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Thank you for reviewing our
Terms and Conditions.
Our players must read and
accept this Service Agreement before opening an account. Last Updated December 11, 2008.
TERMS OF USE
BY CHECKING THE "I
ACCEPT" BOX AND REGISTERING FOR THE HEARTLAND POKER LEAGUE ON-LINE
CARDROOM SERVICE, OR BY USING OR ACCESSING THE SERVICE, YOU ARE AGREEING TO ALL
OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF THIS AGREEMENT, YOU MUST SELECT THE "I DO NOT ACCEPT" BUTTON AND
YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.
1. Binding Agreement. By
registering for an account, participating in any tournament, or accessing any
services offered on the Heartland Poker League Service (the
"Service") you agree to be bound by the most current version of this
Agreement. We will post changes to these terms and conditions on our website,
and we encourage you to check the website frequently. Your Heartland Poker League member account
("Account") and all of the tournaments, games, and services at
Heartland Poker League are governed by this Agreement.
1.1. Revisions to
Agreement. If we revise this Agreement, such revision will be effective
five (5) days after we post the new Agreement on Heartland Poker League. You
agree to review the Agreement periodically to become aware of such revisions.
You can view the Agreement at any time by clicking on the Terms of Service link
at the bottom of the Heartland Poker League home page. Your continued use of
the Service five (5) days after a revised Agreement is posted on Heartland
Poker League will mean that you accept all such revisions. If you don't agree
to the changes, or to any of the terms in this Agreement, your only remedy is
not to use the Service and to cancel your Account. This Agreement cannot be
modified on an individual basis by any person affiliated, or claiming
affiliation, with the Service. If any portion of this Agreement is deemed void
or unenforceable, then that provision is to be deemed severable from this
Agreement and will not affect the validity and enforceability of the remaining
provisions.
1.2. Governing Law and
Disputes. Any controversy or claim arising out of or relating to these rules,
terms and conditions, the conduct of any contest, the determination of a
winner, any Prize or any matters in connection with any of the foregoing shall
be settled by binding and final arbitration held in the city of Minneapolis, MN
and administered by the American Arbitration Association in accordance with its
Commercial Arbitration Rules, including the Optional Rules for Emergency
Measures of Protection, and/or its other rules that may be specifically
applicable to the subject mater of the dispute, and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. The Parties agree that they and
their successors and assigns will be bound by the decision of the arbitrator(s)
with respect to any controversy properly submitted for determination. Further, in any such dispute, under no
circumstances will an entrant be permitted to obtain awards for, and hereby
waives all rights to claim, punitive, incidental or consequential damages, or
any other damages, including attorney's fees or other such related costs of
pursuing a claim.
1.3 These rules, terms and
conditions are governed by, and to be construed in accordance with, the
internal laws of the State of Minnesota, and the forum and venue for any
dispute shall be in the city of Minneapolis, MN
1.4 You
agree that any dispute that cannot be resolved between the parties will be
resolved individually, without resort to any form of class action. You further
agree that any legal action arising from any dispute will proceed only in the
state or federal courts located in Minneapolis, Minnesota and to submit to the
personal jurisdiction and venue in such courts for any such action.
2.
Accounts.
The following section describes the requirements and
services provided to members that hold an HPL account. Information collected by
Heartland Poker League is subject to our Privacy Policy, which may be viewed
here: Privacy Policy.
2.1 Registration.
You must provide the following information to register:
i.
Home address
ii.
Legal name
iii.
Email address
iv.
Screen Name
v.
Password
2.2
Eligibility. To have an
account, you must:
i.
be at least 18 years old
ii.
be the individual who is
assigned to the e-mail address submitted
on your account registration form;
iii.
be physically located in a location
that does not place restrictions on your participation; and
iv.
at all times abide by this
Agreement.
2.3
Services. Accounts
provide you access to your player profile, the Heartland Poker League Cardroom,
and the HPL Store where you are permitted to purchase goods and services
through the use of store credit.
