Terms of Use and Sale
Date of version: 20 January 2020
Thank you for visiting this website (“Site”).
The Terms of Use and Terms of Sale below ("Terms") apply to your use of the Site and to any contract between us for the sale of products and/or provision of services to you via the Site. To the extent that the Terms of Sale conflict with the Terms of Use, the Terms of Sale shall prevail.
Please note that we may change these Terms from time to time without notice so you should review them each time that you visit the Site to ensure you understand the terms which will apply at that time. You should print a copy of these Terms for future reference.
TERMS OF USE
By using the Site, you indicate that you have read and accept these Terms of Use and agree to abide by and be bound by all such Terms. If you do not accept all applicable Terms of Use, please refrain from using the Site.
We draw your attention to the limitations on liability contained in clause 12 below and to the consents to data transfer and processing contained in clause 10 below.
9 Intellectual Property Rights
16 Jurisdiction and applicable law
1 About us
The Site is operated by Macmillan Education Limited with a registered office at The Campus, 4 Crinan Street, LONDON, N1 9XW, United Kingdom, VAT number GB199440621 ("we", "us", "our").
2 Contacting us
2.1 You can contact us following the instructions found on the ‘Help’ page on the Site.
2.2 We respect the intellectual property rights of others, and we request that our visitors do the same. It is our policy to terminate the accounts of users who repeatedly infringe the rights of others. If you think your work has been copied in a manner that constitutes copyright infringement, you may contact us at help@macmillan.com. Please include all of the following in your notification:
2.2.1 A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2.2.2 a description of the copyrighted work you claim has been infringed;
2.2.3 a description of where the material you claim is infringing is located on the Site;
2.2.4 your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
2.2.5 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
2.2.6 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3 Using the Site
3.1 Users, whether or not registered, must be over 12 years of age. If you are under 16, you must first obtain the consent of your parent or guardian to use or register with the Site. We reserve the right to seek any form of verifiable parental consent as we believe appropriate at any time.
3.2 Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site or part of the Site without notice. We will not be liable or responsible if for any reason any or all of the Site is unavailable at any time or for any period.
3.3 Use of the Site requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest versions of required software (including, but not limited to, Bluefire Reader and/or Adobe Digital Editions) may be required for certain transactions or features and to download products purchased from the Site. You agree that these requirements, which may change from time to time, are your responsibility.
3.4 We may update the Site from time to time, and may change the content at any time. Please note that any of the content on the Site may be out of date at any time, and we are under no obligation to update it.
3.5 You may view (and, where applicable, listen to and/or watch) the content and applications available on the Site for your own private non-commercial use. You must not use or allow others to access or use, all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission. Use of all or any part of any Site or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.
3.6 You may occasionally print individual pages of the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trade marks, copyright notices and trade mark notices are not removed.
3.7 From time to time we may restrict access to some parts of the Site, or to the entire Site, to users who have registered with us. You must not otherwise alter, adapt or reverse engineer any part of the Site.
3.8 You must not (whether directly or indirectly):
3.8.1 distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or in any way seek to commercialise all or part of the combination of materials which together constitute the Site;
3.8.2 distribute, transmit, syndicate, sell or offer to sell or otherwise make available any content, files, feeds or data from the Site, whether publically available or not, except as specifically permitted by the Site and in compliance with any applicable conditions or restrictions; or
3.8.3 copy, download, or store any content, files, feeds or data from the Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material where you are able to show ‘fair dealing’ with it, in each case in accordance with the Copyright, Designs and Patents Act 1988.
3.9 You may only play video or audio files made available for streaming using the media player on the Site or on the website of one of our licensees who is displaying such material with our authorisation. Where any videos or other materials are displayed through a third-party embedding service you must comply with all applicable conditions of that third party.
3.10 You should be aware that content and resources may be removed from the Site with or without notice at any time and we accept no responsibility or liability for any reliance by you on the continued availability of any content or resources on the Site.
3.11 Whether or not you are a registered user, you must not abuse the Site’s social media and rating facilities (or any similar feature) (such as, without limitation, by making malicious reports).
3.12 You are solely liable and responsible for any third-party charges incurred by you in accessing and using the Site, including in particular any network charges for fixed or mobile internet use.
3.13 In the event that we offer downloads of software on the Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial home use only subject to any additional terms and conditions which may apply to your use of such software. We do not transfer title to the software to you.
