1 TERMS AND CONDITIONSSporty.co.nz, Sportsground.co.nz, Marketground.co.nz, Schoolground.co.nz, IDme.co.nz, Photocard.co.nz and AppointMe.co.nz are websites owned, hosted and maintained by Sportsground Limited, ("Sportsground") a company incorporated in New Zealand.
Terminology: In these terms and conditions, the following expressions have the meanings set out:'Administrator' means any person who is authorised to use the Services to administer Content on the Sporty Platform, and including any other person who the authorised person shares their login access with;
'Agreement' means these terms and conditions;
'Content' means any information posted to the Sporty Platform by any Administrator or User including but not limited to any text, files, images, logos, photos, video, sounds, musical works, competition draws, results and standings, documents, works of authorship, or any other materials;
'IDMe' refers specifically to the services provided for touchfree sign-in as promoted and provided through the website www.IDMe.co.nz
'Order' means any order you make through your use of the Services for physical goods whereby Sportsground is acting as supplier and your payment has been made to Sportsground.
'Services' means any one or more of the products and services offered by Sportsground on the Sporty Platform, including the mobile app and the ability to create websites, send group e-mails, accept registrations online, accept payments online, purchase products, create blogs, create competitions and generate draws, results, and standings tables, and any other product or service that Sportsground may offer from time to time;
‘Sporty Platform’ means the online platform provided by Sportsground through which the Services are offered or provided to Administrators and Users;
'User' means any person who browses the Sporty Platform or used the Services or who has registered through the Sporty Platform or the Services;
'we', 'us' and 'our' are a reference to Sportsground;
'you' and 'your' are a reference to you;
‘Web Services Agreement’ means an agreement that you execute with Sportsground for the removal of advertising or the provision by Sportsground of additional services as described in that agreement.
1.2 Acceptance of terms and conditions: These terms and conditions are the terms on which Sportsground allows you to use the Services. By using the Services, you are deemed to have accepted these terms and conditions and are bound by them. If you do not accept these terms and conditions, you are hereby prohibited from using the Services and you must leave the Sporty Platform and refrain from using the Services.
1.3 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Sportsground at its absolute discretion from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Sporty Platform. If you do not agree with such modification you have the right to terminate your use of the Services. You agree to be bound by this Agreement and you are responsible for ensuring you are familiar with the latest terms and conditions. It is therefore important that you review this Agreement regularly to ensure you are aware of any changes. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.2 SPECIFIC WARNINGS2.1 The services: Sportsground provides an online platform for communicating with, promoting to, registering and organising people. Content on the Sporty Platform is predominantly supplied by people from the broader community and Sportsground does not take responsibility for updating or maintaining any Content. Please choose carefully the Content you post on the Sporty Platform or otherwise provide to Users. You may not include any of the following items: any profane language, photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Sportsground assumes no responsibility or liability for the display of material or products or services that is inaccurate, inappropriate, offensive or sexually explicit. If you become aware of misuse of the Services by any person, please contact Sportsground directly to report the misuse.
2.2 At your own risk: any interaction, transactions or other contact between you and other Users are conducted entirely at your own risk. You agree that Sportsground takes no responsibility or liability including consequential loss for any misconduct of any Administrators or Users including, without limitation, people who have registered under false pretences or who attempt to defraud you. Sportsground gives no undertakings, representations, or warranties in relation to the use of the Services, including as to the accuracy or truth of the Content or that the Services will meet your requirements or expectations.
2.3 Disclaimer: This clause is not intended to exclude or limit any rights which you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993. To the maximum extent permitted by law, you expressly understand and agree that:
2.3.1 your use of the Services is at your sole risk. The Sporty Platform and Services are provided on an "as is" and "as available" basis. Sportsground does not warrant timely, secure, error-free or interruption-free provision of Services. Sportsground expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sportsground cannot guarantee and does not promise any specific results from use of the Services. The exclusion of warranties does not affect your right of withdrawal. To the maximum extent permitted by law and without limiting clause 2.2, Sportsground disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
2.3.2 Sportsground does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) is error-free or reliable. Furthermore Sportsground reserves the right at any time to temporarily or permanently discontinue the Services with or without notice and you specifically agree that Sportsground shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services;
2.3.3 no advice or information that is obtained by you from Sportsground or anyone else shall create any warranty by Sportsground that is not expressly stated in these terms and conditions; and
2.3.4 responsibility for the content of advertising that may appear on the Sporty Platform or within any Services (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The existence of such advertisements does not constitute Sportsground's recommendation or endorsement of any advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
2.3.5 Sportsground reserves the right, in its sole discretion, to reject, refuse to post or remove any Content, or to restrict, suspend, or terminate your access to all or any part of the Services at any time with or without prior notice and the liability of Sportsground is limited in value to a refund of any fees or charges paid or payable for any undelivered Services.