2.4 HPL Store. Accounts provide you
access to the products and services for sale in the HPL Store that can be
viewed here: heartlandpokerleague.com/store.
Heartland Poker League Store products
and services may change from time to time without notice.
2.5 Limitations on
Accounts. You may not open more than one Account, and Heartland Poker
League may monitor any effort to establish multiple accounts. If Heartland
Poker League determines that you have opened or may have tried to open more
than one Account, then Heartland Poker League may terminate any or all of your
Accounts. Heartland Poker League may void any Prizes you may have won and any
benefits that may have accrued to you.
2.6 Accounts for
Individual Use Only. You, as the holder of your Account, are solely
responsible for all obligations and, assuming your compliance with this
Agreement, are entitled to receive all the benefits as well. You may not allow
any other person to access your Account, access the Service, accept any
winnings, or participate in any tournament using your Account. Your Account is
not transferable to any other person. You agree to indemnify, defend, and hold
Heartland Poker League harmless from or for any claims, liability, damages,
and/or costs (including attorneys' fees) arising from any use of your Account
by any person.
3. Tournament/Sweepstakes
Rules
3.1. Heartland Poker
League On-line Tournaments are not Gambling. Heartland Poker League is not
a gambling site -- you are never asked to place a bet or risk money on a poker
tournament or any game. The Service and all tournaments are subject to the laws
governing sweepstakes, contests, and promotions, which vary from State to
State. There is no purchase necessary to participate in any the tournaments
available on the Service. See Section 3.4 for an alternative mail-in means of
entry to Tournaments. The Service's tournaments are void if prohibited by the
law in the jurisdiction in which you are playing. You are subject to all laws
of the State or province and country in which you reside and from which you
access Heartland Poker League and you are solely responsible for obeying those
laws. You agree that Heartland Poker League cannot be held liable if laws
applicable to you restrict or prohibit your participation. Heartland Poker
League makes no representations or warranties, implicit or explicit, as to your
legal right to participate in any tournament offered at Heartland Poker League,
and no person affiliated, or claiming affiliation, with Heartland Poker League
has authority to make any such representations or warranties.
3.2. Tournament
Structure. Please go to the following links to review the tournament
structure and payout
3.3 Additional People Not
Eligible
The following people are ineligible to receive any prize offered through the
Service: employees, officers, and directors (and their immediate family
members) of Heartland Poker League, its affiliates, and advertising and
promotional agencies as well as other people with access to non-public
information regarding the operation of any tournament offered on Heartland
Poker League. "Immediate family members" are parents, siblings,
spouses, children, or any other person permanently residing in the same
household with such employee, officer, or director.
3.4 No Purchase Necessary. Mail-In Entry. There
is no entry fee requirement to participate in any Heartland Poker League
On-line tournament. Players may qualify by playing in sanctioned Heartland
Poker League tournaments at participating Heartland Poker League casinos. Please go to the following link to review how
to qualify for the different on-line tournaments www.heartlandpokerleague.com.
A. Players may use the following
alternative means of entry into our
online tournaments:
i.
Register and Download Software. Register at Heartland Poker
League.com download, and install the Heartland Poker League poker software
ii.
Mail-in Entry. For each week you would
like to participate in the weekly freeroll Tournaments, send a 3" x 5" card placed in a #10 envelope
to Heartland Poker League.com, ATTN: Account Validation, 3505 8th St
South 1C., Moorhead, MN 56560, with the following hand-written information:
1. Heartland Poker League
Screen Name;
2. Email Address associated
with Heartland Poker League Account;
3. First and Last Name;
4. Mailing Address (Street,
City, State, ZIP Code and Country)
5. Date of Birth;
6. Specify the dates of
the week of on-line tournaments you would like to play. The requested dates
must be no later than 30 days from date of the postmark on the letter, and no
earlier than 10 days from that date.
7. Each 3" x 5"
card must be an original. No copies, reproductions or facsimiles will be
accepted. Heartland Poker League will not be responsible for late, lost,
stolen, misdirected, illegible, incomplete or postage-due.
