terms-and-conditions

Please read these Terms carefully and check them regularly as they may change from time to time. 1 About CanGetMe CanGetMe is a marketplace that allows users to offer, sell, and buy goods and services in various geographic locations using a variety of pricing formats. CanGetMe is not a party to contracts for sale between third-party sellers and buyers, nor is CanGetMe a traditional auctioneer. Any guidance CanGetMe provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational, and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, CanGetMe has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items, or that a buyer or seller will complete a transaction or return an item. 2 Using CanGetMe In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not: 2.1 Breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status. 2.2 Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions. 2.3 Manipulate the price of any item or interfere with any other user's listings. 2.4 Take any action that may undermine the feedback or ratings systems transfer your CanGetMe account (including feedback) and user ID to another party without our consent. 2.5 Share your login credentials with any third parties. If you require that authorised third parties (employees, agents, etc.) have access to your account we offer a Multi-User Account Access program for that purpose. 2.6 Create listings, post, or upload content in inappropriate categories or areas on our sites. 2.7 Post false, inaccurate, misleading, deceptive, defamatory, or libellous content. 2.8 Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes. 2.9 Distribute viruses or any other technologies that may harm CanGetMe or the interests or property of users. 2.10 Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of CanGetMe. 2.11 Circumvent any technical measures used to provide our Services. 2.12 Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure. 2.13 Export or re-export any CanGetMe application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions. 2.14 Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to CanGetMe. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to CanGetMe or someone else. 2.15 Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you. 2.16 Commercialise any CanGetMe application or any information, data, or software associated with such application, except with the prior express permission of CanGetMe. 2.17 Harvest or otherwise collect or use information about users without their consent. Sellers must meet CanGetMe's minimum performance standards. Failure to meet these standards may result in CanGetMe charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account. If we believe you are abusing CanGetMe and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. If we believe you are violating our policies prohibiting Offers to buy or sell outside of CanGetMe, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, as provided below in the Fees and Taxes section, if we believe you are violating our policy on buying or selling outside of CanGetMe, you may be charged final value fees. We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion. 3 Fees and Taxes We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or storage Services for items in certain categories, we may also charge those buyers for such supplemental Services. The fees we charge sellers for using our Services to sell goods and services. We may change our selling fees from time to time by posting the changes on the CanGetMe site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. If you are a seller, you are liable for fees arising out of all sales made using some or all our Services, even if sales terms are finalised or payment is made outside of CanGetMe. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of CanGetMe, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of our Services for the introduction to a buyer. You as a seller must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. 4 Listing Conditions When listing an item for sale on our Services, you agree to comply with CanGetMe's Listing policies and Selling practices policy and agree that: 4.1 You assume full responsibility for the item offered and the accuracy and content of the listing. 4.2 Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). CanGetMe can't guarantee exact listing duration. 4.3 Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell, or the listing is ended by you or CanGetMe, in its sole discretion. 4.4 The content you provide complies with all our listing policies, including the Images, videos and text policy. 4.5 Content that violates any of CanGetMe's policies may be modified, obfuscated, or deleted at CanGetMe's sole discretion. We may revise product data associated with listings to supplement, remove, or correct information. We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: buyer's location, search query, browsing site, and history; item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; seller's history, including listing practices, Detailed Seller Ratings, CanGetMe policy compliance, feedback, and defect rate; and number of listings matching the buyer's query. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer. Some advanced listing upgrades will only be visible on some of our Services, CanGetMe's Duplicate listings policy may also affect whether your listing appears in search results. Meta tags and URL links that are included in a listing may be removed or altered. We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers. For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, CanGetMe may require the use of certain payment methods, subject to our Payments methods policy. You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. CanGetMe has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services. CanGetMe may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services, and tools of other CanGetMe. corporate family members or cooperating third-party operators of websites, applications, services, and tools, and Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers. 5 Responsibilities of the seller By listing an item for sale (every new posting), you are making a binding offer to sell that particular item to a buyer who buys it at the offer price you specify and ship the item in accordance with our FAQ as updated from time to time. When a customer purchases an item through our Services, you are contractually and legally bound to deliver that particular item. SELLERS MUST SHIP merchandise within the specified time frame specified in the sales confirmation email and must obtain a receipt from the carrier to confirm that the merchandise has been shipped. It is your responsibility to keep an eye on your inventory and ensure that all listings are accurate, and you must have all required quality certificates for all items. Once an item has been sold, the seller cannot cancel the listing under any circumstances. As a seller, it is your responsibility to ensure that the item you list exactly matches the image on the page and complies with the applicable standard of conditions. If CanGetMe or the buyer reasonably determines that your item is not as described (including but not limited to meeting an applicable standard of conditions) or is of poor quality, then, at CanGetMe's sole discretion, we will charge your payment method a minimum amount up to 15% of the transaction amount. CanGetMe will pay you within a reasonable period of time after the sale is completed, which occurs when the buyer receives the item and has no claims. To get paid faster, ship your items as soon as the item has been paid for. CanGetMe acts solely as an intermediary between sellers and buyers. We are not responsible for the proper performance of the sales contract that you may enter into with the buyer through the platform, except for specific CanGetMe Services. Professional sellers must comply with all laws and regulations applicable to the sale of their products on the CanGetMe marketplace. 