2.3.6 Sportsground may send emails, text messages, push notifications or other communications to you if you are a User or Administrator for the purpose of providing the Services, or relating to your activities, and for promoting and marketing other Sportsground products and services to you. Sportsground may also send electronic newsletters or product offers to you, and such newsletters or offers will contain clear and obvious instructions for how you can unsubscribe.
2.3.7 you must not attempt to impersonate another User or use another User's login ID or password to access the Services. You must not disclose your login ID or password to any other party or allow anyone else to access the Services using your login ID or password.
2.3.8 You may not sell, license or otherwise dispose of or encumber any URL owned by Sportsground, including the URL that Sportsground may at its sole discretion allow you to use to access the Sporty Platform. Sportsground exclusively retains and reserves all rights to any URL that forms part of the Services and may at the sole discretion of Sportsground take over any such URL for its own use or the use of another party. For the avoidance of doubt, you retain ownership of any URL that you have licenced or registered independently of Sportsground.
2.4 Liability: You agree that, to the maximum extent permitted by law, Sportsground has no liability or responsibility to you or any other person under or in connection with these terms and conditions, or in connection with the Services, the Sporty Platform, another User's acts or omissions, or your use of or inability to use, the Services or the Sporty Platform, regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise, and;
2.4.1 Sportsground's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss, and;
2.4.2 Sportsground will not be responsible for any incorrect or inaccurate Content posted on the Sporty Platform or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilised in the Services, and;
2.4.3 Content posted by Administrators or Users on the Sporty Platform may contain links to other websites. Sportsground is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Sportsground. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Sportsground. When you access these third-party sites, you do so at your own risk, and;
2.4.4 Sportsground takes no responsibility for third party advertisements which are posted on the Sporty Platform or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Sportsground is not responsible for the conduct, whether online or offline, of any User of the Services.
2.5 Indemnity: You agree to indemnify and hold Sportsground, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post or activity you conduct on the Sporty Platform or through the Services causes Sportsground to be liable to another. This indemnification includes without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of any applicable law or regulation (to the extent allowed by law). All disclaimers and limitations of liability in these Terms will survive the termination of this Agreement.
2.6 Breach: Without limiting any other rights and remedies available to Sportsground, Sportsground may limit your use of the Services and/or your activities on the Sporty Platform, remove your Content, warn other Users of your actions, issue a warning to you, suspend or terminate your access to the Sporty Platform, or refuse to provide our Services to you if you breach these terms and conditions or where Sportsground considers it appropriate.
2.7 Eligibility: By using the Services, you represent and warrant that all Content you submit is truthful and accurate and your use of the Services does not violate any applicable law or regulation.
2.8 Password. When you sign up to become a User, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Sportsground immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
2.9 Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses or Content or unauthorised framing of Content into other websites or mobile applications is prohibited. Sportsground reserves the right to take appropriate legal action for any abusive, illegal or unauthorised use of the Content or the Services.
2.10 Our liability or that of our third party service providers will be limited, at our option, to re-supplying your Order or to refunding to you any monies paid by you. This is your exclusive remedy for any loss, damage or mishandling.3 TERM AND TERMINATION3.1 This Agreement shall remain in full force and effect while you use the Services.
3.2 If you wish to discontinue using one of the free services provided by Sportsground, you do not need to provide notice to cease using the service unless you have executed a Web Services Agreement with Sportsground, in which case you must provide written notice to Sportsground and your Services shall be terminated in accordance with the terms of your Web Services Agreement.
3.3 Sportsground may terminate your access to any of the free services it provides at any time, without warning. Without limiting the foregoing, Sportsground may terminate your access to the Services if a serious complaint or multiple complaints are received about you from other Users, if you breach these terms and conditions, if you impersonate another User, or if we, at our sole discretion, deem your behaviour to be unacceptable. In the event that Sportsground terminates your service for its own reasons that are unrelated to the manner in which you have used the Services, then Sportsground shall refund you pro-rata any amount you have prepaid for any period that the Services have been made unavailable to you.
3.4 In the event that we terminate your access to the Services we may also at our absolute discretion permanently remove or delete your Content. You are solely responsible for keeping your own local or backup copy of your Content separate from the Sporty Platform and we will not be responsible to you or any third party for any loss you or any third party may suffer as a result of any Content being permanently removed and/or deleted or otherwise.4 FEES4.1 Sportsground provides a number of different levels of the Services for different fees. Sports organisations and schools may be offered Services without charge that display advertising from Sportsground or its sponsors or supporters. Sportsground reserves the right at its absolute discretion to introduce fees for any free Services and the right to alter, to depart from, or to cease offering Services free of charge at any time, taking into account Sportsground's legitimate interests and reasonable consumer expectations.