8. No more than four mail-in
entries over a month-long period will be accepted; and you may not send more
than one entry in a single envelope.
9. The odds of winning
prizes will be no different for mail-in entrants as compared with all others
3.5 Prizes
A.
HPL Store Credit can be used exclusively
at the Heartland Poker League store at heartlandpokerleague.com/store. HPL store credit holds no cash value
and cannot be transferred to another account.
B. Claiming Prizes. Heartland Poker League
will credit your account with the appropriate HPL store credit within 48 hours
of tournament ending. You can use your
HPL store credit to purchase items in the HPL Store on-line. Shipping of items purchased will be at the
sole cost of HPL.
C. Taxes. In compliance with
United States Internal Revenue Service regulations, any person who wins and
purchases more than $600 (USD) at Heartland Poker League store in any given
year must complete an IRS Form W-9. Heartland
Poker League will send an IRS Form 1099 or other appropriate form to such
person. If a person does not provide a signed W-9, HPL reserves the right to
hold prizes until the form is completed and returned. Depending on the
jurisdiction in which you reside, Heartland Poker League may also send you
additional similar tax forms. You remain solely responsible for paying all
federal and other taxes in accordance with the laws that apply in your state,
province, and/or country of residence.
D. Chances of Winning. The chances of winning a
prize will vary depending on the number of entries in the particular tournament
and the relative skills of the several entrants.
E. List of Winners. A list of winners is
available upon request to Heartland Poker League.
3.6 Tournament
Operation and Fair Play.
A. Game Play. The Service tournaments
are governed by the rules of No-Limit
Texas Hold'em Tournaments.
B. Fair Play. Your play in each
tournament is governed by the following standards of conduct. If you break any
standard, then you will be disqualified from the tournament, and your Account
may be suspended or terminated.
i.
No Automated or Programmed Participation. Any attempt to
participate in any tournament at Heartland Poker League by means of automatic,
macro, programmed, or similar methods, or to otherwise commit fraud with regard
to the tournaments, may result in active pursuit of civil litigation and/or
criminal prosecution, termination of your Account, and forfeiture of all prizes
to which you might otherwise be entitled.
ii.
No Software Modifications. You may not attempt to
modify, decompile, reverse-engineer or disassemble the Heartland Poker League
Software in any way.
iii.
No Collusion. Collusion between
players by sharing hole cards or by any other methods is strictly forbidden.
Because collusion is a violation of this Agreement, Heartland Poker League may
suspend or terminate your Account if you engage, or attempt to engage, in
collusion, notwithstanding the effect of such an attempt. Heartland Poker
League may, in addition to other measures, restrict seating or prohibit players
from playing at a particular poker table or in a tournament, including
restricting two or more players from playing together at the same table or in
the same tournament.
iv.
No Chip-Dumping. Chip-dumping occurs when
a player intentionally loses a hand for the purpose of deliberately
transferring his chips to another player. Heartland Poker League may suspend or
terminate your Account if you engage in chip-dumping.
v.
"No-Shows" are not Eligible to
Win.
If you are registered for a tournament, but do not log in and play a hand in
the first 30 minutes of that tournament (becoming a "No-Show" at the
end of that 30-minute period), you will be disqualified from the tournament.
Players that are disqualified are not eligible to win a prize.
vi.
Other. If Heartland Poker
League determines that you have engaged or attempted to engage in fraudulent,
unlawful, dishonest or improper activity while using Heartland Poker League,
including without limitation, engaging in any of the activities set forth above
or any other game manipulation, Heartland Poker League may take such action as
it sees fit, including immediately suspending, or terminating your Account, or
taking legal action against you.
C.
Right to Cancel. If Heartland Poker
League determines, in its sole discretion, that operating or concluding a
tournament is not feasible for any reason, including without limitation, any of
the reasons set forth in this section, then Heartland Poker League may cancel
such tournament
i.
Technical Issues. If technical
difficulties compromise the integrity or ability to continue registration or
play, Heartland Poker League reserves the right to terminate the tournament.
ii.
