TERMS AND CONDITIONS
Please read these terms and conditions and our privacy policy carefully found
at: spacegames.fun the
“Agreement”).
The Agreement and the Privacy Policy are jointly referred to as (the “Agreements”). We strongly recommend you
print them out and read them in their entirety or alternatively a hard copy is
available on written request to us using the Customer Service contact details
specified below at the end of this Agreement.
The Agreements are legally binding and set out the terms and conditions
upon which you may access and use the service via our web application: “Service URL”(the “Web App”). The Agreement
also explains how we may use your personal information, but our Privacy Policy
will provide you with more information. By accessing this Web App you agree to be bound by this Agreement.
We recommend that you check this Agreement on each visit to this Web App. If
you do not wish to be bound by this Agreement, you may not access or use the
Web App and/or the Service (as defined below) and should exit immediately.
You represent and warrant that you possess the legal right and ability to enter
into this Agreement and to use this Service (as defined below) in accordance
with all terms and conditions herein. You promise to us you are old enough to
enter legally binding contracts and you know you will be responsible for all
payments due to us for the Service (as defined below), whether it is used by
you or another person using your personal information.
If you do not agree with any terms and conditions of this Agreement,
then you should cease using this Web App and exit immediately. Please note that
in some jurisdictions there are obligatory provisions in the consumer
legislation that may be relevant to Service (as defined below) provided under
this Agreement.
YOU ACCEPT
THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ AND ACCEPT THIS AGREEMENT
BEFORE USING THE SERVICE OFFERED.
1. INTRODUCTION
Atheer Telecom Iraq Limited (“Zain
Iraq ه”),
a company duly registered in Iraq having its principal place of business at
27/35/915 Al-Jadriya
, Baghdad, Iraq. Zain Iraq has been authorised to act as
licensee of Net Media Mobile-2616870 Ontario Inc. in Iraq which provides a vast
amount of mobile contents (the “Content”)
for a flat daily subscription fee on your supported mobile device accessed via
the Web App (the “Service”).
THE SERVICE IS AVAILABLE AS A DAILY SUBSCRIPTION OF 300 IQD PER DAY (“FEE”), WHICH WILL BE CHARGED DIRECTLY
TO YOUR PREPAID MOBILE PHONE CREDIT OR MONTHLY ZAIN IRAQ BILL, ON A CONTINUOUS
BASIS UNTIL YOU UNSUBSCRIBE USING ANY OF THE FOLLOWING WAYS: A) BY CLICKING ON
A LINK IN THE FOOTER OF WEB APP AND FOLLOWING THE INSTRUCTIONS TO “UNSUBSCRIBE”
OR B) BY SENDING AN SMS WITH THE WORDS “013” TO
4086 AFTER
SUBSCRIPTION OR C) BY CONTACTING OUR CUSTOMER CARE TEAM USING THE CONTACT
DETAILS NOTED AT THE BOTTOM OF THIS AGREEMENT.
Please call our
helpline noted at the bottom of this Agreement without hesitation should you
have any questions regarding any aspect of our Service.
In this Agreement references to “we”,
“us”, “our” and any similar expression shall include the Zain Iraq and any
of its affiliates. This Agreement is to be entered into between the customer “you” and Zain Iraq.
2. EFFECT OF THIS AGREEMENT
2.1 By agreeing to
this Agreement and/or by continuing to use the Service you are bound by the
entirety of this Agreement as well as any rules governing the Web App or any Content
provided to you on or via the Service. If there are any inconsistencies between
any rules on the Web App and this Agreement then the terms of this Agreement
shall prevail.
2.2 Subject to Clause 2.3 below, we reserve the right to make any amendments to
the Agreements. We encourage you to review the Agreement available on our Web App:
“Service URL”, which is updated periodically. Your continued use of the Service will
be deemed to be your acceptance of any changes to the Agreements (as
applicable). If the modified Agreements are not acceptable to you, your only
recourse is to cease using the Service. For further details on cancellation
please see the customer service section below.
2.3 Any change to our prices, Service upgrades or migration, charging policy or
policy relating to disclosure of your personal information will require your
prior written consent in order to become applicable to you.
