Terms of Service : Lightster - turn users into co-creators.

Terms of Service

“Terms”: these Terms of Service, which are a legally binding agreement that governs your access to our Services

  1. “we”, “us” or “our”: Lightster Inc.
  2. “you” or “your”: you or the entity that you represent
  3. “User”: a user of the Services
  4. “Site”: https://www.lightster.co and its subdomains
  5. “App”: any downloadable applications we make available to you
  6. “Services”: any software or services we make available to you, including the Site or App
  7. “Content”: text content, notifications, emails, videos, images and audio or any combination thereof
  8. “Lightster”: people interested in participating in market research
  9. “Creators”: organizations and individuals seeking to conduct market research

BEFORE YOU SIGN THE DOCUMENT, PLEASE READ THESE TERMS CAREFULLY. BY SIGNING THE DOCUMENT OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF ANY GROUP OR ENTITY YOU REPRESENT, IF APPLICABLE. YOU HEREBY COVENANT TO ENSURE THAT ALL USERS THAT GAIN ACCESS TO OUR SERVICES FROM YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE OUR SERVICES.

If you or the entity for which you are accessing and using the Services have a separate binding written or click through agreement in place with Lightster Inc. with respect to the Services, that separate agreement shall take precedence over these Terms of Service in the event of a conflict.

1. Acceptance of Terms.

These Terms are a legal agreement between you (together with the group or entity, if any, that you represent) and us, establishing terms and conditions under which you access and use our Services. The date you sign this document or use our services is the “Effective Date.”

2. Scope of Services.

We may alter, suspend, discontinue or subcontract our Services in whole or in part, at any time and for any reason, without notice.

3. License to Use; Privacy Policy.

Subject to these Terms and any other agreement between you and us, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services solely in the manner enabled by us. Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing license grant is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we and our partners and suppliers retain all right, title and interest in our Services. We reserve all rights not expressly granted under these Terms.

Our Privacy Policy (the “Privacy Policy”) https://lightster.co/privacy-policy, describes our collection, use and disclosure of data and information in connection with our Services. We may update our Privacy Policy from time to time, in accordance with its terms. Our Privacy Policy is incorporated into these Terms, and by using our Services you agree to the collection, use and disclosure practices in our Privacy Policy.

You represent and warrant that (i) any personal information or information relating to soliciting, offering, posting, or completing Projects (as defined below), as submitted to Lightster or the Services, is true, correct and complete and (ii) you have the right to provide any and all of the requested information for the purposes of these Terms, and have obtained all necessary consent where applicable. You further agree and acknowledge that your submission of any personal information to us or Lightsters is voluntary and entirely at your own risk. You agree and acknowledge that your information may be disclosed to Users of the Services in accordance with these Terms and our Privacy Policy. Please refer to our Privacy Policy for additional information on our practices for handling personal information.

You hereby grant to us a perpetual, royalty-free, worldwide right and license to copy, display, make derivative works of and otherwise use your information to provide the Services in accordance with these Terms, subject in all respects to our Privacy Policy.

UNDER NO CIRCUMSTANCES SHALL YOU USE THE SERVICES TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION FROM OR RELATING TO ANY LIGHTSTERS. If you use the Services to collect, manage, or process Sensitive Information from or relating to Lightsters, it shall be considered unauthorized use of the Services, and we will not have any liability that may result from such use. Without limitation, you agree to indemnify us in accordance with Section 13 of these Terms for your failure to obtain such consent, and for your unauthorized use of the Services to collect, manage or process Sensitive Information from or relating to Lightsters.

If you are a Lightster (as defined below), YOU AGREE NOT TO SUBMIT SENSITIVE INFORMATION TO THE SERVICES IN RESPONSE TO ANY REQUEST FROM A CREATOR.  If you submit Sensitive Information to the Services in response to any request from a Creator, it shall be considered unauthorized use of the Services, and we shall have no responsibility or liability in connection therewith.  

