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Terms and Conditions
Support@visualposting.com
Effective Date: 06-07-2020
These Terms of Use ("Terms") governs your use of the Visualposting website, any mobile applications, and services ("Site") provided by Eazy Solutions FZ LLE ("VisualPosting" or "VisualPosting" or "us" or "we" or "our") holding license number 15560 / 2020, having its registered office at Creative City - Media Free Zone, Fujairah, UAE.
If you are using or ordering Visualposting's service(s) or related service(s) on behalf of a company or other entity, then “Customer” or “You” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, The agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
This Terms of the Agreement (together with any other terms and conditions agreed in writing between Visualposting and the Member from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from VisualPosting.
Definitions
Unless the contrary intention appears, the following definitions shall apply: -
‘Account’ means the secure account(s) created by You, which holds Your personal information and from where you can access the Services via VisualPosting for the purpose of engaging VisualPosting’s services including posting and publishing ads.
‘Authorised Members’ means the Member’s employees, agents, contractor, third parties, staff, or any entity that is duly authorized to act on behalf of the Member.
‘Credit’ means all legal currency and all monies paid by the Members on the Website to engage VisualPosting and/or in order to access the Member’s Services on VisualPosting.
‘Member’ means you as the receiver of the Services and/or any Members of the Website and will also include inter alia, learners, bloggers, and their respective employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of you.
‘Parties’ collectively means ‘VisualPosting’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of VisualPosting for the carrying out of the Services as the Service Provider and ‘You’ as the Member and its authorised agents, contractors, employees or any entity duly authorised for and on behalf of you.
‘Points’ means the credit earned by the Members when they engage in activities on the VisualPosting.
‘Services’ means the educational posts, and/or publish ads related services to which details are particularised on the Website (subject to change).
‘Service Fee’ means the fees that VisualPosting collects and is payable by the learners and/or Member in consideration of the Services.
‘Service Provider’ means VisualPosting and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorized to act on behalf of VisualPosting for the carrying out of the Services.
‘Learner’ means any individual(s), including their legal guardian, parents (if the learner does not have the requisite capacity to enter into this agreement) engaging the Services on VisualPosting.
‘Trademarks’ means all the names, brands, logos, designs, slogans and/or other designations VisualPosting uses in respect to its products and services.
‘Blogger’ means any individual(s) or writer engaging VisualPosting’s services for the purpose of providing services to the learner and/or Member.
‘We, Us or Our’ means VisualPosting and its employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of VisualPosting for the carrying out of the Services.
‘You or Your’ means the Member.
Acceptance of Agreement
This Agreement is between you and Eazy Solutions FZ LLE.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE, DOWNLOADING, INSTALLING OR USING OUR MOBILE APPLICATION. BY ACCESSING, REGISTERING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS SET FORTH BELOW AND THE PRIVACY POLICY. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE DISCLAIMERS AND PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS SITE OR DOWNLOAD OUR MOBILE APPLICATION.
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Eazy Solutions FZ LLE and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
THE SERVICES
VisualPosting offers the following services
We are providing for learners and bloggers to the point of posting content and publish ads, services.
The Services as specified in above has its respective charges referred to on the Website (“Charge”)
VisualPosting requires payment for Services to be made prior to the performance of Service.
VisualPosting shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Member before any payment is made.
All payments made to VisualPosting via Credit Card or PayPal transactions are liable to a 3% handling charge. This handling charge of 3% is added to the total sum owing to VisualPosting by the Member.
General Terms of Services
VisualPosting shall provide the Services to the Member subject to the terms and conditions contained herein or any other documents referred by VisualPosting or such other terms and conditions as may be agreed in writing between VisualPosting and the Member.
For the avoidance of doubt, the Website is used solely as a platform meant to an online marketplace for bloggers and learners for engagement of their respective services.
In the event that dispute arises, you hereby agree to release VisualPosting (its subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In addition, some Services offered by VisualPosting through the Website may be subject to additional terms and conditions promulgated by VisualPosting from time to time; Your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement.