2.4 Any rights not specifically granted herein are reserved by us.
4. YOUR REPRESENTATIONS
4.1 By seeking to
subscribe to the Service, accessing and/or using the Service you hereby confirm
to us that at all such times you:
a) are resident in Iraq and it is your
main residence;
b) are aged 18 (eighteen) years or over;
c) are of sound mind and capable of taking responsibility for your own actions;
d) can enter into a legally binding agreement (you are not legally barred from
doing so for any reason) and you are the person whose details are provided in
connection with your subscription to the Service ;
e) are acting on your own behalf (as principal) and not on behalf of anyone
else;
f) are the authorised owner of the mobile device which you provided when you
completed subscription to the Service ;
g) you are located in a jurisdiction in which subscription and access to and
use of the Service is not unlawful or
contrary to any applicable laws or regulations. It is your responsibility to
ensure that this is not the case.
4.2 Persons in breach of this Agreement are not entitled to access or
use the Service and could be committing fraud and be subject to criminal
prosecution.
4.3 You cannot use the Service unless you have first completed the subscription
to the Service (please see details in the section titled “Subscription”).
4.4 You hereby warrant to us that all information provided in your subscription
to the Service and all personal data provided to us is complete, true and
accurate and not misleading and that you will notify us immediately of any
change.
4.5 You undertake to access and/or use the Service for legitimate and personal
entertainment purposes only.
4.6 You undertake to abide by all applicable laws and regulations when using
the Service and to be solely responsible for all matters arising from your use of
the Service.
4.7 You undertake not to use the Service in any way which might infringe any
rights of any third party or give rise to a legal claim against us by any third
party;
4.8 You undertake not to damage, interfere with or disrupt access to the Service
or do anything that may interrupt or impair its functionality (nor assist,
encourage or permit any other person to do so).
4.9 You undertake not to obtain or attempt to obtain unauthorised access
through whatever means to the Service or any part of it (nor assist, encourage
or permit any other person to do so).
5. THE SERVICE
5.1 The Service is
not aimed at children. By granting your child permission to use the Service,
you agree to the terms and conditions of the Agreements on behalf of your child.
You are responsible for monitoring and supervising your child's use of the
Service. If your child is using the Service and does not have your permission,
please contact us immediately (please scroll down to the bottom of the
Agreement to the section titled Customer Service) so that we can disable his or
her access.
5.2 The Service can be accessed via the Web App/Native App: via “Service URL”
Service Description
Service: Web App
Service Access: “Service URL”Price: 300 IQD
Payment Period: Per Day
Termination: “013” to 4086
via Web App portal, or by calling the Customer Care 107
5.3 To access the Service you must ensure that your mobile device is
compatible with the Service and that it is correctly configured for use. For
Android devices, please find a list of those which support Flash Player:
6. SUBSCRIPTION
6.1 Before you are able to fully access the Service you will be required to
subscribe to the Service in one of the following ways:
By clicking on an advertising
banner and following the instructions noted on the subsequent pages to:
i.
click on the button e.g. “SUBSCRIBE
NOW” and then the “CONFIRM”
button to complete your subscription; or
ii.
by visiting the Web App directly and following the instructions to subscribe
to the Service. Once your subscription to the Service is complete you will be
able to use and/or access the Web App.
iii.
Upon completion of the subscription to the Service, we will confirm by
SMS text message to the mobile number which you provided, that you have
successfully subscribed to the Service.
6.2 The subscription fee/charges for the Service
are always mentioned at the point of purchase i.e. at the commencement of
subscription period or on the date of accessing the Service.
6.3 Following subscription to the Service you will be provided with
access to the Service as applicable via “Service URL”for the Web App.
6.4 Transactions made using your registered mobile number are accepted by us on
the understanding that you are authorised to register this mobile number and to
access and/or use the Service. If your mobile phone is used by anyone other
than yourself, we will accept no liability for the consequences or costs
incurred from such misuse, or for the loss, theft, and misuse of your User Data
(as defined below).
6.5 You agree to be solely responsible at all times for all access and/or use
of the Service. You are responsible for keeping all your user identification
details e.g. your full name, address (email and/or postal), mobile number/MSISDN
(mobile station integrated services digital network number and other personal
information (“User Data”)
confidential. You are also responsible for ensuring that all persons who access
the Service through your internet connection are aware of this Agreement and
are in full compliance with its terms.