6 Obligations of the buyer The Buyer may make a purchase of an item for sale through the Services. When you have paid for an item, you agree to receive that item, you will be responsible for receiving the package and paying all customs fees, duties, taxes and any other related charges in addition to international shipping costs; you will be responsible for complying with all import customs requirements as required. To be an eligible buyer, you must have a billing and shipping address in one of the countries supported by CanGetMe. You can see the full list of these countries in Available countries: Austria, Belgium, Bulgaria, Czech Republic, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Netherlands, Poland, Portugal, Romania, Spain, Switzerland, Sweden, Slovenia, Slovakia which may be updated from time to time. ALL SALES END AFTER THE ITEM IS CONFIRMED AND DELIVERED AND NO REQUESTS FOR REFUND WILL BE ISSUED REGARDLESS OF THE CURRENT PRICE OF THE ITEM. Should there be a problem with an item you have received, you must contact CanGetMe abc@canget.me within 72 hours of receiving the item and we will initiate an investigation into the item. 7 Agreement between user and CanGetMe The CanGetMe website is comprised of various Web pages operated by CanGetMe. The CanGetMe website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CanGetMe website constitutes your agreement to all such terms, conditions, and notices. 8 Modification of these terms and condition CanGetMe reserves the right to change the terms, conditions, and notices under which the CanGetMe website is offered, including but not limited to the charges associated with the use of the CanGetMe website. 9 Links to third party sites The CanGetMe website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CanGetMe and CanGetMe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CanGetMe is not responsible for webcasting, or any other form of transmission received from any Linked Site. CanGetMe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CanGetMe of the site or any association with its operators. 10 No unlawful or prohibited use As a condition of your use of the CanGetMe website, you warrant to CanGetMe that you will not use the CanGetMe Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CanGetMe website in any manner which could damage, disable, overburden, or impair the CanGetMe website or interfere with any other party's use and enjoyment of the CanGetMe website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CanGetMe websites. 11 Use of communication services The CanGetMe website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: 11.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. 11.2 Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information. 11.3 Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights to that or have received all necessary consents. 11.4 Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. 11.5 Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages. 11.6 Conduct or forward surveys, contests, pyramid schemes, or chain letters. 11.7 Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. 11.8 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. 11.9 Restrict or inhibit any other user from using and enjoying the Communication Services. 11.10 Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. 11.11 Harvest or otherwise collect information about others, including email addresses, without their consent. 11.12 Violate any applicable laws or regulations. CanGetMe has no obligation to monitor the Communication Services. However, CanGetMe reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CanGetMe reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever. CanGetMe always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CanGetMe sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CanGetMe does not control or endorse the content, messages or information found in any Communication Service and, therefore, CanGetMe expressly disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized CanGetMe spokespersons, and their views do not necessarily reflect those of CanGetMe. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials. 12 Materials provided to CanGetMe Or posted at any CanGetMe website CanGetMe does not claim ownership of the materials you provide to CanGetMe (including feedback and suggestions) or post, upload, input or submit to any CanGetMe website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CanGetMe, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. CanGetMe is under no obligation to post or use any Submission you may ensure and may remove any Submission at any time in CanGetMe's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 13 Liability Disclaimer We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Update and other notification functionality in CanGetMe's website may not occur in real time. Such functionality is subject to delays beyond CanGetMe's control. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, in no event will CanGetMe (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or CanGetMe was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from: 13.1 The content you provide (directly or indirectly) using our Services. 13.2 Your use of or your inability to use our Services. 13.3 Pricing, shipping, format, or other guidance provided by CanGetMe. 13.4 Delays or disruptions in our Services. 13.5 Viruses or other malicious software obtained by accessing or linking to our Services. 13.6 Glitches, bugs, errors, or inaccuracies of any kind in our Services. 13.7 Damage to your hardware device from the use of any CanGetMe Service. 13.8 The content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items. 13.9 A suspension or other action taken with respect to your account or breach of the Using CanGetMe section above. 13.10 The duration or manner in which your listings appear in search results as set out in the Listing Conditions section above 13.11 Your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. 13.12 Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the CanGetMe Money Back Guarantee up to the price the item sold for on CanGetMe (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) €100. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CANGETME WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CANGETME AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CANGETME WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE CANGETME WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. CANGETME AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CANGETME WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CANGETME AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANGETME AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CANGETME WEBSITE, WITH THE DELAY OR INABILITY TO USE THE CANGETME WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CANGETME WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CANGETME WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CANGETME OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CANGETME WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CANGETME WEBSITE. SERVICE CONTACT: abc@canget.me 14 Termination/access restriction CanGetMe reserves the right, in its sole discretion, to terminate your access to the CanGetMe website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Romania, Bucharest and you hereby consent to the exclusive jurisdiction and venue of courts in Romania Bucharest in all disputes arising out of or relating to the use of the CanGetMe website. Use of the CanGetMe website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CanGetMe as a result of this agreement or use of the CanGetMe website. CanGetMe performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CanGetMe right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CanGetMe website or information provided to or gathered by CanGetMe with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CanGetMe with respect to the CanGetMe website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CanGetMe with respect to the CanGetMe website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. 15 Copyright and trademark notices All contents of the CanGetMe Website are © 2023 CanGetMe and/or its suppliers. All rights reserved. 16 Trademarks The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. 17 Holds and Restricted Funds To protect CanGetMe from risk of liability for your actions as a seller, CanGetMe Payments Entities may restrict access to your funds as described in the Payments Terms of Use. 18 Notices and procedure for making claims of copyright infringement All notices given by you or required under this Terms of Use shall be in writing and addressed to: Bucharest (RO), Ilfov, Sector 1 CanGetMe Customer Service info@canget.me ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

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