Terms of Service

Last updated: May 28th, 2019.

This agreement is between you (the “User” or “you”) and Digital Prezence, LLC. (“Digital Prezence”, “we” or “our”). We provide Users with access to our platform that enables Users to create and manage our Services (as defined below).

These services can be provided through personalized account management processes, interaction services or content (collectively, the “Services”) through http://www.digitalprezence.com or any of Digital Prezence’s associated Online Platform (the “Site”) or directly from Digital Prezence and its representatives.

By inputting any details, initiating a Service within our Site you confirm your obligation to comply with our Terms of Service, Privacy Policy and any other guidelines posted on the Site. For the sake of clarity, the Digital Prezence’s Privacy Policy serves as an integral part of this agreement.

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms of Service and any other provisions and/or terms and/or otherwise between Digital Prezence and you, the provisions and the terms of these Terms of Service will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

  1. Our Services

    1. SmartPost –  Digital Prezence’s SmartPost service is an all in one content curator, post scheduler and managed instagram account. In addition to our featured Growth service benefits, Digital Prezence offers SmartPost to further alleviate the pains associated with growing your instagram account. Through this service, Digital Prezence has developed a protocol to further customize and optimize your account for you. Digital Prezence requires clients to receive permission to repost their content. During the onboarding process, clients are told to make sure the accounts listed grant them specifically or their audience permission. Digital Prezence is not liable for our clients if they have not been granted appropriate permission.

    2. Instagram Growth Management –  Digital Prezence’s Instagram Growth service consists of utilizing proven strategies, algorithms and analytics to grow your social presence. All management services are tailored towards your specific goals and aspirations. Our Account Management team will be a strong support mechanism for you throughout the duration of you servicing period. Digital Prezence’s satisfaction stems from empowering you to gain a following and grow your brand.

    3. Influencer & Brand Marketing – Digital Prezence will coordinate and assist in the execution of influencer and brand related marketing. You are legally bound to not share confidential relationships and negotiated terms associated with each transaction. All information provided to you and purchased from Digital Prezence is not available for resale.

    4. Social Media Data Provider – Digital Prezence will provide publicly available data regarding social media business accounts. We Plan to seel this data to agencies or brands requesting pertinent contacts to their existing or desired line of business. You are responsible of the sold data and provided information and are legally bound to not resell the information purchased from Digital Prezence.

    5. Website Development –  Digital Prezence provides website development services tailored towards each client’s needs. Digital Prezence will negotiate fees associated with each client based on the level of service needed as determined by Digital Prezence.

    6. Third Party Management Resources – You can use purchased Services outside of the Site, whether for commercial or personal purposes. Prior to creating and using any Service offering, Digital Prezence highly recommends you perform due diligence to determine that the use of the Services is free of any adverse claims and is not subject to any third-party rights. Digital Prezence can also use symbols provided by The Noun Project, a third-party content provider that obtains the symbols from other third-party contributors. All use of these Symbols is AT YOUR OWN RISK. You will abide by all copyright notices, trademark rules, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Resources not owned by you: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third-party right. You acknowledge that some fonts and symbols used during our Service engagement can be licensed from a third-party provider. Under no circumstances will Digital Prezence be liable in any way for any Services, including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any Materials or any part thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Service, including, without limitation, the existence of any third-party rights that can exist in such resources.

    7. Information – Throughout the use of the Site by the User, Digital Prezence can request the User to input information or answer questions in order to create a personalized experience with our Services. Digital Prezence can use this information as detailed in Digital Prezence’s privacy policy available at https://www.digitalprezence.com.

    8. Use of Digital Prezence Branding – All of Digital Prezence branding that appears throughout our Site, as well as trademarks and service marks, logos, slogans and taglines, are the property of Digital Prezence. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site which are the property of Digital Prezence (the “Materials”). Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this agreement.

  2. Accessing your account

    1. Account Access – During our Service engagement, we will provide you with an access credentials to a personal account on the Site (the “Sign-in” and/or “Account” log-in), thereby allowing you access to your service offerings using one computer at a time through the Site. By opening up an account you agree to receive communication from Digital Prezence regarding your Account, including email messages about your experience with our service, and features you can use. You can opt out from this communication from your Account.

    2. Account Information – You agree to fully and accurately provide the information requested by us when setting up your Account and to regularly update such information. Your failure to do so can result in the cancellation of your Account and loss of previously purchased and/or future Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure that all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this agreement.

