Account Holder Terms of Service

Our Terms of Use, Terms of Service and Privacy Statement describe the rules regarding your use of the websites and/or account registration on which a link to these Terms of Use, Terms of Service and Privacy Statement appear (collectively the Terms of Service). The Terms of Service are owned or controlled by Planet Pulse, inc., a Malaysia corporation, and its subsidiaries and affiliates (collectively Planet Pulse). Throughout these Terms of Use, when we use the words we, our, or us, we mean Planet Pulse. We may change the Terms of Service at any time. Your continued use of the Terms of Service means you agree with the most-current version of the Terms of Use, Terms of Service and Privacy Statement, all of which can be found on the Planet Pulse website (www.planet-pulse.com) (the Site). As a registered user of the Planet Pulse sevice, we ask you to regularly review the Terms of Service

Key Elements of the Planet Pulse services are summarized below:

The central principle of the Service is to provide you with a framework to capture your information in the form of a profile. You can update, change or delete information as you require. We merely present you with a framework to capture and manage your truthful information.
Any Businesses wishing to communicate with you through the Service, must first respect your requirement to remain anonymous.
Businesses which acknowledge your privacy are permitted to communicate with you (anonymously) through the Service.

Please note that the above is a summary only and is not intended to be representative of the entire terms of the Terms of Service. It is your responsibility to ensure that you understand the Terms of Service before you agree to join the Service. If you have any questions please contact us with your enquiry at frontdesk@planet-pulse.com.

In these Terms of Service the following terms are used:

This site together with any other websites owned and operated by Planet Pulse or any of its affiliates (the Network).
Persons who have registered for the Service, with the intention of utilizing the Planet Pulse service (Account Holders)
The process of providing the Planet Pulse service to enable Businesses to send you relevant Messages in exchange for payment for your interactions (the Service)
Any third party entity using the Planet Pulse's service to send information to Account Holders (Businesses).

1. YOUR LICENSE TO USE THE TERMS OF SERVICE.

You are granted a limited, non-exclusive license to use the Terms of Service and the information, text, visual images, products, and services made available by Planet Pulse (Content) solely for your personal non-commercial use, and in accordance with these Terms of Service. Planet Pulse reserves all rights to the Service and the Content.

2. REGISTRATION AND USE.

2.1 Purpose
The Service enables Businesses to select your profile and request your attention and feedback to advertising marketing and market research communications via the Service framework (Messages). Businesses will pay you for completing a Message and pay you for your attention and feedback (where appropriate) whilst maintaining your privacy and anonymity to those Businesses. The Service and its component elements are exclusively, permission based which requires all Account Holder to Opt-in. That means the choice of joining and continuing to take part in the Service and level of participation is entirely yours.

2.2 Planet Pulse Account Information
To join the Service you must validly provide information into your Planet Pulse Account. Provided you have complied with and agreed to the Terms of Service you will be issued with a user name and password.

You must keep your user name and password confidential and must not reveal your password to anyone. You are entirely responsible for any and all activities that occur under your Planet Pulse Account. Planet Pulse will not be liable for any losses or damage incurred as a result of the unauthorized use of your user name or password.

You agree to notify us immediately in the event of any unauthorized use of your Planet Pulse Account or any other breach of security. Notification should be made by email to frontdesk@planet-pulse.com

2.3 Your Money
Planet Pulse will hold all funds generated by the provision of the Service. Planet Pulse will on your behalf maintain a credit against your name for all funds paid by a Business to you. No money will vest in you as a Planet Pulse Account Holder until that money is paid to you or at your direction as permitted under these Terms of Service. Nothing in these Terms of Service creates an obligation on Planet Pulse as agent, trustee or any other fiduciary relationship for you as a Planet Pulse Account Holder.

Planet Pulse will retain financial information relating to your Transaction Record. To the extent possible, Planet Pulse will store this information in a non identifying form. Particulars of the amount standing to your credit will be clearly displayed as your Account Balance accessible after you log into your Planet Pulse account.

2.4 Transferability
Your Planet Pulse Account, password and user name is personal to you and is not transferable under any circumstances.

2.5 Accurate Information
You may only use the Service for lawful purposes. You are also responsible whenever your user id and password is used, and any and all related charges (for instance, charges related to ordering certain services), whether or not authorized by you.

You must provide us with valid and truthful information. In particular you agree that the information provided on the Planet Pulse registration screens, together with any other personal contact details are valid and correct.

You must inform us of any change in the information provided by you on the Planet Pulse registration screens (including but not limited to email address/street address and other personal contact information) as soon as practicable. See Conditions of Use below.

You further agree to use reasonable efforts to keep any other information provided up to date. As one of the conditions of your use, you warrant and represent that you are a genuine or bona fide Account Holder and that you are not using the Terms of Service for any other purpose. It is YOUR RESPONSIBILITY to ensure that your use of the Service complies with these Terms of Service and any notices received by you from Planet Pulse.