4. Our Services.

1. Projects, Creators, and Lightsters.

(i) Creators: You may request a project and include information about Lightsters (as defined below), to the Services (to the extent you do either of the foregoing, you are a “Creator”), subject to the fee and subscription arrangements entered into between us, or as set forth on our Site or App from time to time, as applicable.  

(ii) Lightsters: You may be invited to participate in a Project for a Creator.

2. Responsibility; Limitations. 

Lightsters and Creators are independent third-parties and are not employees or agents of Lightster Inc. We are not responsible for, and expressly disclaims all liability for, the acts or omissions of the Lightsters and Creators. We reserve the right to reject a project at any time for any or no reason. We do not guarantee fulfillment of any Project.

3. Creator Fees; Lightster Incentives.
(i) The Creator shall pay to us the full amount of completion fees for time spent with each Lightster, which includes the applicable recruiting and incentive payment to the Lightster promptly upon the completion of each session.

(ii) Lightster Inc. shall compensate each Lightster that completes his or her part in such Project in the form of our choosing (including in the form of gift cards to widely-used online shopping platforms). We shall not compensate a Lightster for his or her part in such Project until a Creator confirms such completion, even if such Lightster contacts us requesting compensation. A Lightster has no right to any compensation with respect to any Project until Creator confirms the Lightster’s completion of his or her part in the Project.   

(iii) If a Creator cancels a Lightster after that Lightster has been scheduled, we may, in our sole discretion, charge Creator a cancellation fee plus the applicable recruiting and credit card processing fees established by us from time to time. If Lightster charges a Creator such a cancellation, we may, in our sole discretion, pay a portion or all of such cancellation fee to the applicable Lightster. Each Lightster has no right to any compensation for any cancellations.   

(iv) Any disputes about any fees under these Terms must be submitted to us in writing within 30 days after the date such fees are incurred. We shall consider fees undisputed after 30 days.

4. Acknowledgement to Receive Communications.

By using the Services, you may receive emails and push notifications (if you use our App) from us regarding the Services or about your use of our Services, and communications, including emails, text messages, push notifications, mail and telephone calls, that include User Content, or are related to the Services. You may also receive marketing materials from us.

You agree that any notices, agreements, disclosures or other communications that we send to you electronically shall be deemed to satisfy any legal communication requirements to the extent permitted under applicable law.

To opt out of receiving any marketing communications from us, please follow the unsubscribe link in the applicable correspondence. Note that you may continue to receive communications related to the Services.

5. Use Restrictions.

You may not use our Services if you are legally prohibited under the laws of the country in which you are resident or from which you access or use our Services. Our Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or the Federal Information Security Management Act (FISMA), so you may not use our Services where your communications or User Content would be subject to such laws.

You may not access or use our Services if you are a competitor or for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Creators may not recontact any Lightsters who were previously recruited for one of the Creator’s Projects unless all communication is handled through Lightster Inc. or unless expressly permitted by us.

5. Payments.

1. Payment. You agree that we may charge your payment method for any amounts accrued by you through your subscriptions to and/or use of the Services and for any additional amounts (including but not limited to any taxes and late fees, as applicable) that may be accrued by or in connection with the account associated with you. All payments must be made in United States Dollars.

2. Billing and Payment Policy. All information that you provide to us, including your credit card information or payment account information, is subject to our Privacy Policy. We may use a third party payment service to bill you through an online account for your subscription payment or purchase of Services. By submitting your payment account information, you grant us the right to store and process your information with the third party payment service and agree that we will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of such third party payment service in addition to these Terms. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

3. Refunds. Except as set forth in these Terms, required by law, or otherwise agreed upon in writing by both parties, we have no obligation to provide refunds or credits.