    3. Product Information – Throughout the our Service engagement you will be providing information to better personalize your Service level, and you are legally responsible for all information that is used to create your social media account growth. Digital Prezence is not responsible for the content you provide neither as to the Service engagement nor as to the Account. You are solely responsible for the accuracy and appropriateness of all data and content of your social media account(s), logos and brands; including name, taglines and details. Digital Prezence will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that Digital Prezence can decide not to maintain copies of files featuring these designs and can decline at any stage a request to change information.

    4. Hosting – You hereby grant Digital Prezence a worldwide, royalty-free, non-exclusive license to host your experience as a Case Study created and warrant that you have all the rights necessary to grant us such license. You are responsible for any content on your user account and/or social media account that can be lost or unrecoverable through your use of the Services. You are encouraged to back up your posted content regularly and frequently.

    5. By selecting and purchasing our Instagram Growth services, you are agreeing to Digital Prezence terms. Therefore, you are allowing Digital Prezence’s account management team to create a Gmail account for you and change the email to your Instagram Account. Additionally, you are permitting Digital Prezence to delete your phone number tied to your account (if applicable).

      1. Rational: When we try to log into your Instagram account to set up our processes using our growth algorithm, it may suspect a “unknown login attempt”. We need to confirm using the code sent to this email. Digital Prezence always has the convenience of their clients at mind. This is a way to ensure a smooth onboarding experience!

  3. User responsibilities

    1. Legality of Activity – You accept your sole responsibility for all of your activities using our Site, including content you submit or share via Digital Prezence provides you services. You will not use our Services for any illegal purpose. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. Digital Prezence can determine in its sole discretion whether or not an Account is in violation of any of its policies. Violation of any of these policies can result in User information tracking with such information being stored to identify the offending user. Offending User can be permanently restricted from holding an account or using the Services. If Digital Prezence reasonably determines that your social media Account(s) or User Account to our SIte is being used for illegal or fraudulent activity, then your Account can be immediately terminated. We can also report you to law enforcement officials in the appropriate jurisdictions.

    2. General – In addition, you agree to all of the following:

      1. You hereby confirm that you are at least 18 years of age and will not use Digital Prezence Services for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.

      2. You will not access the Services through automated fashions or use the Services if you are located in a country embargoed by the U.S. or are on the U.S. Treasury Department’s list of Specially Designated Nationals.

      3. You will not imply or claim that you are affiliated with or endorsed by Digital Prezence without our express written permission.

      4. You will not access the Services or the Account by any means other than through the interfaces provided by Digital Prezence and you will not attempt to or actually override or sabotage our security. In addition you will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Digital Prezence infrastructure.

      5. You agree that Digital Prezence will not be responsible for any loss or damage of any sort, directly or indirectly, incurred as a result of using or clicking any third-party links appearing on our Site.

      6. You are not allowed to create Services using Digital Prezence that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.

  4. Fees and Taxes

    1. General – Certain Digital Prezence Services can be subject to payment of fees, one-time or subscription, as determined by Digital Prezence in its sole discretion and notified in relation to such Services (“Fee(s)” or “Paid Tool(s)”). If you wish to use these Paid Tools or use any of Digital Prezence’s Service offerings outside of the Site, whether for commercial or personal use, you are required to pay all applicable and respective Fees in advance. If you purchase any Services that we offer for a Fee, you agree to Digital Prezence or our third-party service providers, storing and updating your payment card information. You expressly agree that we are authorized to charge you (i) the stated Fee, (ii) any other Fees for Services you can purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts.

    2. Fee Changes – You understand that additional Services that can be introduced in the future can be subject to additional fees. You further acknowledge and approve that Digital Prezence reserves the right to change its Fees at any time, at its sole discretion, upon notice to you if such change affect an existing subscription you own. If you received a discount for a subscription fee, or any other promotional offer for a subscription fee, Digital Prezence will have the right to renew your subscription automatically and without notice at the full applicable Fee.

    3. One Time Fee & Refunds – One-time Service fees are non-refundable. If a User has reason to believe that User was charged on error, User can provide a written notice to our Customer Support and request to cancel User Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of seven (7) days from the Fee payment date, and only if the Service(s) associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the Digital Prezence Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the Digital Prezence platform.