Before using the Terms of Service, you warrant and affirm that you will NOT:

Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
Delete any author contributions, legal notices or proprietary designations or labels that you upload to any communication feature;
Upload or transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
Delete or revise any material posted by another person or entity;
Use the Network to send unsolicited messages.
Use, post or transmit any material of any kind which Planet Pulse considers, does or is likely to damage the Businesses or the reputation of Planet Pulse; and
Provide any information that: (a) is false, inaccurate, misleading or incomplete; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade-libelous, unlawfully threatening or unlawfully harassing; and (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

2.6 Authentication of Information
We reserve the right at our discretion to request verification of, or verify on your behalf, any information provided by you, including but not limited to the information provided on the Planet Pulse registration screen. Participation in the Service Unless we explicitly state otherwise, use of this Service is limited to:

individuals 14 years of age or over.

2.7 Conditions of Use
The following are the principal conditions of your use of the Service. We reserve the right to terminate your use of the Service should you violate or fail to comply with any of the following conditions:

you may only apply for and maintain one Planet Pulse account;
the information you provide on the Planet Pulse registration screens must be your details and must be complete, valid, truthful and correct and you must keep this information up to date by accessing "edit personal details";
you must update the information contained in any questionnaire or survey sent by Planet Pulse on a regular basis in a manner prescribed by Planet Pulse;
you must validate your e-mail address (and cell phone number if provided) by entering the validation code sent to your nominated e-mail address where prompted within a reasonable period of time after registering for the Service;
you may not join nor use this Service on behalf of another person;
you must not use anyone else's Planet Pulse Account; and
you agree to receive Messages either by Internet, cell phone or both (see Receiving communication below).

3. OUR PATENTS, COPYRIGHTS AND TRADEMARKS.

The Service belongs to or are licensed to us. The Service is protected by patent, trademark, and copyright laws. There are some important rules about using the Service. You may e-mail, download, or print copies of our communications, but only for your personal, non-commercial use. Except as otherwise provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content. When you e-mail, download, or print a copy of the communications or content, you must also include all copyright and other notices on the content, including the copyright notice on the bottom of the page.

If you use the content and intellectual property of the Planet Pulse service in a way that is not clearly allowed by these Terms of Service, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Service. Title to the content and intellectual property remains with us or with the authors of the content and intellectual property contained in the Service. All rights not expressly granted are reserved.

TERMS OF SERVICE

1. MESSAGES

1.1 Receiving Communications
It is a condition of your use of the Service that you agree to receive messages from Businesses via the Internet (using the Network) and you may also elect to receive messages via your cell phone (in the form of SMS or MMS messages) (Messages). Following registration, Planet Pulse will send a validation code to your e-mail address and cell phone number (if provided). You will then be required to insert these details in the Site where prompted to validate your Internet and cell phone delivery channels.

Should you at any time wish to discontinue receiving Messages then you can do so by cancelling your Planet Pulse Account and discontinuing your use of the Service (see Termination information below)

1.2 Message Content
All content contained in a Message (Message Content) is provided by Businesses and does not incorporate any recommendation or an endorsement by Planet Pulse or their directors or employees or any related party.

Any offer contained in a Message (Message Offer) is made by the Business and not by Planet Pulse. Please refer to the section titled No Offer Of Information, Products Or Services.

The Business sending the Message is solely responsible for the accuracy and suitability of the Message Content and any Message Offer. Planet Pulse makes no express or implied warranty about the nature of any Message Offer or the Message Content and will not be liable for any losses or damages you may suffer attributable to the Message Offer or Message Content.

In the event you have any complaints or enquiries please contact Planet Pulse in the first instance at frontdesk@planet-pulse.com and we will endeavor to resolve the issue on your behalf.

Messages may contain Hyperlinks and in this respect you should refer to the section titled Hyperlinks and Frames below.

1.3 Business Initiated Messages
Planet Pulse requires any Business sending you a Message to make you an offer of a cash payment (Cash Offer). The amount of the Cash Offer is pre-determined by us (unless we notify you otherwise).

1.4 Internet Messages.
These are Messages from the Business delivered by the Internet through the Network and contain a response element in the form of questions and answers.

1.5 Cell Phone Message (View Only).
These are Messages from the Business, delivered by cell phone (via (text) SMS or MMS) and do not contain a response element.

1.6 Cell Phone Message (Response).
These are Messages from the Business, delivered by cell phone (via (text) SMS or MMS) and contain questions and a response element.

2. OWNERSHIP AND DISCLOSURE OF INFORMATION

2.1 Your Information and Ownership of Information
The information you provide in the Planet Pulse registration screen or otherwise, forming part of a completed Message is, unless notified otherwise, belongs to you (Your Information). You can update, alter or delete Your Information at any time (subject to these terms).

Planet Pulse will keep a record of Your Information, and subject to these Terms of Service, you may alter, update, or delete Your Information, at any time by accessing your Planet Pulse Account.

