Victory Plastic, Inc. a.k.a. Victory VCI Terms and Conditions of Sale

 

Acceptance by Seller of Buyer’s offer to purchase is expressly conditioned upon, and subject to, the following terms and conditions:

 

Overview:

This website and Victory VCI storefronts on Amazon, Etsy and Ebay are operated by Victory VCI. Throughout these sites, the terms “we”, “us” and “our” refer to Victory VCI. Victory VCI offers this website and storefronts on Amazon, Etsy and Ebay, including all information, tools and services available from this site and Victory VCI storefront on Amazon, Etsy and Ebay to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our sites and/or purchasing something from us via our website or Amazon.com, Etsy.com and Ebay.com, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of these sites, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website or buying from us. By accessing or using any part of the site or buying from us via our storefront on Amazon, Etsy or Ebay, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access this website or storefronts on Amazon, Etsy and Ebay or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website or storefronts on Amazon, Etsy or Ebay. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or our Amazon, Etsy or Ebay storefronts following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on 1and1.com, Amazon, Etsy and Ebay. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Online Store Terms:

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

General Conditions:

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the websites through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Accuracy, Completeness and Timeliness of Information:

We are not responsible if information made available on these sites is not accurate, complete or current. The material on these sites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on these sites is at your own risk.

These sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these sites at any time, but we have no obligation to update any information on our sites. You agree that it is your responsibility to monitor changes to our sites.

 

Products or Services (if applicable):

Certain products or services may be available exclusively online through the websites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the stores. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on these sites is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Accuracy of Billing and Account Information:

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

Optional Tools:

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through these sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

Third-Party Links:

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on these site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

User Comments, Feedback and Other Submissions:

Victory Plastic, Inc. is pleased to hear from users and welcomes your comments regarding Victory Plastic, Inc.’s programs and services. Victory Plastic, Inc.’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, pictures or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Victory Plastic, Inc.’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, “Comments”), they shall be deemed, and shall remain, the property of Victory Plastic, Inc., and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to Victory Plastic, Inc. Disclosure, submission, or offer of any Comments shall constitute an assignment to Victory Plastic, Inc. of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. Victory Plastic, Inc. may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Victory Plastic, Inc. and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. Victory Plastic, Inc. is and shall be under no obligation to: (1) maintain any of your or any user’s Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user’s Comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Merchants:

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Victory Plastic, Inc. will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.

 

Termination:

Victory Plastic, Inc. may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to Victory Plastic, Inc. of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Victory Plastic, Inc. may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Victory Plastic, Inc. and its licensors.

 

Minors:

If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Service; and (c) the consequences of any use of the Service by such Minor. Children under the age of 13 should not register for any Service hereunder. At various places on the Service, we ask whether users are under the age of 18 or 13. Victory Plastic, Inc. relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.

 

Child Online Protection Act Notification:

Pursuant to 47 U.S.C. Section 230(d) as amended, Victory Plastic, Inc. hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html. To view information on our policy regarding the privacy of children under the age of 13, please see our privacy policy.

 

Personal Information:

Your submission of personal information through the stores is governed by our Privacy Policy. To view our Privacy Policy.

 

Errors, Inaccuracies and Omissions:

Occasionally there may be information on our sites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

Prohibited Uses:

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using these sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Offer and Acceptance:

Buyer's order constitutes an offer to Seller, which is subject to written acceptance by Seller.  Seller's written acceptance may be in the form of an order acknowledgment, written sales contract, contemplating transactions over a particular period of time, or in the form of an invoice issued in conjunction with the delivery of Product ordered by Buyer.  Any of the aforementioned acceptances by Seller shall incorporate these Terms and Conditions. Pricing is for single production run. Customer assumes responsibility for packaging sizing and compatibility testing with product.

 

Payment Terms & Credit:

Unless indicated otherwise and mutually agreed upon terms have been reached in writing, payment terms shall be In Advance.  If agreed to Net 30, Buyer agrees to pay interest on past due invoices at the monthly rate of 1.5% (18% per annum), payable on the first day of default and on the first day of every month thereafter until paid in full. Buyer also shall pay to Seller, on demand, all expenses, including reasonable legal fees, incurred by Seller in protecting or enforcing any of its rights under this Agreement. Seller may, at its sole discretion, grant credit to the Buyer in respect of Product purchased hereunder upon such terms and conditions as Seller may establish from time to time. Buyer agrees and acknowledges that Seller may at any time refuse to grant or extend credit to Buyer, or that Seller may demand immediate payment of all indebtedness outstanding in respect of Product purchased hereunder.