6. Taxes.

Lightster is a platform designed to connect Lightsters and Projects, and Creators. Creators and Participants are responsible for understanding and evaluating any potential tax liability related to payments made in connection with Projects and for determining any potential income reporting pursuant to the requirements of local, state, or federal law. We cannot and does not offer tax advice to Creators or to Lightsters and is not responsible in any way for any failure of Creators or Lightsters to report taxable income or remit any taxes that may be due to any taxing authority. Lightster recommends that you consult with a tax advisor prior to using the Services. You are solely responsible for any taxes arising from your use of the Services, excluding our income.

7. User Content.

We do not claim any ownership rights in the Content submitted to our Services by Creators, Lightsters, or any other third party (collectively, “User Content”). You represent and warrant to us that you own the User Content submitted by you or that you otherwise have sufficient rights to such and submit such User Content, and to grant us the necessary licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third party, and that Lightster Inc. may use such content to provide the Services and in accordance with our Privacy Policy. You agree to pay all royalties, fees and any other monies owed to any person by reason of any User Content submitted by you.

After submitting User Content to our Services, you continue to retain such responsibility for and rights in such User Content as you held prior to submitting such User Content to our Services. By submitting any User Content to our Services, you hereby grant to us the right and license to use, display, reproduce, adapt, modify, re-arrange and distribute your User Content for any purpose related to providing the Services. You retain sole authorship responsibility for any User Content you submit to our Services regardless of whether we modify your User Content.

You represent and warrant that you will neither submit nor solicit any User Content that is personal financial information, sensitive information, personal health information or protected health information (as defined under applicable law).

You represent and warrant that you are not a “covered entity” for purposes of the Health Insurance Portability and Accountability Act or any state equivalent.

8. Spam.

You may not use the Services to send unsolicited messages (also known as “spam”), or to send any communication to any recipient that has not authorized you to send such communication, or to send commercial or marketing messages of any kind.

You agree that you are the sole or designated sending party of any message or communication that you send in connection with your use of the Services.

Any message you send in connection with your use of the Services shall (i) accurately and in a non-deceptive manner identify you, (ii) not contain any deceptive or misleading content regarding the message’s subject matter, (iii) include your valid physical address; and (iv) comply with all applicable law. 

9. Prohibited Content.

1. You shall not, and shall not authorize or facilitate any attempt by another person to use our Services to:

    (i) Damage, disable, overburden, impair or interfere with any other party’s use of our Services;  
    (ii) Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services

    (iii) Use false or misleading information in connection with your user account or impersonate any other person living or dead, (you acknowledge that we reserve the right to disable any user account with a profile that we reasonably believe is false or misleading, including a profile that impersonates a third party);

    (iv) Upload or send any User Content that is unlawful, harmful, threatening, abusive, harassing, hateful, disparaging, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us in our sole discretion;

    (v) Upload or send User Content that depicts or advocates the use of illegal drugs, that characterizes violence as acceptable, glamorous or desirable, or that encourages conduct that would constitute a criminal or civil offense;

    (vi) Upload or send User Content that infringes another’s copyright, trademark or trade secret;

    (vii) Upload or send unsolicited advertising or unlawfully promote products or services;

    (viii) Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;

    (ix) Promote, solicit, or participate in any multi-level marketing or pyramid schemes;

    (x) Exploit children under 18 years of age;

    (xi) Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent;

    (xii) Create a false identity;

    (xiii) Engage in fraudulent activities, including but not limited to “phishing”;

    (xiv) Circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any User Content or Lightster Inc.’s Content;

    (xv) Introduce viruses, worms, Trojan horses and/or harmful code to our Services;

    (xvi) Use any robot, spider, site search/retrieval application or other automated device, process, or means to access, retrieve, scrape or index any portion of our Services or any Content; or

    (xvii) Violate any applicable statute, law, rule, regulation or court order.

We reserve the right to modify this list at any time in sole discretion.

10. Intellectual Property Rights.

You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive, source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.

Unless otherwise noted, all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by Canadian copyright law, trademark law, international conventions and other intellectual property laws.