4.2 Sportsground may inform you if a free service is to be offered in the future for a fee. You can then decide if you want to continue to use the service for that fee. Your continued use of the service after the proposed fee modification has been notified for at least one month will be deemed to constitute acceptance of the proposed fee modification. If Sportsground terminates your access to the Services because you have breached any Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4.3 Prices displayed by us for any of the Services are in New Zealand dollars. Prices may not include delivery charges. Prices are subject to change by us. We reserve the right to correct any errors or misprints and have no responsibility if products or services are unavailable for purchase at any time.5 PROPRIETARY RIGHTS IN CONTENT5.1 Sportsground does not claim any ownership rights in the Content that you post to the Sporty Platform or through your use of the Services. After you provide Content, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose beyond the Sporty Platform and the Services. By displaying or publishing ("posting") any Content to the Sporty Platform or through your use of the Services, you hereby grant to Sportsground a license to use, modify, publicly perform, publicly display, and reproduce such Content without limitation. The license you grant to Sportsground is non-exclusive (meaning you are free to license your Content to anyone else in addition to Sportsground), fully-paid and royalty-free (meaning that Sportsground is not required to pay you for displaying your Content), sub-licensable (so that Sportsground is able to provide a sub-license that allows third parties to also display your Content), and worldwide (because the Internet and the Services are global in reach). Without this license, Sportsground would be unable to provide the Services and would be unable to promote and publish your activities and Content through our partners and affiliates to the broader community. For example, without the right to modify User Content, Sportsground would not be able to digitally compress Content to satisfy Sportsground' technical requirements, and without the right to publicly display your Content, Sportsground could not allow people to view your site. You warrant that you will not make any claim against us or any third party that we sub-license for any use, publication or copying of your Content and you waive all rights of action or other claims you may have now or in the future against us in respect of any such use, publication or copying.
5.2 You represent and warrant that: (i) you own the Content posted by you on the Sporty Platform or through your use of the Services and you have the right to grant the license set forth in this section, and (ii) the posting of your Content does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you. If any person makes any claim against us or our sub-licensees, claiming that any of the Content you submit to the Service, or any use of them, infringes any copyright, or other intellectual property or moral right of any person, company or entity, you indemnify us and our sub-licensees against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of such claim.
5.3 The Sporty Platform and Services may also contain graphics, logos, trademarks, text, design, icons, the arrangement of them, sound and video recordings and software that is owned by Sportsground ("Sportsground Content"). Sportsground Content is protected by copyright, trademark, patent, trade secret and other laws, and Sportsground owns and retains all rights in the Sportsground Content. Sportsground hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Sportsground Content (excluding any software code) solely for your personal use in connection with using the Sporty Platform and the Services.
5.4 The Sporty Platform contains content of other people who use the Sporty Platform. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on the Sporty Platform.
5.5 Sportsground may store contact details of people that use IDMe for the duration that Sportsground deems to be useful for the purpose of short term attendance tracking, after which date such data shall be deleted. You agree that Sportsground may delete contact details of attendees once the duration for which a person reasonably expected their data to be stored has passed.
5.6 Sportsground may collect and store personal information that people provide when using the Services to allow schools, clubs and sports organisations to provide their own services. Any personal information that is identifiable as relating to you will only be used by Sportsground or the school, club or organisation it relates to and their governing body if any (subject to your and their consent) in accordance with the purpose for which it was provided and it will not be sold or supplied to third parties. In accordance with The Privacy Act 2020 principle 11 (Disclosure of personal information) Sportsground may use, disclose, or sell to third parties information where we believe, on reasonable grounds, that the information (i) is to be used in a form in which the individual concerned is not identified; or (ii) is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.6 MISUSE AND ABUSE6.1 Sportsground may delete any Content that in the sole judgment of Sportsground is in breach of this Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person.
6.2 Sportsground assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Sportsground chooses, in its sole discretion, to monitor the Services, Sportsground nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Administrator submitting any such Content.
6.3 You are solely responsible for the Content that you post on the Sporty Platform or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Sportsground does not endorse and has no control over the Content. Content is not necessarily reviewed by Sportsground prior to posting and does not necessarily reflect the opinions or policies of Sportsground. Sportsground makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that is transmitted on the Sporty Platform or through the Services.