Privacy Notice
For the terms governing our collection and use of personal and general information, please refer to our privacy policy. If you do not accept and agree to be bound by all the terms of this Agreement, including the Visualposting.com Privacy Notice, do not use this Website or our Services.
Choice of Law
This Agreement will be governed by and construed in accordance with the laws of DIFC, UAE, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one year after the cause of action arose or be forever waived and barred.
Eazy Solutions FZ LLE grants you a nonexclusive, nontransferable, revocable license to access and use Our Website and Services strictly in accordance with this Agreement.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
Your use of VisualPosting.com Website and Services is solely for internal, personal, non-commercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of VisualPosting.com Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and VisualPosting.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of VisualPosting.
Our Content, as found within Our Website and Services, is protected under foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of Our Website and Services does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
To use our Services, you must register with Our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, You represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Eazy Solutions FZ LLE has sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.
Any Members who are under the age of 18 must always use VisualPosting's Services only in under the supervision of a parent and/or legal guardian who is at least 21 years of age.
When you complete the registration process, You will create a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that happen using your password.
You agree to immediately notify Us of any unauthorized use of Your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from Your failure to comply with password security as discussed herein.
You must always keep your account information up-to-date and accurate, including without limitation, a valid email address. To offer items on VisualPosting you must provide and maintain valid payment information such as valid Paypal I.D., and credit card information.
VisualPosting’s accounts are not transferable by sale, gift, and/or otherwise to any other party. If your account is registered as a member, you personally guarantee that you have the authority to bind the entity to this Agreement.
VisualPosting's Services may not be available to temporarily or indefinitely suspended VisualPosting accounts. VisualPosting reserves the right, and sole discretion, to cancel unconfirmed or inactive accounts. VisualPosting reserves the right to refuse service to anyone, for any reason, at any time. VisualPosting has a right to decide which account activate or inactive in this Site.
Limitation of the Services
By engaging the Services, You hereby agree that any commercial decisions whether posting and/or publishing ads or otherwise is Your sole discretion. Your engagement of our services is free from duress.
VisualPosting will provide suggestions and/or opinions but we will never make any decisions for and on behalf of You. VisualPosting’s aim is to assist you with the best micro post that fits your needs and thereby connect You with those respective bloggers or learners.
Amendment and availability of Services
VisualPosting reserve the right to add, change or eliminate features, pricing, nomenclature and other aspects of the Services, and these Terms will continue to apply to the Services as modified. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Site or the Services.
VisualPosting always aim to make the Site available but cannot guarantee that the Site will operate continuously or without interruptions nor that it will be error-free. Members must not attempt to interfere with the proper working of the Site and Members must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet-connected device.
VisualPosting cannot guarantee the continued availability of any post and accept no responsibility or liability for the withdrawal, removal or unavailability of the same.
Errors, Corrections, and Changes
VisualPosting do not represent or otherwise warrant that VisualPosting Website will be error-free or free from viruses or other harmful components, VisualPosting does not represent or otherwise warrant that the information available on or through VisualPosting Website will be correct, accurate, timely, or otherwise reliable.
VisualPosting reserves the right at its sole discretion to modify any of its content, software, and other items used or contained in its Website or Services offered at any time without notice.
Disclaimer
VisualPosting Website publishes contents (including but not limited to study images, videos, infographics, slides, blogs post) supplied by third parties, Members, users, Advertisers, Merchants, and Sponsors. Accordingly, VisualPosting has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, users, Members, or any other Members of our Website, are those of the respective author(s). VisualPosting does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You acknowledge and agree that VisualPosting is not responsible for the availability of Third-Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that VisualPosting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.
You acknowledge and agree that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and VisualPosting or VisualPosting Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Warranty Disclaimer
Eazy Solutions FZ LLE is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by VisualPosting. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services.
VisualPosting is not responsible for the online or offline conduct of any Members of our Website or Services.