    4. Subscription Fee & Refunds – If you are dissatisfied with any Digital Prezence Service subject to a Subscription Fees, whether monthly or annual, you can cancel your subscription and provide our Support team with a written request for a refund within seven (7) days of having paid the initial Fee (“Subscription Refund Period”) as long as no Analytics or Information created using the Service have been downloaded or used outside the platform prior. If you are a customer residing in a jurisdiction that requires a different Refund Period, we will be happy to accommodate these requirements in accordance with applicable laws. If Digital Prezence’s customer support team receives the refund notice during the Subscription Refund Period, you will be refunded with the amount you paid for the Service and Digital Prezence will cancel these Services accordingly. After the Subscription Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a Service associated with the Fee has already been downloaded or used outside of the Site, whether for commercial or personal use, and/or that the notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and used, we reserve our right to charge the User who provided such notice for any Digital Prezence Services actually received, as permitted by law.

    5. Taxes and Currencies – All Fees on the Digital Prezence Platform will be deemed to be in U.S. Dollars, except when and as specifically stated otherwise in writing by Digital Prezence. You have full and sole responsibility for all taxes and fees of any nature associated with our fees and services, including any sales tax related to the purchase or sale of Service and/or the Subscription. When buying Services and/or Subscriptions, it is your responsibility to decide whether or not sales taxes apply to a sale and to collect, report and remit the correct amounts to the appropriate authority. Digital Prezence will not be liable for any taxes or other fees to be paid in accordance with or related to the Service and/or Subscriptions. Any tools provided in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to the purchase or sale of Service and/or Subscriptions. Digital Prezence can be required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT will be charged to these customers on top of our Fees if applicable.

    6. Subscription Renewals – In order to make sure that you will not experience interruption or trouble in Digital Prezence’s subscription services due to cancellation lapse of any subscription period, Digital Prezence will try to automatically renew all applicable Subscription Service before it is expired for a renewal period that is equal in time to the original subscription period and/or the updated renewal period we have had on file for you, for such Service, annual or monthly, and automatically charge and collect you the applicable Fees using the payment method you have on file with Digital Prezence (“Renewal Period”). In order to insure no interruptions or loss of services, Digital Prezence reserves the right (but will not be obligated) to collect and charge for the upcoming renewal period up to one (1) week prior to such Renewal Period commences. In the event that Digital Prezence fails to collect the Fees owed by the User, we can, in our sole and absolute discretion (but will not be obligated to), try and recollect at a later time, or/and block or cancel your User Account, with no further notice. Without derogating any of the foregoing, The User will be solely responsible to ensure a successful renewal of the Digital Prezence Services they use. Accordingly, the User will hold the sole for any discontinuation of any Digital Prezence Services previously purchased by them, including due to a cancellation and/or failure to collect the applicable Fees, or due to any Digital Prezence Services not being under our automatic subscription renewals feature. The User acknowledges and agrees that they will not have any claims and/or demands against Digital Prezence with relation to a discontinuation of any Digital Prezence Services or Third Party Services associated with Digital Prezence, for whatever reason.

    7. Chargebacks – If the User decides to contact User bank or credit company, or reject the charge of the payable Fees (“Chargeback”), the action will be considered a breach of the User fee payment obligations, and their use of the Digital Prezence Services can be automatically suspended and/or terminated. In such case, Digital Prezence reserves the right to block the User Account without any option to repurchase or re-use it, and any end files and/or data contained in such User Account, including any unfinalized or finalized Designs. Access to the User account will not be regranted until the User pays any applicable owed Fees in full. If the User has any questions or concerns regarding a fee payment collection or attempt made by Digital Prezence, we encourage you to first contact Digital Prezence’s Customer Support team before filing a Chargeback. Digital Prezence reserves its right to dispute any Chargeback received, and provide the relevant credit company, financial institution or bank with any information proving that the User is responsible for the Chargeback and did authorize the transaction to Digital Prezence.

    8. Design Vouchers- From time to time, and at its own discretion, Digital Prezence can offer “Discounts”. Such Discounts allow the Customer to purchase Services for a discounted price (“Discount Redemption”). Such Discounts can also include an expiration date that would allow the Customer to utilize them after the date they were initially purchased (“Discount Expiration Date”). Discounts will not be redeemable after the Discount Expiration Date and Digital Prezence will not offer a Refund for any Unused Discounts after the Discount Expiration Date. All Discount fees are non-refundable. If a User has reason to believe that User was charged on error, User can provide a written notice to our Customer Support and request to cancel User Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of seven (7) days from the Fee payment date, and only if the Services associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the Digital Prezence Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the Digital Prezence platform. When utilizing a Discount after the date it was initially Purchased, the Customer acknowledges that the contents and names of Services, Bundles, and Subscriptions can change over time and therefore not match the ones originally offered. In such instances the Customer is encouraged to contact Digital Prezence. Digital Prezence, at its discretion in accordance with its TOS, will supply the Customer with an Service of similar retail value or offer a refund.