Computer, Internet, or Other Technology
Failures or Errors. Heartland Poker League is not responsible for any error,
omission, interruption, deletion, defect, or delay in operations or
transmission; theft or destruction or unauthorized access or alterations to the
Service, computer transmissions, or for technical telephone equipment,
electronic, hardware or software, network, Internet, or computer malfunctions
of any kind; or inaccurate transmission of, or failure to receive information
by Heartland Poker League on account of technical problems or traffic
congestion on the Internet.
iii.
User's Technology. Heartland Poker League
is not responsible for technical, hardware or software failures of any kind,
lost or unavailable network connections, or failed, incomplete, garbled or
delayed software transmissions that may limit your ability to participate, or
damage your system as a result of participation, or downloading any information
necessary to participate in the tournaments.
iv. Minimum Players. Heartland Poker
League reserves the right to terminate or cancel a tournament if such
tournament does not have the minimum number of users registered to participate.20 players minimum for Weekly National Championships.
3.7 Rules
Interpretation. This Agreement, the official rules, and enforcement of the
standards of conduct, will be interpreted in Heartland Poker League's sole
discretion, and all determinations made pursuant to these rules by Heartland
Poker League are final and binding.
3.8 Limitation of
Liability. Heartland Poker League
is not responsible for: (i) any condition caused by events beyond its control
that may cause the Service to be disrupted or corrupted; (ii) any printing or
typographical errors in any materials associated with the Service or the entry
process; (iii) any software or technical errors or bugs associated with the
Service.
3.9 Release. Each
participant agrees to release and hold Heartland Poker League, its parent,
subsidiaries and affiliated companies, and the employees, officers, directors,
shareholders, agents representatives of Heartland Poker League its parent,
affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and
legal advisors, harmless from any and all losses, damages, rights, claims and
actions of any kind in connection with the Service, the entry process, and claims
based on publicity rights, defamation, or invasion of privacy.
3.10 Sponsor: Heartland Poker League, LLC is the Sponsor of
the Heartland Poker League On-line Cardroom.
Its contact information is: 3505 8th St South 1C., Moorhead,
MN 56560, Telephone 218-359-0063.
4. Ownership and
Intellectual Property Rights
4.1. Heartland Poker League Owns the
Service. You acknowledge that all information contained at
Heartland Poker League may be protected, in all forms and media, by one or more
valid copyrights, patents, trademarks, trade secrets, or other proprietary
rights, and that all such rights are owned by Heartland Poker League or its
licensors. You may not modify, publish, participate in the transfer or sale of,
create derivative works from, or in any way exploit this information, except as
permitted by law, such as under fair use. While we use reasonable efforts to
include accurate and up-to-date information, Heartland Poker League makes no
warranties or representations as to its accuracy. Heartland Poker League does
not assume any liability or responsibility for any errors or omissions in the
content of the Service.
4.2. Feedback and User Communication. Any
communication or material you transmit to Heartland Poker League by electronic
mail or otherwise, including any data, questions, comments, suggestions, or the
like, is and will be treated as, non-confidential and non-proprietary. Anything
you transmit or post may be used by Heartland Poker League or its affiliates
for any purpose, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and posting. Furthermore, Heartland Poker
League is free to use any ideas, concepts, know-how or techniques contained in
any communication you send to Heartland Poker League for any purpose whatsoever
including, but not limited to, developing, manufacturing and marketing products
using such information, without any additional compensation to you.
4.3. Trademarks. The
trademarks, logos, and service marks (collectively the "Trademarks")
displayed on the Service are lawful trademarks of Heartland Poker League or
others. Nothing contained on the Service should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any trademark
displayed on the Service without the written permission of Heartland Poker
League or such third party that owns the trademark displayed on the Service.
Your misuse of any trademark displayed on the Service, or any other content on
the Service, except as provided in this Agreement, is strictly prohibited. You
are also advised that Heartland Poker League will aggressively enforce its
intellectual property rights to the fullest extent of the law, including but
not limited to, the active pursuit of criminal prosecution or civil litigation
where appropriate.