 

Taxes:

In addition to the purchase price for product, you will be invoiced and responsible for all applicable sales, use, and similar taxes on account of the sale of the product from us to you.  Any tax, excise or governmental charge, imposed on the production, sale, use or transportation of or value added to any material sold here under which Seller may be required to pay (other than income or gross receipts taxes of Seller) shall be paid by Buyer to Seller in addition to the purchase price. Buyer shall provide Seller, upon request, with completed exemption certificates for any tax from which Buyer claims exemption.

 

Delivery & Force Majeure:

Shipping dates are approximate and based upon Seller's best efforts. Seller shall be excused from a failure to perform this sales transaction and delivery because of causes beyond the control of Seller including, but not limited to acts of God, casualties, labor disturbances, or inability to obtain transportation or materials and Seller shall be subject to no penalty or liability for such failure and shall in no event be held responsible for loss of profits, damages incurred by the Buyer, its customers, or other incidental or consequential damages that may result there from. When resin prices increase during the tenure of this purchase order, we reserve the right to immediately increase the price(s) for all products listed by the amount of that increase. In the event that resin producers institute a “Force Majeure” event, we reserve the right to adjust listed prices and/or shipment dates in accordance with our ability to purchase resin.  Prices are subject to change without notice.

 

Inspection and Claims:

Buyer shall inspect and test all Product delivered hereunder for damage, defect or shortage upon receipt and before use or incorporation into any manufacturing or other process, and shall notify Seller of any damage, defect, or shortage within 24 hours of receipt.  Buyer assumes all risks for use of non-conforming Product. All claims for any cause whatsoever, whether based in contract, negligence, or other tort, strict liability, breach of warranty or otherwise, shall be deemed waived unconditionally and absolutely unless Seller receives written notice of such claim not later than thirty (30) days after delivery. Buyer hereby extends to Seller right of entry upon the premises of Buyer or its agents, in order for Seller to inspect the Seller goods sold hereby. Buyer agrees to cooperate with Seller to determine the cause of any claimed defects, including, but not limited to, extending to Seller the right to process, run, and operate any and all equipment or machines of Buyer or its agents used to process or fabricate Seller's goods. Seller retains the right to inspect the use by Buyer or its agents of the Seller's goods to determine the validity and cause of any defects claimed by Buyer in Seller's goods.

 

Holiday Return Policy – Victory Website and Amazon.com and Etsy.com via Victory VCI:

Items shipped from our website or Amazon.com, Etsy.com or Ebay.com via Victory VCI Storefront between November 1, 2018 and December 31, 2018, may be returned until January 31, 2019, for a full refund, subject to our other return guidelines listed below.

 

Return Policy – Victory Website and Amazon.com via and Etsy.com Victory VCI:

Items shipped from our website or Amazon.com, Etsy.com or Ebay.com via Victory VCI Storefront, can be returned within 30 days of receipt of shipment in most cases. Some products have different policies or requirements associated with them.  Victory Plastic, Inc. is not responsible for any returns associated with any other 3rd party vendors.  No return of goods or merchandise by Buyer to Seller shall be considered a return of merchandise for credit accepted by Seller, regardless of the conduct of Seller in regard to the goods so returned, without the prior written authorization by Seller of such return.

 

Cancellation:

This order cannot be canceled other than in writing. Upon receipt of written Notice of Cancellation, Seller will take all reasonable actions to minimize additional expenses; however, Buyer will be responsible for portions of orders completed at the rate specified plus all expenses incurred by Seller in connection with the order and its cancellation.

