarks”).  You agree not to use any Cheers To Me Trademarks without Cheers To Me’s written consent.  The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed via the Websites (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Cheers To Me.  Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Cheers To Me Trademarks or Third Party Marks that are used or displayed on the Websites, without the respective owner’s prior written permission in each instance.  All goodwill generated from the use of Cheers To Me Trademarks will inure to the exclusive benefit of Cheers To Me.

Your Use of Material

Your right to use the Cheers To Me Websites and any Material or other content appearing on it is subject to your compliance with these Terms.  All Material is provided to you AS IS.  Modification or use of the Material or other content on Cheers To Me Websites for any purpose not permitted by these Terms may be a violation of the IP Rights therein and is prohibited.

You may access and display Material and all other content displayed on the Websites for non-commercial, personal, entertainment use on a single computer or device only.  The Material and all other content on the Websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Cheers To Me.  If Cheers To Me does authorize you to copy any Material or any part of the Websites, that authorization is subject to your reproducing, keeping intact, and not altering, removing, modifying, or suppressing, all copyright and other proprietary notices.  Using any Material on any other website or networked computer environment is prohibited.  Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Cheers To Me Websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

You understand that, when using the Websites, you will be exposed to Material from a variety of sources, and that Cheers To Me is not responsible for the accuracy, timeliness, usefulness, or IP Rights of or relating to such Material.  You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you had, have, or may have against Cheers To Me with respect thereto.

A.  No Alteration of Website.  You agree not to alter or modify any part of the Websites or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other any means not intentionally made available or provided for through the Websites.  You must not interfere or disrupt the Websites, servers, or networks connected to the Websites, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.  You may not inject content, code or otherwise alter or interfere with the way in which any Cheers To Me page is rendered or displayed in a user’s browser or device.  You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Websites in a manner that sends more request messages to the Cheers To Me servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.  You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use any communication systems provided by the Websites (e.g., comments, email) for any commercial solicitation purposes.  You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.  In your use of the Websites, you will comply with all applicable laws, statutes and regulations.

B.  Your Feedback.  If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Websites, Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and you authorize us to use that Feedback without restriction and without acknowledgment, payment or other compensation to you.  Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.

External Link Disclaimer

Cheers To Me Websites contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories. Some of these sites may not be affiliated with Cheers To Me.

By providing links to other sites, Cheers To Me does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Cheers To Me Website in question.

Cheers To Me does not operate or control and has no responsibility for the information, content, products and/or services found on any external sites.  Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visiting any such external sites is at your own risk.  Cheers To Me encourages our users to be aware when they leave our site and to read the terms of use and privacy statements of such external websites.  Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.

Comments and Discussion Groups

In order to make the Comments and Discussion sections of the Websites interesting and informative for Cheers To Me’s Website users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments or discussions:

i. If a comment is made using your identity or account it, will be deemed to have been posted by you.
ii. Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.

iii. Do not intentionally make false or misleading statements.

iv. Do not offer to sell or buy any product or service.

v. Do not post material that infringes IP Rights or Personal Rights.

vi. Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.

vii. Do not question why a previous comment was removed.

viii. Keep all comments relevant and ‘on topic’ to the particular Cheers To Me Website posting open for comments.

Cheers To Me will not accept responsibility for information posted in the Comments.

If Cheers To Me receives notice that any posting is not in keeping with these Terms or the intended use of the Comments, Cheers To Me may remove that posting and/or any other related postings.

Termination Policy

You may delete or temporarily suspend your account with any Website at any time.  When suspended, your profile will be invisible until you reactivate your account.  If you choose to delete your account, all of your information will be deleted from the Websites and our servers. If your profile is suspended or terminated, Cheers To Me will retain the right to delete or to continue to use and not delete, in its sole discretion, your User Submissions on the Websites and our servers.

Cheers To Me may terminate a user’s account or access to the Websites if, under appropriate circumstances, Cheers To Me determines you violated any of these Terms.  If Cheers To Me terminates your access to the Websites or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Websites.  Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

Cheers To Me reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, or illegal or offensive content.  Cheers To Me may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or bar any further access to such files or the Websites.  Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Websites, may be referred to appropriate law enforcement authorities.

In accordance with the DMCA and other applicable laws, Cheers To Me has adopted a policy of terminating, in appropriate circumstances and at Cheers To Me’s sole discretion, users who are deemed to be repeat infringers.  Cheers To Me may also at its sole discretion limit access to the Websites and/or terminate the accounts of any users who infringe any IP Rights or Personal Rights of others, whether or not there is any repeat infringement.

Disclaimer of Warranties

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK.  THE WEBSITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHEERS TO ME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.  CHEERS TO ME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  CHEERS TO ME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITES OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES OR ANY SITES LINKED TO THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CHEERS TO ME MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS.  CHEERS TO ME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF CHEERS TO ME.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.CHEERS TO ME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES; AND/OR (g) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

Limitation of Liability

IN NO EVENT SHALL CHEERS TO ME, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF CHEERS TO ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  WITHOUT LIMITATION, YOU (AND NOT CHEERS TO ME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.  IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT CHEERS TO ME SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CHEERS TO ME’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY CHEERS TO ME, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY CHEERS TO ME.

Comments, Discussion, Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON CHEERS TO ME WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF CHEERS TO ME OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. CHEERS TO ME DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF CHEERS TO ME. CHEERS TO ME MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION.  ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Indemnification

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, services and their content remains with you.  You agree to defend, indemnify, and hold Cheers To Me, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Websites, User Submissions, Material, Forums or Content; (b) your User Submissions; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your User Submissions caused damage to a third party.  This defense and indemnification obligation will survive these Rules and your use of the Websites.

Jurisdiction, Venue, and Severability

You agree that: the Websites shall be deemed solely based in Texas; and the Websites shall be deemed a passive website that does not give rise to personal jurisdiction over Cheers To Me, either specific or general, in jurisdictions other than Texas.  These Terms will be governed by the internal substantive laws of the State of Texas, without respect to any conflict of laws principles.  Any and all disputes, claims and causes of action arising out of or connected with these Terms or the Websites will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Travis County, Texas and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.  No waiver of any term of this these Terms will be deemed a further or continuing waiver of such term or any other term, and Cheers To Me’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cheers To Me without restriction.

Limitations Period

YOU AND CHEERS TO ME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Last Updated:  August 21, 2016.

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