You also agree to inform us immediately (our contact details are provided in
the Customer Service section below) if you believe that your User Data is being
misused by a third party so that we may suspend your subscription to the
Service.
6.6 We reserve the right to disable any User Data whether chosen by you
or allocated by us at any time if in our sole opinion you have failed to comply
with any of the provisions of this Agreement.
6.7 We reserve the right to ask for proof of age documentation and evidence to
verify your identity at any time (including any third party, which may keep a
record of such information). We reserve the right to conduct checks against any
of the details provided to us and to pursue this information through any
channels and methods available to us. Failure to provide substantiated proof of
age or other requested information will result in the suspension or termination
of your subscription to the Service.
6.8 We reserve the right to refuse, suspend and/or terminate your subscription
to the Service immediately and without consulting or notifying you or giving
you reasons in the event that you publish, cause the publication of and/or send
via the Service any actual or potentially defamatory, offensive or obscene
language or material or if you breach, or are suspected of any breach of this
Agreement, any applicable law, regulation, code or request of Zain Iraq and/or regulators or should we deem it in our
and/or other customers best interests to do so.
6.9 It is your sole responsibility to ensure that at all times you comply with
all laws and regulations with respect to the Web App and/or Content made
available through the Service in any jurisdiction where you are located or are
a resident and that you have a complete and unrestricted legal right to
subscribe to the Service, access and/or use the Service in whole or part.
6.10 Use of the Service will be closely monitored to ensure that no customer is
using the Service with a frequency or in a manner which might suggest that he
or she is using it except solely for personal use or is using it on behalf of
others, and we reserve the right to suspend and/or terminate the access to the
Service if we consider or suspect that the Service is being used in this way.
6.11 If any of your User Data or other information relevant to your subscription
to the Service change you must inform us immediately by contacting us using the
contact information provided in the customer service section below.
7. SUBSCRIPTION CHARGES
7.1 You may access the Service after subscription and paying the
subscription 300 iq The Service is mobile subscription service costing 300 IQD
per day (exact price for future users may vary, depending
on the existing campaign at the time of joining, but will not be higher than 300
IQD per day) and your subscription will automatically renew on a daily basis until
you unsubscribe in one of the following ways: a) by clicking on a link in the
footer of Web App and following the instructions to “unsubscribe” or b) by
sending an SMS with the words “013” to 4086 after[NS1] subscription or
c) by contacting our customer care team using the contact details noted in
section 12 below. You will be provided with an exact Fee quote at the point of
purchase, as described above.
7.2 Our Service offers you unlimited access to the Content via the Web App
while you remain subscribed to the Service. You will pay the price detailed
above by charging the purchase to your monthly account or prepaid account
provided by the Zain Iraq. The subscription Fee shall become due at the end of
the specific subscription period while you are subscribed to this Service
irrespective of whether or not the Web App is actually accessed during any
particular subscription period.
7.3 Your contract for the Service is with the Zain Iraq. Zain Iraq will simply
charge the amount directly to your bill or prepay account. Once this charge has
been authorised by you must pay Zain Iraq the amount charged. You are therefore
wholly responsible for checking that you are happy with the price and the
Service before making a purchase commitment.
7.4 All 300 iq stated and/or otherwise communicated
to you are Exclusive of value added tax or similar taxes (“VAT”) (where applicable).
7.5 You can access the Service until you send “013” to 4086 at any time to unsubscribe from the
Service. For further details on cancellation please see the Customer Service
section below.
7.6 If you dispute any payment made, you must contact us immediately and
provide full details of your claim, using the Customer Service details stated
in section 12 below.
7.7 If you owe any amount under or relating to this Agreement, we may
suspend or withdraw the provision of Service to you. You will be able to access the Service for 48 (forty-eight) hours after
the first billing attempt fails, after which the Service may be restricted or
deactivated.
7.8 If the payment for each day you are subscribed fails, we will
attempt to take the payment for a period of 30 (thirty) days, before
automatically cancelling your subscription and privileges (an SMS message will
be sent to you to confirm this).
7.9 No refunds will apply for early abortive Content or termination of
the Service following a payment period.