 

Limited Warranty:

The warranties described in this paragraph are in lieu of all other warranties. Seller warrants that the Product supplied by Seller to Buyer shall, when delivered, conform to the written specifications that have been agreed to by the parties in writing. SELLER EXPRESSLY LIMITS ITS WARRANTY TO THE TERMS SET FORTH ABOVE AND HEREBY EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED, IN PARTICULAR EXCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE, WHETHER OR NOT THAT PURPOSE IS KNOWN TO SELLER. SELLER LIKEWISE LIMITS THE REMEDIES AVAILABLE TO replacement of the defective Product or refund of the purchase price paid therefore, as Buyer elects. IN NO EVENT SHALL SELLER'S LIABILITY EXCEED THE COST OF THE PRODUCT FURNISHED IN ACCORDANCE WITH THIS LIMITED WARRANTY, AND SUBJECT TO ANY CLAIM HEREUNDER. IN NO EVENT SHALL THIS WARRANTY BE EXPANDED BY ANY ADVICE, EXPERIMENTATION OR OTHER PARTICIPATION WHICH SELLER MAY RENDER, IN THE DESIGN, DEVELOPMENT OF MATERIALS, TOOLS, PARTS, ETC., FOR BUYER'S USES OR PRODUCTS. WHETHER RELATED TO FUNCTIONAL OR AESTHETIC PURPOSES, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, OR ANY OTHER FORM OF CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER.

 

Indemnification:

Buyer assumes all risk and responsibility for handling of the Product following delivery, for the results obtained by the use of the Product in a manufacturing process or otherwise, and for the results obtained by the use of the Product in combination with other substances, irrespective of the fact that such use or handling of Product is in accordance with any description, advice or suggestion of Seller.  Buyer will indemnify Seller against any liability (whether strict or otherwise) for any claim, loss or expense, direct or indirect, on account of any injury, disease or death of any person (including Buyer's employees) or damage to property (including Buyer's) arising out of Buyer's transportation, storage, handling, sale, use in any manufacturing process or disposal of the Product. The provisions of this paragraph will survive expiration or other termination of this Agreement.

 

Infringement Policy:

Victory Plastic, Inc., pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Victory Plastic, Inc. accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Victory Plastic, Inc., has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Victory Plastic, Inc., in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

 

By mail:

Victory Plastic, Inc., PO Box 60912 Houston, TX  77205-0912

 

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

 

A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

 

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

 

Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

 

Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

 

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

 

Severability and Waiver:

Should any provision hereof be or become illegal or unenforceable, the remaining provisions shall remain in force and be binding upon the parties.  Any waiver by a party of the other's breach of any term or condition of this Agreement shall not be construed as or be deemed to be a waiver of any future breach of such term or condition.

 

Sole Agreement:

This contract contains the entire agreement of the parties, and no representations, inducements, promises, or agreements, or otherwise between the parties not embodied herein shall be of any force or effect.

 

Assignment:

This Agreement may not be assigned in whole or in part by Buyer, whether by operation of law or otherwise, without the express prior written consent of Seller.

 

Applicable Law:

The rights and duties of all persons and the construction and effect of all provisions hereof shall be governed by and construed by the Uniform Commercial Code as enacted and enforced in the State of Texas.

 

Confidentiality:

You agree to keep the terms and conditions of this purchase order confidential.

 

General:

In the event legal means are necessary to collect an invoice, customer agrees to pay all legal fees and collection charges. This purchase order will be interpreted and governed according to the substantive laws of Texas. Venue for any legal action arising out of this purchase order shall be exclusively in the state or federal courts in Harris County, Texas.

 

Changes to Terms of Service:

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our websites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Disclaimer:

Victory VCI data contain general information and describes typical properties only. Only persons qualified to determine for themselves the suitability of our products for particular purposes should evaluate its potential uses.  No guarantee is made or liability assumed, the application of this data and the products describes herein being at the sole risk of the user.  Samples are provided to the requestor on an “AS IS, WHERE IS” evaluation purpose only basis, solely under the use and direction of the requestor, without warranty of any kind (either express or implied), including but not limited to any implied warranties of merchantability and fitness for a specific or general purpose and those arising by statute or by law, or from a cause of dealing or usage of trade.  In no event, regardless of cause, shall Victory Plastic, Inc. a.k.a. Victory VCI be liable for any indirect, special, incidental, punitive or consequential damages of any kind, whether arising under breach of contract, tort (including negligence), strict liability or otherwise, and whether based on this agreement or otherwise, even if advised of the possibility of such damages.

 

Contact Information:

Questions about the Terms of Service should be sent to us at info@victoryplastic.com.

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