VisualPosting Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. VisualPosting assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
VisualPosting is not responsible for any technical malfunction of internet network services, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use of or while downloading of materials from VisualPosting Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances, VisualPosting shall be held liable if any Members/Visitors suffers any loss due to damage to their computers, mobiles phones equipment’s or hardware, or software or suffers bodily injury, or cause death while using online or offline VisualPosting Website or Services.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with VisualPosting Website by third parties or by any of the equipment or Planning associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH VISUALPOSTING WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
VISUALPOSTING, INCLUDING ALL VISUALPOSTING AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF VISUALPOSTING WEBSITE OR SERVICES. EAZY SOLUTIONS FZ LLE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. EAZY SOLUTIONS FZ LLE DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION WHILE USING AND DOWNLOADING SUCH CONTENTS. YOU AGREE TO HOLD VISUALPOSTING HARMLESS FROM ANY LIABILITY ARISING FROM ANY DAMAGES CAUSED BY VIRUSES ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH VISUALPOSTING WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. VISUALPOSTING AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PRECISE TECHNOLOGIES FZE.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT VISUALPOSTING OR ITS DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE HELD LIABLE BY YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSS OF PROFITS OR LOSS OF DATA ARISING FROM YOUR USE OF VISUALPOSTING WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM VISUALPOSTING WEBSITE OR SERVICES, EVEN IF
VISUALPOSTING IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EAZY SOLUTIONS FZ LLE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VISUALPOSTING.
MEMBERS SPECIFICALLY ACKNOWLEDGES THAT VISUALPOSTING AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBERS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS IN THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL VISUALPOSTING, ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE SITE. MEMBERS HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND FEATURES ON THE SITE.
Personal Information
Your submission of personal information through the VisualPosting is governed by our Privacy Policy.
Member Conduct
Members shall use the Site for lawful purposes only. Members shall not post or transmit through the Site any material which:
violates or infringes in any way upon the rights of others;
is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or
Contains advertising or any solicitation with respect to products or services, unless VisualPosting has expressly approved such material in advance of its transmission.
Any conduct by a Members that in VisualPosting discretion restricts or inhibits any other Members from using or enjoying the Site is expressly prohibited.
If any Member report to VisualPosting about a Content as being offensive or inappropriate, we remove such content within 48 hours of being notified to VisualPosting.
VisualPosting has full authority to restrict the Member’s ability to post Member Content or to immediately terminate such Member’s membership without further notice to the Member.
Members are responsible for complying with all applicable local and international laws for their conduct, content, including copyright and trademark laws.
As a Member, you agree not to use our Services to do any of the following
Upload, post, or otherwise transmit any Member Content that:
Violates any local, or international laws.
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
Links directly or indirectly to any materials to which you do not have a valid right to link.
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
Contains software viruses or any other computer code, files, or Plans designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
In the sole judgment of Eazy Solutions FZ LLE is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Eazy Solutions FZ LLE, our affiliates, or our Members to any harm or liability of any type
Use our Content to.
Develop a competing website.
Create compilations or derivative works as defined under copyright laws.
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
Decompile, disassemble, or reverse engineer our Website, Services, and any related software.
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Responsibilities, Obligations and Due Diligence
At the absolute discretion of VisualPosting, it will provide the Member with the Services in its best endeavor to the Member.
If VisualPosting is unable to provide the Services within a reasonable period from the dates(s) and time(s) and VisualPosting have agreed or notified the Member, then the Member will have the rights subject to the terms and conditions contained herein to exercise the Member’s option to wait until VisualPosting is available to start performing the Services.
If VisualPosting has begun the performance of the Services and the Member has in the course of exercising your right of termination of the Agreement pursuant to the provision contained herein, the Member will be liable to pay for any Services incurred by VisualPosting up to the date of termination of the Agreement.
Without limitation to any of the rights contained herein and contractual remedies, VisualPosting reserves the right to claim for any losses and damages incurred as a result of the termination.
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