8. ACCESS AND USE OF THE SERVICE
8.1 In order to access and/or use the Service follow the information shown on
your device’s screen to complete Subscription.
8.2 Any use of the Service by you is on an "as is" and an "as
available" basis. You agree and accept that the Service is not a
fault-free service and is for your own personal use and shall not be used for
commercial purposes.
8.3 Your contract with us will be null and void if we discover or suspect that
you have in any way interrupted, deviated, tried to manipulate the outcome or
tampered with any part of the Service.
8.4 We reserve the right to change the format of the Service, the Web App
or the Content that we offer, in whole or in part, in order to enhance them,
correct any defects or provided upgrades from time to time. We reserve the
right to record all telephone calls made to us and to monitor all information
relating to the Service for which purposes you consent in accordance with the
regulations promulgated by the Communication and Information Technology
Regulatory Authority (CMC) of IRAQ.
9. VIRUSES, HACKING AND OTHER OFFENCES
9.1 You must not attempt or encourage the misuse of the Service by introducing
viruses, Trojans, worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorised access to
the server on which the Service is stored or any server, computer or database
connected to the Service. You must not attack the Service via a
denial-of-service attack (“DoS”) or
distributed denial-of-service attack (“DDoS”).
9.2 By breaching Clause 9.1 above, you would commit a criminal offence under
the Law No. 63 of 2015 on Combating Cyber Crimes (as well as any amendments,
re-enactments which may be made to such laws from time to time). We will report
any such breach to the relevant law enforcement authorities and we will
co-operate with those authorities by disclosing your identity to them. In the
event of such breach, your right to use the Web App and the Service will cease
immediately without notice to you or any liability to us.
9.3 We will not be liable for any loss or damage caused by the DoS, DDoS,
viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your
use of the Service or to your downloading of Content, or other material posted
on or via the Service.
10. SPECIAL PROMOTIONS
10.1 We may from time to time run promotions including free news and/or content
which is free to access, award prizes and provide you with marketing or
promotional materials if you have completed your subscription to the Service
and opted in to receive such information from us.
10.2 The rules of entry or access to any promotions will be displayed on the
Service and may sometimes be restricted only to a first-time user. For the
purposes of this Agreement, a ‘first time user’ is a customer who has not
subscribed to the Service before.
11. SECURITY POLICY
11.1 We will not rent, sell or share your personal details to or with third
parties. However, we may pass on your details to relevant authorities or
regulators if we and/or they wish to investigate or assist in the investigation
of any suspected or alleged fraud or abuse of the Service and/or the Web App or
if we are required by law to do so.
11.2 All information received by us from your use of the Service shall
be used in accordance with our Privacy Policy, which is available on the Web App
(a link to our Privacy Policy is provided above) and which we encourage you to
review as it details how we may process your User Data. By using the Service,
you consent to us processing your User Data. It is your responsibility to
update and maintain the accuracy of that information and we are entitled to
rely on any information you provide us with.
11.3 If we have reason to believe that there has been or is likely to be a
breach of security or any other misuse of the Service, we may suspend and/or
terminate your subscription to the Service.
11.4 We are not obliged to monitor, detect or report any unauthorised use of
the Service and you shall be solely responsible for all use of the Service made
by you or anyone else using your User Data, for preventing unauthorised use of
your User Data and/or mobile device and you
are liable for all user charges that are incurred as a result of any such
unauthorised use.
11.5 If you believe there has been any breach of security such as the
disclosure, theft or unauthorised use of your User Data or mobile device you
must notify us immediately by e-mailing us at: [email protected]
12. CUSTOMER SERVICE
We hope that you are pleased with the Service and that you will never have
reason to complain - but if there is something you are not happy with we would
like you to tell us about it so that we can try to put matters right. Should you wish to make a complaint with
respect to the Agreement or the Service please contact us by emailing or
writing to the postal address as follows:
Customer Service:
Helpline: 107
Email:
[email protected]
A copy of our
Complaints Procedure will be sent to upon request by you or in the event that
you submit a complaint to us.
Cancellation:
You are free to cancel your subscription at any time by following the
instructions below:
To unsubscribe send “013” to 4086, or by calling the helpline noted
above.