11. Assumption of Risk.

Although we reserve the right to review or remove all User Content that appears in the Services, we cannot—and do not—take responsibility for any User Content that Participants and Researchers provide through the Services, and do not assume any responsibility for the accuracy or reliability of this information or any information exchanged between Researchers and Participants. We do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Project, or any communication between Creators and Lightsters. We are not responsible for the conduct of any Creator or Lightster in any way. It is your responsibility to take all necessary precautions in all interactions in connection with your use of the Services.

12. Indemnification.

You agree to indemnify, defend and hold harmless us and our officers, directors, employees and agents, at your expense, from any claims, damages, losses, liabilities and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your submission or solicitation of any User Content, (ii) your legal, illegal, authorized, or unauthorized use of our Services and all of your communication in connection with the Services, (iii) any Project, or (iv) any User or other third party’s use of any User Content that you submit to our Services. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

13. Copyright Infringement; DMCA Policy.

If you believe that any materials on our Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (i) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (ii) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Services or other pertinent information that will help us to locate the material; (iii) your name, address, telephone number and email address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (v) a statement that the information in your claim is accurate; and (vi) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to our Services is Copyright Agent, pat@lightster.co. In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

14. Third Party Sites.

Our Services may contain links to third party sites, which are independent of us and not under our control. These links are provided to you as a convenience only, and we are not responsible for the content. In addition, a link to any third party site does not imply that we endorse or accept any responsibility for the content or use of such site.

15. Disclaimer.

OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED“AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

IF THE LAW OF THE COUNTRY OR STATE WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS SECTION, THOSE EXCLUSIONS SHALL NOT APPLY.

16. Limitation of Liability.

1. Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

2. Limitation. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (i) $100.00 OR (ii) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, WITH RESPECT TO THE THEN-PRIOR TWELVE (12) MONTH PERIOD.

3. Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Release from Liability.

You release, to the fullest extent permitted by law, Lightster Inc., its directors, officers, members, employees, representatives, consultants, agents, suppliers and/or distributors from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with (i) disputes between or among Users; (ii) third party sites and services, including without limitation content found on such sites and services; and (iii) claims relating to the unauthorized access to any data communications or User Content stored under or relating to your account, including unauthorized use or alteration of such communications or your User Content.

18. Non-Canadian Users.

We make no representation that information on our Services is appropriate or available for use outside Canada. Those who choose to access our Services from outside Canada do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using our Services, you consent to having any User Content you provide, and any personal information that you provide as part of the account creation process transferred to and processed in Canada subject to the restrictions on such data as provided in our Privacy Policy posted through our Site from time to time.

19. Modifying and Terminating Service.

We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at your registered email address or Social Networking service, including, without limitation, for your violation of these Terms. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including without limitation making free services into paid services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice. You may terminate these Terms at any time by ceasing to use our Services.

Accrued obligations and all provisions of these Terms that by their nature should survive will survive any termination of these Terms.

20. Unsolicited Ideas and Feedback.

We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). If you send us any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.

21. Notice.

We may provide you notice to the email address you provide to Lightster Inc. during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process and you may give us notice to the address set forth on our Site as our address. In such case, notice shall be deemed given three days after the date of mailing.

22. Governing Law; Dispute Resolution.

These Terms, and any dispute between you and us, shall be governed by the laws of Canada without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction. You agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a provincial or federal court located in Toronto, Ontario, Canada, except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.

23. Miscellaneous.

You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our written consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Lightster Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

24. Minors.

Our Services are available only to, and may only be used by individuals who are 18 years and older and can form legally binding contracts under applicable law, or by individuals who are 13 years and older and have your parent or guardian’s consent. If you are a resident of the European Economic Area, you must be at least the age of consent under Article 8 of GDPR. If you are a parent or guardian and you discover that your child has created an unauthorized account on our Services, please contact us at info@lightster.co regarding such unauthorized account.

25. For Additional Information.

If you have any questions about these Terms, please contact us at info@lightster.co.

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