AlexWeber.me Terms and Conditions of Use

"The Unabridged Version"

This Agreement was last modified on January 06, 2014.

1. Terms

Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using http://www.alexweber.me ("the Site") operated by AlexWeber.me ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.alexweber.me.

By accessing or using this web site in any manner, including but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

You must be at least 13 years old to use the Site under the Children's Online Privacy Protection Act of 1998 (COPPA) of the United States federal law, located at 15 U.S.C. §§ 6501–6506 (Pub.L. 105–277, 112 Stat. 2581-728, enacted October 21, 1998).
You may not post violent, nude, discriminatory, unlawful, infringing, hateful, or pornographic photos, videos, or other content using the Site.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, AlexWeber.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 AlexWeber.me upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You may not solicit, collect, or otherwise use the login credentials of any other AlexWeber.me user.
You and only you are responsible for keeping your password secret and secure
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Site, including, without limitation, your or any other person's credit card information, social security, or alternate national identity numbers, non-public phone numbers, or non-public email addresses.
You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Site and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post, or display on or via the Site.
You must not change, modify, adapt or alter the Site or change, modify or alter another website so as to falsely imply that it is associated with the Site or AlexWeber.me.
You must not access AlexWeber.me's private API by means other than those permitted by AlexWeber.me. Use of AlexWeber.me's API is subject to a separate set of terms available to those with whom they apply to.
You must not create or submit unwanted email, private messages, comments, likes or other forms of commercial or harassing communications (commonly and collectively known as "spam") to any AlexWeber.me users
You must not use domain names or web URLs in your username without prior written consent from AlexWeber.me
You must not interfere or disrupt the Site or servers or networks connected to the Site, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any AlexWeber.me page is rendered or displayed in a user's browser or device.
You must comply with AlexWeber.me's Privacy Policy, available here: http://www.alexweber.me/legal/privacypolicy.php
You must not create accounts with the Site through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Site and you must not encourage or facilitate violations of these Terms of Use or any other AlexWeber.me terms.
Violation of these Terms of Use may, in AlexWeber.me's sole discretion, result in termination of your AlexWeber.me account. You understand and agree that AlexWeber.me cannot and will not be responsible for the Content posted on the Site and you use the Site at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for AlexWeber.me, we can stop providing all or part of the Site to you.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on AlexWeber.me's web site for personal, non-commercial transitory viewing only, ONLY IF THE UPLOADER HAS EXPLICITLY ALLOWED SUCH ACTIONS. You absolutely may not download any materials, information, or files uploaded by a user that has disallowed such actions on his or her file(s). Using download managers or other software or methods of downloading these files without express permission from the user or administrator of the Site may result in disciplinary action and potential banning and termination of your account. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on AlexWeber.me's web site;
4. re-upload or redistribute any files or other materials to any other person or website, whether public or private, for any purpose unless required by law;
5. remove any copyright or other proprietary notations from the materials; or
6. transfer the materials to another person or "mirror" the materials on any other server.
AlexWeber.me does not claim ownership of any Content that you post on or through the Site. Instead, you hereby grant to AlexWeber.me a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Site, except that you can control who can view certain of your Content and activities on the Site.
You represent and warrant that:

you own the Content posted by you on or through the Site or otherwise have the right to grant the rights and licences set forth in these Terms of Service;
the posting and use of your Content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Site; and
you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

The Site contains content owned or licensed by AlexWeber.me ("AlexWeber.me Content"). AlexWeber.me Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and AlexWeber.me, AlexWeber.me owns and retains all rights in the AlexWeber.me Content and the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AlexWeber.me Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the AlexWeber.me Content.
The AlexWeber.me name and logo are trademarks of AlexWeber.me, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AlexWeber.me. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of AlexWeber.me, and may not be copied, imitated or used, in whole or in part, without prior written permission from AlexWeber.me.
Although it is AlexWeber.me's intention for the Site to be available as much as possible, there will be occasions when the Site may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, AlexWeber.me reserves the right to remove any Content from the Site for any reason, without prior notice. Content removed from the Site may continue to be stored by AlexWeber.me, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, AlexWeber.me encourages you to maintain your own backup of your Content. In other words, AlexWeber.me is not a backup service and you agree that you will not rely on the Site for the purposes of Content backup or storage. AlexWeber.me will not be liable to you for any modification, suspension, or discontinuation of the Site, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that AlexWeber.me is not responsible for, and does not endorse, Content posted within the Site. AlexWeber.me does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
Except as otherwise described in the Site's Privacy Policy as between you and AlexWeber.me, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with AlexWeber.me is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place AlexWeber.me in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of AlexWeber.me, and AlexWeber.me will not be liable for any use or disclosure of any Content you provide.
It is AlexWeber.me's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, AlexWeber.me does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that AlexWeber.me is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
We respect other people's rights, and expect you to do the same.
We provide you with tools to help you protect your intellectual property rights.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by AlexWeber.me at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on AlexWeber.me's web site are provided "as is". AlexWeber.me makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, AlexWeber.me does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALEXWEBER.ME CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ALEXWEBER.ME NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "ALEXWEBER.ME PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE ALEXWEBER.ME CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ALEXWEBER.ME OR VIA THE SITE. IN ADDITION, THE ALEXWEBER.ME PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE ALEXWEBER.ME PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ALEXWEBER.ME PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE ALEXWEBER.ME PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ALEXWEBER.ME PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE. THE ALEXWEBER.ME PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

4. Limitations

In no event shall AlexWeber.me or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on AlexWeber.me's Internet site, even if AlexWeber.me or a AlexWeber.me authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
UNDER NO CIRCUMSTANCES WILL THE ALEXWEBER.ME PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE ALEXWEBER.ME CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ALEXWEBER.ME PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE'S OPERATION; OR (H) 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, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ALEXWEBER.ME PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE ALEXWEBER.ME PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ALEXWEBER.ME PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ALEXWEBER.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 WEB SITE, SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE ALEXWEBER.ME PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SITE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ALEXWEBER.ME PARTIES. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." ALEXWEBER.ME IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on the Site) agree to defend (at AlexWeber.me's request), indemnify and hold the AlexWeber.me Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by AlexWeber.me in the defence of any claim. AlexWeber.me reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of AlexWeber.me.
Except if you opt-out or for disputes relating to: (1) your or AlexWeber.me's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and AlexWeber.me (whether or not such dispute involves a third party) with regard to your relationship with AlexWeber.me, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and AlexWeber.me hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor AlexWeber.me will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if AlexWeber.me is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either AlexWeber.me or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgement on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You agree that any claim you may have arising out of or related to your relationship with AlexWeber.me must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

5. Revisions and Errata

The materials appearing on AlexWeber.me's web site could include technical, typographical, or photographic errors. AlexWeber.me does not warrant that any of the materials on its web site are accurate, complete, or current. AlexWeber.me may make changes to the materials contained on its web site at any time without notice. AlexWeber.me does not, however, make any commitment to update the materials.

6. Links

AlexWeber.me has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by AlexWeber.me of the site. Use of any such linked web site is at the user's own risk. AlexWeber.me has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

7. Site Terms of Use Modifications

AlexWeber.me may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

8. Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ohio, United States, without giving effect to any principles of conflicts of law. Any claim relating to AlexWeber.me's web site shall be governed by the laws of the State of Ohio and of the United States without regard to its conflict of law provisions.

9. Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Contact Us

If you have any questions about this Agreement, please contact us.

Make sure to additionally read and understand the Privacy Policy as well as these Terms of Service.

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