Your subscription
to the Service can also be terminated anytime by clicking on to the unsubscribe
option and following the instructions via the account section of the Webb App
portal.
13. OUR LIABILITY
13.1 The following provisions at Clauses 13.1 -
13.8 set out all our liability to you
(including any liability for acts and/or omissions of our parent company,
subsidiaries, associated companies, employees, agents, subcontractors or
suppliers) regarding:
a) any breach of this Agreement including any deliberate personal repudiatory
breach or any deliberate breach of these conditions by the Zain Iraq, or our
employees, agents, subcontractors or suppliers; and
b) any representation, statement or tortuous act or omission including
negligence arising under or in connection with the Service.
13.2 Nothing in this Agreement excludes or limits our liability for:
a) death or personal injury caused by our negligence; or
b) any matter which it would be illegal for us to limit or exclude or attempt
to limit or exclude our liability for; or
c) fraud or fraudulent misrepresentation.
13.3 We are not liable for anything out of our control including but not
limited to any loss or damage that you may suffer or incur because of any act
of God, power cut; trade or labour dispute, failure or any omission of any
government or authority; delay, interruption, obstruction, or failure of
telecommunication services; or any other cessation; delay or failure caused by
a third party or loss or corruption of data. In such an event, we reserve the
right to cancel or suspend the Service indefinitely and without notice or
incurring any liability whatsoever.
13.4 All representations, warranties and terms (express or implied) not set out
in this Agreement are excluded to the fullest extent permitted by law and we
shall have no liability to you in respect of the same. You agree to indemnify
us and hold us
harmless in full and on demand with respect to any liability, damages, costs or
claims which we may suffer or incur arising out of or in connection with your
use of the Service.
13.5 Subject to Clause 13.2 above:
a) our total aggregate liability to you in respect of direct loss and
damage and other direct liability, whatsoever (howsoever caused), whether in contract,
tort (including negligence or breach of statutory duty), misrepresentation,
restitution or otherwise, arising in connection with the performance or
contemplated performance of the Service shall be limited to the aggregate total
of the subscription charges paid by you in the preceding calendar month to the
claim in question;
b) any use of the Service is entirely at your own risk. In no event
shall we be liable to you for any special, direct, indirect or consequential
loss, damage(s) or liability (including without limitation, loss of profit,
data, loss of goodwill, loss of contract or other information) or any claims
for consequential compensation, loss, punitive or exemplary damages or damage(s)
of any kind whatsoever (howsoever caused); or be subject to equitable or injunctive remedies (whether in contract
or tort, including, negligence or strict liability or otherwise), arising out
of or in connection with the Service and any supplied Content or offers even if
it was reasonably foreseeable and whether or not we have been previously made
aware of it.
13.6 We accept no responsibility and shall not be liable to you for the content
of or use by you of any information or services offered by third parties’
advertising (including advertising by any referral companies) or otherwise
posting information via the Service (whether directly or via links to or from
other sites or resources or through framing or other electronic mechanisms),
nor can we be said to endorse contents of such advertisements or information.
In particular, we shall have no liability in respect of material hyper-linked
which may be misleading, inaccurate, defamatory, threatening or obscene or
otherwise not in accordance with applicable laws or regulations. The provision
by us on the Service of a link to another website or app does not constitute
any authorisation to access materials held at that website or the app, your use
of those other websites or apps is subject to any terms of use and/or privacy
policies on those websites or apps.
13.7 We make no representation or warranty about information or any other
item(s) that may be accessed either directly or indirectly via the Service
(save to extent expressly provided otherwise in the Service) and we reserve the
right to make changes and/or corrections at any time to such information,
without notice. We accept no liability for any inaccuracies or omissions (other
than a fraudulent misrepresentation) in or from such information and any
decisions based on such information are the sole responsibility of the visitor
to the Service.
13.8 Your statutory rights as a consumer (if any) are not affected by
this Agreement.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 Ownership:
the copyright, database rights and other intellectual property rights (“IPRs”) in any Content and/or other
material displayed on or via the Service as well as its features, which
includes text, data, graphics, photographs, videos, animation, images and audiovisual content is either owned by or licensed to us by
our third-party suppliers/licensors (collectively the “Materials”).