5.
Rules of Conduct for Chat, Message Board,
and User-Provided Content (Avatars). The following
rules of conduct apply to all user communications, chat, and user-provided
content (avatars) functionality on Heartland Poker League. Heartland Poker
League reserves the right to temporarily or permanently ban users and cancel
the account of users who violate these rules of conduct, or who in any way
abuse the community purpose of the chat areas. Heartland Poker League may
remove any posts or other content for any reason.
5.1. Profanity, obscenities, or
the use of **asterisks** or other "masking" characters to disguise
such words or to avoid automatic censoring functions of the Service, are not
permitted.
5.2. Obscene, lewd, slanderous,
pornographic, abusive, violent, insulting, indecent, threatening and harassing
language or content of any kind will not be tolerated.
5.3. You may not make
statements that could unfairly influence the play of any tournament.
5.4. You may not type words,
characters or phrases that make it difficult for others to use the chat
feature.
5.5. Screen Names may not
impersonate other player Screen Names.
5.6. Opinions or comments on
the subject at hand are welcomed, but attacking (flaming) individuals,
companies or products is not allowed.
5.7. No advertising or
promotion of other companies, or links to third party sites is allowed.
5.8. Do not share personal
information (your name, phone number, home address, password) with others on
the site.
5.9. Do not use copyrighted
materials (images or text) if you do not have permission of the owner of such
materials.
5.10. Information disclosed in
the Service chat areas, message boards, or other features is revealed to the
public. Heartland Poker League is not responsible for any information you
choose to disclose to others.
5.11. Any attempt to gain
unauthorized access to the Service's systems or any Account, interfere with
procedures or performance of the Service, or deliberately damage or undermine
the Service is subject to civil and/or criminal prosecution and will result in
immediate termination of your account and forfeiture of any prizes to which you
are otherwise entitled.
6. Limitation of Liability.
YOU AGREE THAT HEARTLAND POKER LEAGUE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS,
OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE
SERVICE. YOU FURTHER AGREE THAT HEARTLAND POKER LEAGUE IS NOT LIABLE FOR ANY
DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SERVICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT HEARTLAND
POKER LEAGUE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY
DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES
ARISING FROM USE OF THE SERVICE.
7. No Warranty. ALL GOODS
AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE
HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
Thank you for
reviewing our
Privacy Policy.
Your online safety is of
utmost importance to us.
This is Heartland Poker League's Privacy Policy, which is effective as of October
9, 2008, and describes how Heartland Poker League collects and uses information
from the Heartland Poker League Service and the Heartland Poker League website.
Heartland Poker League respects the privacy rights of our users and recognizes
the importance of protecting the information collected about you. Heartland
Poker League uses your data to administer your account, provide information of
interest to you, and to communicate with you. Heartland Poker League stores
your data in the United States, and our use of your data is subject to this
privacy policy. This Privacy Policy may be amended from time to time. Any such
changes will be posted on this page. If we make a significant or material
change in the way we use your personal information, the change will be posted
on this page thirty (30) days prior to taking effect and registered users will
be notified via e-mail. If you have any questions regarding the Privacy Policy,
or wish to contact us, please send an email to support@heartlandpokerleague.com.
Types of Information
Collected
Personally Identifiable
Information
Personal information is information that identifies you
and may be used to contact you on-line or off-line. Heartland Poker League
collects personal information from our online visitors during account
registration, or through sign-ups at participating HPL casinos.
Information collected will vary depending upon the activity and may include
your name, e-mail address, phone number, home address, and birth date. For
purposes of verifying your identify in case you are a prize winner, we may ask
for a copy of photo identification, and social security number (for tax
purposes). The photo identification and social security number will be used
solely for verification of your identity and for tax purposes. In addition, we
may collect demographic information such as gender, zip code, software,
platform, Internet IP address and connection, information about your use of the
Service such as tournaments played, game play statistics, user rankings and
click paths and other data that you may provide in surveys or online profiles.