4 Linking
4.1 You may establish a link to the Site, provided that:
4.1.1 the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
4.1.2 such linking is not for advertising or promotional purposes (unless we have expressly agreed to it);
4.1.3 the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity (websites of any such nature being referred to as an "Unacceptable Forum");
4.1.4 the link does not falsely or misleadingly imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents; and
4.1.5 framing of the Site on any other website is not allowed and you must not provide access to the Site or part of it under any other URL.
4.2 We may withdraw your right to link to the Site without notice and at any time (acting in our sole discretion).
4.3 Subject to these Terms of Use you may only include links on the Site to third party websites or webpages if:
4.3.1 the third party website is not an Unacceptable Forum, and the content of or linking to such third party websites or webpages does not breach any of the provisions set out in clause 6.67;
4.3.2 the terms of use of such websites or webpages allows such linking;
4.3.3 links are clearly and visibly marked as such;
4.3.4 the content of any linked website or webpages are relevant and clearly related to the Content (as defined in clause 6) to which it is linked; and
4.3.5 the link will not result in any automatic download.
4.4 Where the Site and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
5 Registration
5.1 Where you are required to register to use the Site or part of the Site, it is your responsibility to provide accurate and complete registration details and to keep such details up to date. We are entitled to rely on any such registration details you provide to us.
5.2 Unless stated otherwise, each registration is for a single user only and not for multiple users. You must keep your registration details confidential. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.
5.3 Your registration with the Site must be in your own, real, name, not under any false or assumed name and not with any other person’s identity. You must not pretend to be a different person. You must provide a valid email address when you register for the Site. If you provide an email address to us then you warrant to us that you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without prior notification.
5.4 You are responsible for everything done using your registration details. You must not disclose your login details to any other person. If you think that another person may have access to, or be using, your registration details, you must inform us immediately.
5.5 We may suspend, terminate or prevent your account and/or your access to any or all of the Site at our sole discretion. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit any content, material or applications without our prior written consent.
5.6 You may terminate your registration at any time by emailing help@macmillan.com (please include the words "please delete my Macmillan eBook store account" in the subject line).
5.7 For the avoidance of doubt, where we suspend, terminate or otherwise prevent your account or your access to the Site, we may continue to publish or use your Content (as defined in clause 6) in accordance with the provisions of these Terms of Use.
6 Your Content
6.1 The Site may offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information ("Content"). You retain ownership of any intellectual property rights that you hold in the Content.
6.2 You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms of Use. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
6.3 It is our sole discretion whether or not we choose to publish or otherwise make available Content on the Site.
6.4 For the avoidance of any doubt, you acknowledge and agree that we may:
6.4.1 continue to publish all or part of your Content even if you change your mind and want us to remove it and/or you are no longer registered with the Site, subject to applicable laws;
6.4.2 remove your Content at our sole discretion (even if you have not breached these Terms of Use).
6.4.3 use all or part of your Content in promoting our products and services;
6.4.4 reproduce your trade marks, trade names, service marks, logos, domain names or other identifying signs or images;
6.4.5 publish and/or distribute widgets and other applications similar to yours and bearing our or another user's branding or logo without any liability or responsibility to you;
6.4.6 modify your Content in any way at our sole discretion.
6.5 You acknowledge that we are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit.
6.6 By uploading or submitting Content to the Site, you warrant and represent that (subject to the following sentences) you are the sole author of and owner of all proprietary rights in the Content. If the Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms of Use, including its publication on the Site concerned and the right of visitors to the Site to download the Content, including such third-party material. You further warrant that you have attached all third-party copyright or proprietary notices which you are required to attach.
6.7 You warrant and represent that your Content, and the content of any website from which you include a link to the Site, or to which you post a link from the Site, will not be inappropriate. Without limitation, Content (and the content of third-party websites) may be considered inappropriate if:
6.7.1 it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
6.7.2 it is defamatory, plagiarised (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
6.7.3 it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by you;
6.7.4 it prejudices any active or pending legal proceedings of which you are aware;
6.7.5 it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
6.7.6 it infringes any intellectual property rights proprietary to us or any third party;
6.7.7 it is technically harmful (including Content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm us or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
6.7.8 it advertises or promotes any product or service or makes any requests for donations or financial support;
6.7.9 it is spam or junk content;
6.7.10 it impersonates another person or otherwise misrepresents your identity, affiliation or status;
6.7.11 it would be considered a criminal or statutory offence in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
6.7.12 it is in breach of these Terms of Use.