14.2 These IPRs are protected under all applicable copyright and
intellectual property laws around the world as well as International treaties. All
such rights are reserved. No licence is granted to you in respect of any such
rights, except to the extent required for your personal use of the Service in
accordance with this Agreement. Any unauthorised distribution of the Materials and/or
the IPRs is strictly prohibited and legal action could be taken against any
such person who makes unauthorized distribution. Where applicable,
each third-party supplier of Materials has the right to assert and enforce the
provisions of this Agreement directly on its own behalf as a third-party
beneficiary.
14.3 Trademarks:
Our goods and/or service marks (which may include a name, word, phrase, logo,
symbol, design, image, shape, signature or any combination of these elements)
are and shall remain the exclusive property and trademarks of the Zain . You
shall not be entitled to reproduce such trademarks and/or associated logos
without our express prior written consent on each occasion.
14.4 Third-Party Trademarks: You
do not have the right to use trademarks and/or logos of our third-party
licensors. Each unauthorized use or infringement of trade marks, logos or
distinctive signs can be prosecuted according to the applicable law by the
respective parties.
14.5 Copying:
Any downloading, reproduction, modification, distribution or use of the
Materials except as otherwise permitted by this Agreement is strictly
prohibited and in particular you agree to use the Materials solely for your own
personal, non-commercial use and specifically not for any business, commercial
or public purpose.
14.6 The following activities are prohibited unless you receive our express
prior written permission on each occasion:
a) Any downloading,
reproduction, modification, distribution or use of the Materials (except as
otherwise permitted by this Agreement).
a) deployment within
this Service of any spider, robot web crawler or other automated query program;
b) re-use and/or
aggregation of any of the Materials in the provision of a commercial service;
c) transfer of any of
the Materials to any other person or entity, whether commercial or
non-commercial or distribution through peer-to-peer networks or any other file
sharing platforms; and
d) public display and/or use of any Materials for
any rental or sale purposes.
14.7 The copying and use of third party materials accessed via the Service is governed
by the terms of use applicable to the third party website or service accessed
by you.
15. SUBMISSION OF INFORMATION
You agree that the User Data supplied by you to us may be used by us or our
affiliates for the following purposes which shall include but are not limited
to: sending you messages related to the Service, monitoring your use of the
Service and from time to time evaluating if we can improve our services for
customers, unless you text “013” to 4086,
by following the instructions via Web App portal, or by calling the customer care
helpline 107 to
unsubscribe from the Service.
Any marketing information or promotional materials will require your prior
consent before being directed to you.
Excluding User Data (which is covered in the Privacy Policy), all other non-personally
identifiable information (including but not limited to comments, ideas,
suggestions, concepts, data, technical information and graphics) submitted via
the Web App will become our exclusive property without obligation of
confidentiality and we, at our sole discretion, shall be free to use such
information for any purpose without any restriction whatsoever.
16. GENERAL
16.1 This Agreement constitutes the whole agreement between you and us to the
fullest extent permitted by law with regard to use of the Service.
16.2 The Privacy Policy forms an integral part of this Agreement.
16.3 If any clause or part of a clause of this Agreement is found by a court of
competent jurisdiction or other competent authority to be invalid, unlawful or
unenforceable then any such part will be severed from this Agreement. The
remainder of the clause or paragraph which contains the relevant provision
shall not be affected and this Agreement will continue to be valid and
enforceable to the fullest extent permitted by law.
16.4 You may not transfer your rights pursuant to this Agreement to any third
party and nothing in this Agreement shall confer or purport to confer on or
operate to give any third party any benefit or any right to enforce any term of
this Agreement except
as expressly provided in this Agreement.
16.5 No failure or delay by us to exercise any of our rights under this
Agreement shall operate as a waiver there of and no single or partial exercise
of any such right shall prevent any other or further exercise of that or any
other right by us.
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws
of IRAQ. You irrevocably agree that the Courts of IRAQ shall have exclusive
jurisdiction to resolve any dispute or claim of whatever nature arising out of
or relating to the Service. However, we retain the right to bring legal
proceedings in any jurisdiction where we believe that infringement of our IPRs or
breach of this Agreement is taking place or originating. You are solely
responsible for compliance with any applicable laws and regulations of the
jurisdiction from which you are accessing the Service.
Update: last update September
2018
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