We may combine demographic information with personal information, such as email
address, to tailor our offerings or web pages to your preferences or interests.
Prize winners may also be required to provide Social Security or other tax
identification numbers for tax purposes.
Aggregate Information
We may store non-personally identifiable information that
we collect through log files to create a profile of our users in the aggregate.
Log files record internet protocol (IP) addresses, browser types, internet
service provider (ISP), referring/exit pages, platform type, date/time stamp,
and number of clicks which we will use to analyze trends, administer the
Service or Heartland Poker League website, track aggregate service and usage
patterns, and gather broad demographic information for general use. Your
individual usage cannot be tracked through aggregate data.
Online Chat Rooms and Profiles
You may choose to disclose information, including
personal information, about yourself through chat functions, message boards,
screen name profiles for public view, or in similar forums on the Service.
Information that you disclose through these features is public information, and
there is no expectation of privacy or confidentiality there. You should be
aware that any personally identifiable information you submit there can be
read, collected, or used by other users of those features, and could be used to
send you unsolicited messages. We are not responsible for the personally
identifiable information you choose to submit through these features. Please
see our Terms of Service on this point and for other guidelines about posting
content on the Service.
How We Use the
Information
Account Maintenance and
Transactions
We use your personal information to maintain your Heartland
Poker League account and to provide the Service to you. In addition, the
personal information you provide will allow us to alert you to new products,
features and enhancements; special offers; upgrade opportunities; and events of
interest. We may send you electronic communications about the Service or your
Account.
Statistical Analysis
Heartland Poker League may perform statistical,
demographic and marketing analyses of users, and their usage patterns, for
product development purposes and to generally inform advertisers about the
nature of our user base.
Products and Services
from Third Parties
You may opt in to allow Heartland Poker League to share
your personal information with companies and organizations that provide
products or services that we believe may be of interest to you. We see this as
a value-added service helping you to find useful products or services. We
strive to limit use of the information you provide to those offers that we
think you would appreciate receiving. You may opt-out of receiving these offers
by changing this option in your Account settings. To opt out of further
communications from a marketing partner or sponsor with whom your information
has been shared while you had opted-in to receiving such communications, please
contact that partner directly.
Changing or Updating Your
Information
You can correct or update your account information at any
time by logging into the Service and going to your account. Should you be
unable to log in or wish to have your account deactivated contact support@heartland
pokerleague.com. We will be happy to review, update or remove information as
appropriate. We may still retain your information in our files however, to
resolve disputes, enforce our terms of use, and due to technical and legal
requirements and constraints related to the security, integrity and operation
of the Service and our websites.
Security
The security of your personal information is important to
us. We follow generally accepted industry standards to protect the personal
information submitted to us, both during transmission and once we receive it.
When you enter sensitive information on
our registration or order forms, we encrypt that information using secure
socket layer technology (SSL). No method of transmission over the Internet, or
method of electronic storage, is 100% secure, however. Therefore, while we
strive to use commercially acceptable means to protect your personal
information, we cannot guarantee its absolute security. If you have any
questions about security on our Web site, you can contact support@heartlandpokerleague.com.
Public Data
Your participation in tournaments or other public online
events, is conditional upon you agreeing to us collecting, using, storing,
transmitting and publicly displaying statistical data (such as your scores,
rankings and achievements) generated through your participation.
COPPA Compliance
Heartland Poker League does not knowingly collect or
store any personal information, even in aggregate, about children under the age
of 13.
Compliance with Legal
Process
We may disclose personal
information if we are required to do so by law or we in good faith believe that
such action is necessary to: (1) comply with the law or with legal process; (2)
protect and defend our rights and property; (3) protect against misuse or
unauthorized use of our the Service or Heartland Poker League web sites; or (4)
protect the personal safety or property of our users or the public (among other
things, this means that if you provide false information or attempt to pose as
someone else, information about you may be disclosed as part of any
investigation into your actions).
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