6.8 You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Site.
6.9 You must not attempt to gain unauthorised access to the Site, the server on which the Site is hosted or any server, computer or database connected to the Site or to attack the Site via a denial of service attack or by any means other than through a normal web browser in the generally-accepted manner, and in accordance with these Terms of Use. By breaching the provisions of this clause, you may be committing a criminal offence. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use the Site shall immediately and automatically cease.
6.10 Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been rejected or removed.
6.11 You shall compensate us in full for all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of this clause 6.
7 Third party content
We are not liable or responsible for any third party content on the Site. Third party content includes, for example, comments, blogs and articles posted by any third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.
8 Your account and passwords
8.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in accordance with clause 2 of these Terms.
9 Intellectual Property Rights
For the avoidance of doubt, we are the owner or the licensee of all intellectual property rights in the Site. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
10 Your personal information
In addition to these Terms of Use, please read the Privacy Policy and Cookie Policy carefully as it governs our collection and use of information about you, and states that we may collect your information in the UK and transfer it to companies within our group (including companies based outside of the UK and Europe). By using our Site, you consent to us obtaining, holding, processing and transferring your data as set out in the Privacy Policy and Cookie Policy.
11 Interactive Services
11.1 We may from time to time provide interactive services on the Site, including (without limitation) chat rooms, bulletin boards and other forums ("interactive services").
11.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
11.3 We are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these Terms of Use, whether the service is moderated or not.
11.4 You acknowledge that the interactive services are for public and not private communications. We cannot guarantee the security or privacy of any information you choose to disclose through any of these media and you make such disclosures at your own risk. If you see something which you reasonably believe breaches these Terms of Use, please use the relevant 'Report this Comment' facility. If there is no such facility available, please contact us by emailing help@macmillan.com.
11.5 The use of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
11.6 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
12 Our liability
12.1 The provisions of this clause 12 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with the Terms or your use of the Site generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
12.2 The information and material contained on the Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement. You should check any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked.
12.3 Save as expressly provided in these Terms, we make no representations or warranties with respect to the Site or its content or any products made available via the Site. All warranties (express or implied) are hereby excluded to the fullest extent permitted by law.
12.4 Nothing in the Terms excludes or limits our liability
12.4.1 for death or personal injury caused by our negligence;
12.4.2 for fraud or fraudulent misrepresentation;
12.4.3 for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
12.4.4 for breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
12.4.5 for defective products under the Consumer Protection Act 1987; or
12.4.6 for any other liability that cannot be limited by applicable law.
12.5 To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for:
12.5.1 loss of or corruption to data;
12.5.2 loss of profit;
12.5.3 loss of anticipated savings;
12.5.4 loss of anticipated revenue;
12.5.5 loss of business;
12.5.6 loss of opportunity;
12.5.7 adverse effect on reputation and/or goodwill; or
12.5.8 any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.
12.6 Without prejudice to the generality of the exclusions of liability contained in this clause 12, we shall not be liable to you if you cannot access the Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (including without limitation the performance of any internet service provider, the performance of any internet browser, limitations of the device you use to access the Site and/or any malicious or unintentional harm done by yourself or others).
12.7 We shall have no liability to you for any loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Content, material or other information or data from or on the Site, or for any use of or reliance on any Content on the Site.
12.8 Whilst we monitor the Site with a view to locating and fixing defects, you acknowledge and agree that we cannot and do not guarantee that the Site or any individual feature of the Site will be error free, be available at all times and/or be free from viruses and defects. We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
13 Maintenance of the Site
You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Site while we:
13.1.1 fix defects and errors in the Site;
13.1.2 install updates and undertake general diagnosis and maintenance of the Site; and
13.1.3 undertake emergency maintenance and/or suspend access to the servers,
and that as a result of which the Site may be less accessible or unavailable to you from time to time.
14 Severance
If any court or competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms shall not be affected.
15 Variation
We may revise the Terms at any time by amending the page on which the relevant Terms appear. You must check the page of the Site where the Terms appear, from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on the Site, including without limitation in the Terms of Sale.