    9. Account Credit- From time to time, and at its own discretion, Digital Prezence can offer Account Credit to reward or compensate Users for actions such as referring other Users to the Site and the Service (“Account Credit”). Such Account Credit can only be used to reduce the prices of Services on the Site and cannot be counted towards any transactions outside the Site (“Account Credit Redemption”). Earned Account Credit from making such referral will expire after twelve (12) consecutive inactive months. An inactive month is a month without an invoice billing event. Account Credit will not be redeemable after the Expiration Date. At no case will Digital Prezence offer any Refund or Compensation for any Unused Account Credit. When utilizing Account Credit, the Customer acknowledges that the contents and names of Services, Bundles, and Services can change over time and therefore not match the ones originally offered on the Site.

  5. Termination Policy

    1. Cancellation by Digital Prezence – These Terms of Service will remain in full force and effect at any time while you use Digital Prezence’s Platform or our Services or Services. We can suspend or terminate your rights to use our Services (including the Account and Services) at any time at our sole and absolute discretion, including, without limitation, for any use of the Site or Services in violation of this agreement. You understand that any termination of your Account can involve deletion of your Account, all information related thereof, and the Services associated therewith from our live databases.

    2. Cancellation by User – You can decide to stop and request to cancel your Subscription Services at any point in time. The effective date and time for this cancellation will commence the moment you have issued the cancellation request. The effective date for cancellation of Subscription Fee will be at the next Renewal Period. Such subscription will be canceled only upon the expiration of the respective period for which you have already made payment for. Please know that as Digital Prezence’s cancellation process can take some time, in order to avoid your next respective charge, your cancellation request should be made at least ten (10) business days before to the expiration of the then-current Subscription period.

  6. Other

    1. Disputes – Any formation or interpretation of this agreement and any disputes arising from it will be governed by the substantive and procedural laws of the State of Israel. The exclusive jurisdiction and venue for actions related to the subject matter hereof will be the courts located in Tel Aviv Israel, and you hereby submit to the personal jurisdiction of such courts

    2. Indemnification – You hereby agree to indemnify, defend and hold harmless Digital Prezence and each of its respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the Digital Prezence Services, Services, designs or Site, including, without limitation, all claims relating to your use of your Account, logo, branding kit or Design Resources.

    3. Changes to this agreement – We can, from time to time, modify parts of this agreement. In such case, we will release a notice on our Site or send an email to our registered Users. Since such notices can be overlooked, we encourage you to frequently check this page for any changes. Your continued use of or access to the Services following the posting of any changes to this agreement constitutes acceptance of those changes.

    4. Phone Calls – All phone calls with a Digital Prezence employee can be recorded for quality assurance and can be used for customer support improvement and training purposes at the discretion of Digital Prezence. Digital Prezence will keep all recordings private within Digital Prezence and will contact any client if their recordings are being use. Digital Prezence is obligated to alert clients of recording usage except when abiding by law.

    5. Privacy – Please review our Privacy Policy for any concerns regarding your privacy.

    6. Misc. – If we do not enforce any part of this agreement, it will not be considered a waiver and if any portion of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

  7. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

OUR SITE, SERVICES AND MATERIALS, AND/OR ANY OTHER CONTENT OR PRODUCT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF Digital Prezence SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Digital Prezence, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. Digital Prezence MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND SITE WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST Digital Prezence, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. Digital Prezence WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE WILL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, AS WELL AS ANY BUGS, VIRUSES, TROJAN HORSES THAT CAN BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Digital Prezence PLATFORM. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Digital Prezence IS NOT LIABLE FOR USER 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 THE USER. Digital Prezence WILL NOT BE IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Digital Prezence WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. Digital Prezence DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR BRANDS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MAKE ANY REPRESENTATIONS THAT THE OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE Digital Prezence SITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER Digital Prezence NOR ITS THIRD-PARTY CONTENT PROVIDER ARE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF Digital Prezence (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND OUR DESIGNS.

Customer Support

For any questions regarding these Terms of Service, feel free to contact our customer service.

© 2019 by Digital Prezence

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