6.4 The following is a non-exclusive list of the kind of Content that is illegal or prohibited to post on the Sporty Platform or through the Services. Sportsground reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending Content from the Sporty Platform or the Services and terminating the access to the Sporty Platform of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Sportsground:
6.4.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.4.2 harasses or advocates harassment of another person;
6.4.3 exploits people in a sexual or violent manner;
6.4.4 contains: nudity that is likely to offend, violence, or offensive subject matter or contains a link to an adult website;
6.4.5 publicly displays any private telephone numbers, street addresses, or personal email addresses of any person under the age of 16;
6.4.6 promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
6.4.7 promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
6.4.8 involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
6.4.9 contains hidden text or images;
6.4.10 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
6.4.11 solicits passwords or personal identifying information for commercial or unlawful purposes from Users;
6.4.12 involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
6.4.13 includes a photograph of another person in a way that is exploitive.6.5 The following is a non-exclusive list of the kind of activity that is illegal or prohibited on the Sporty Platform and through your use of the Services. Sportsground reserves the right to investigate and take appropriate legal action against anyone who, in Sportsground' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. If we do report you to law enforcement authorities, you acknowledge that and you will have no claim against us for any loss or damage you suffer whatsoever as a result of your activities being so reported. Prohibited activity includes, but is not limited to:
6.5.1 criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
6.5.2 transmission of chain letters or junk email that breaches applicable anti-spam legislation such as the Unsolicited Electronic Messages Act. If you breach this clause of this Agreement, you acknowledge that you will have caused substantial harm to Sportsground, but that the amount of such harm may be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Sportsground liquidated damages in the sum of $50 for each such unsolicited email or other noncompliant communication that you send, acting culpably, through the Services, regardless of the number of recipients of such email. Sportsground may be entitled to additional compensation of damages on proof of loss.
6.5.3 covering or obscuring banner advertisements via HTML/CSS or any other means;
6.5.4 any automated use of the system, such as using scripts to add friends or send comments or messages;
6.5.5 interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
6.5.6 attempting to impersonate another User or person;
6.5.7 selling or otherwise transferring your profile;
6.5.8 using any information obtained from the Services in order to harass, abuse, or harm another person;
6.5.9 using the Services in a manner inconsistent with any and all applicable laws and regulations.7 COPYRIGHT POLICY7.1 You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other protected proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Sportsground to terminate access and Administrator or User privileges of any Administrator or User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Sportsground by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statutory declaration statement by you in accordance with the currently applicable laws and/or regulations that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.8 GENERAL RULES8.1 You must not damage, interfere with or harm the Sporty Platform or Services, or any network, or system underlying or connected to them, or attempt to do so.
8.2 You may not use a robot, spider, scraper or other automated means to access the Sporty Platform or information featured on it for any purpose.
8.3 Content you add to the versions of the Sporty Platform that are branded as "Sporty.co.nz" , "Sportsground.co.nz" and/or "Schoolground.co.nz" must only relate to sports, schools, clubs, teams, classrooms or players based in New Zealand.
8.4 The maximum size for the total of all Content posted to a Sporty Platform is 1,000 megabytes and although Sportsground at its absolute discretion may not enforce this limit, this does not diminish the right of Sportsground to require you to reduce the total size of your Content back down to this maximum size.
9 GENERAL PROVISIONS9.1 System Integrity: Sportsground will use its reasonable endeavours to ensure the availability of the Sporty Platform and Services, subject to any downtime required for maintenance. However, Sportsground takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Sporty Platform or Services being unavailable. Further, Sportsground assumes no responsibility for the corruption of any data or information held by Sportsground. In addition, Sportsground assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or User communication. Sportsground is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof.
9.2 Resolution of disputes: As Sportsground is not a party to any transaction between you and another Administrator or User, you agree not to involve, or attempt to involve, Sportsground in any dispute or in the resolution of disputes that arise between you and another Administrator or User as a result of the Services provided or consumed.
9.3 Force Majeure: Sportsground has no liability for any lack of performance, unavailability or failure of the Services or the Sporty Platform, or for any failure of Sportsground to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Sportsground. Our obligations to you under these Terms or under will be suspended for the time and to the extent that we, or our third party service providers, are prevented from or delayed in complying with our obligations by any event or circumstance or combination of events or circumstances which are beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
9.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
9.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
9.6 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. If you access the Services in a jurisdiction other than New Zealand, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the Services complies with the laws of any country outside New Zealand.
9.7 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions except in the existence of a current Web Services Agreement in which case the terms of the Web Services Agreement shall prevail and be applied in conjunction with these terms.
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