16 Jurisdiction and applicable law
Please note that these Terms are governed by English law. This means that a contract for the supply of products or services through our Site and any dispute arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
TERMS OF SALE
The Terms of Use together with these Terms of Sale apply to any contract between us for the supply of Products to you via the Site. Please read the Terms carefully before placing an Order with us for any Products. By placing an Order, you signify your agreement to be bound by the Terms.
In these Terms of Sale, the following words shall have the following meanings:-
Code: any valid code purchased by you or provided to you by your institution which on redemption provides access to the applicable Products.
Contract: any contract made between you and us for the supply of Products.
Order: your order to purchase or subscribe for any Products.
Products: any content supplied by us in digital form which is made available to you via the Site for Purchase or for a Subscription.
Purchase: any purchase of a license to download, use and display a Product for personal and non-commercial use without time restrictions and to store a copy of the Product on up to the authorized number of compatible personal devices.
Redemption Request: your request to redeem a Code.
Subscription: any purchase of a subscription to access Products during the authorised subscription period.
By placing your Order or Redemption Request, you agree that you wish for the supply of the Product to begin immediately following our confirmation of your Order or Redemption Request. Your further agree and acknowledge that you lose your right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or any equivalent EU legislation) once the supply of the Product has begun.
1. How the Contract is formed between you and us
1.1 The Site will guide you through the steps you need to take to place an Order or Redemption Request with us.
1.2 Our Order process allows you to check and amend any errors before submitting any Order to us. Please take the time to read and check your Order at each page of the Order process.
1.2 After you place an Order or Redemption Request, you will receive an email from us confirming acceptance of your Order or Redemption Request. The Contract between us will only be formed when we send you this confirmation.
1.4 If we are unable to supply you with a Product, for example because that Product is no longer available, we will inform you of this by email and we will not process your Order or Redemption Request. If you have already paid for the Product, we will refund you the full amount charged as soon as possible and the Contract shall be cancelled.
1.5 You may only purchase Products from the Site if you are at least 16 years old.
2. Your rights – Subscriptions only
2.1 If you purchase a Subscription, you can access the relevant Products for the period specified for that particular Subscription. Please refer to the FAQs for details of the applicable subscription periods.
2.2 If we discontinue any Product made available under a Subscription purchased by you, we will contact you to let you know how to cancel the Contract if you are not happy with the discontinuance. If you opt to cancel the Contract, we will refund you the full amount charged as soon as possible.
3. Your rights - purchase of Products only
You understand and agree that the Products are sold to you by way of a license only. We do not transfer title to the Products to you and this license shall not be considered a “sale” of the Products. You own the media on which the Products are recorded, if any, but we retain full and complete title to the Products (whether on any fixed media or otherwise). This non-exclusive, revocable and personal license gives you the right to use and display each purchased Product for your personal and non-commercial use and to store a copy of the Product on up to three (3) compatible personal devices.
4. Your rights - general
4.1 You may not:- (i) copy (save as expressly provided in these Terms of Sale), redistribute, sell, rent, lease, transfer or sublicense the Products; (ii) circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Products are wrapped or otherwise associated with; (iii) edit, modify, translate or create derivative works or adaptations of the Products; (iv) decompile copy, reproduce, reverse engineer or disassemble the Products (other than to the extent permitted under applicable law); or (v) operate the Products from a network or mainframe system unless with our prior written consent.
4.2 Your licence to use the Products automatically terminates if you fail to comply with any provisions of this license.
5. Payment
5.1 The prices of the Products and the Subscriptions will be as quoted on the Site at the time you submit your Order and are inclusive of VAT or any other sales tax, if applicable. Prices for our Products and Subscriptions may change from time to time but changes will not affect any Order you have already placed or any purchased Codes. The prices of the Products and Subscriptions include delivery costs.
5.2 You can pay for Products and Subscriptions via the Site using a debit card or credit card registered to your account and payment will be made via our third party payment service provider subject to their terms and conditions. We accept the cards specified on the relevant pages of the Site.
5.3 If you have a Code, you are required to register with us and use the Code in order to access the Products. The Code can only be used once. Please refer to the FAQs for instructions on how to redeem your Code.
6. Delivery
6.1 Delivery of an Order shall be completed when we first grant you access to the Product.
6.2 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by anything in these Terms.
7. Other important terms
7.1 We may transfer our rights and obligations under these Terms to other members of our group of companies but this will not affect your rights or our obligations under these Terms.
7.2 Any Contract is between you and us. No other person shall have any rights to enforce any of its terms.
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