For further information on our commitments for the use, disclosure, access to and security of Your Information please refer to our Privacy Statement. Your Information does not include the responses you provide to Businesses by answering questions in their Messages or your Transaction Record. Once you have submitted your responses to questions in a Message, you cannot alter them. These responses are provided to the Businesses in an aggregated, grouped and anonymous form.

3. EARNING MONEY THROUGH THE SERVICE

3.1 Earning money from Business Initiated Messages
Business Initiated Messages will contain a Cash Offer. You will first receive a Notification of the type of Message, the Business, the amount of the Cash Offer and the date on which the Message expires (Expiry Date). To be entitled to the Cash Offer you must:

respond in full by answering the questions and submitting your answers, prior to the Expiry Date.

You are not obliged to view, respond or take any action in relation to a Message (although you should note the provisions detailed in Termination of Use regarding non-use).

In respect of each Message, you are only entitled to receive the Cash Offer once. We may allow you to view a Message multiple times, however once you have become entitled to the Cash Offer, the Cash Offer will expire. The successful delivery of the Message relies on the network of Internet servers and the cell phone network carriers and while we will endeavor to ensure that you receive the Message as prescribed by these Terms of Service we are not liable to you in the event that Message is received following the Expiry Date (in which case you will not be entitled to the Cash Offer) or in the event you receive the Message more than once (for which you are only entitled to the Cash Offer once).

Please note that we do not make or imply any representations regarding the amount of money you can earn by using the Service or by being an Account Holder.

3.2 Liability for Cash Offer
You acknowledge that a Cash Offer, is an offer made to you by Businesses and except in the case of a Planet Pulse Message, is not in any way an offer made by Planet Pulse.

Planet Pulse will receive the funds for all Messages from Businesses and will always endeavor to ensure that Businesses comply with their obligations to deposit the appropriate funds into our Account. Credits earned by Account Holders through their participation in the Service will not be available for redemption until payment has been in received in full from the respective Business and Planet Pulse will not be liable to you for any loss you may suffer in the event that Business do not comply with this obligation.

In the event that the Business defaults on its obligation to pay the Cash Offers to Planet Pulse, Planet Pulse may, without obligation take any action we deem appropriate to recover these funds.

3.3 Crediting your Planet Pulse Account
Planet Pulse will make reasonable efforts to credit your Account with your entitlement within 24 hours from the time a survey is completed and unredeemed credits will expire after 24 months.

3.4 Planet Pulse Account Payment - Bank Account
You may elect to redeem your credits by choosing one of the payment methods offered on the Site. These include making a withdrawal request into your bank account or redeeming credits in redirect partner programs (as detailed in the Redirect Partner section of these Terms of Service).

Once you have $25.00 (or more) credited to your Planet Pulse Account you may have your entitlement paid into your personal bank account (Withdrawal Request) provided that the Withdrawal Request relates to a sum of at least $25.00 but not more than $50.00 in any 24 hour period. The process of making a Withdrawal Request is detailed at the Planet Pulse accounts page. Planet Pulse will not be obliged to pay you any money until you have accumulated at least $25.00.

Once Planet Pulse receives your Withdrawal Request, payment will be made in accordance with your direction (Instructions) within 45 days. All bank or transfer charges shall be borne by you.

From time to time, you may be able to pay for certain services Planet Pulse provides on the Site (such as sending text messages), or to make payments to third parties (e.g. charities) without the requirement to have accumulated $25.00 into your Planet Pulse Account. You will be notified of any minimum requirement to process these payments and any further applicable conditions on the Site.

If your Planet Pulse Account is cancelled or terminated for any reason, any entitlements will be dealt with in accordance with the Termination Conditions Sections of these Terms of Service.

3.5 Responsibility and Liability for Payment and Taxation
You are entirely responsible for ensuring the accuracy of the information provided when making a payment request. Planet Pulse will not be liable to you for any loss, cost or damage in respect of any payment made in accordance with your instructions for payment. You agree and accept that Planet Pulse may make an administration charge in the event that you provide incorrect details and you expressly authorize Planet Pulse to deduct these charges from your Planet Pulse Account.

Planet Pulse will not be liable to you for any errors made by any third parties in relation to your Planet Pulse Account or any payment request.

No interest will be paid on any funds accruing in your Planet Pulse Account, and your account has no monetary value until the point in time when the money, the subject of a withdrawal request, is validly redeemed.

Planet Pulse will maintain Planet Pulse Account Holders' credit card information, bank account details and service account details as provided for in our Privacy Statement.

You are entirely responsible for assessing the taxation implications and any liability applicable on funds received from your use of the Service.

3.6 Transactions Record
Planet Pulse will maintain a record of money earned by you. Planet Pulse will record funds to which you may be entitled and other Planet Pulse Account information (Transaction Record). A Transaction Record will be accessible by you (using your Planet Pulse Account details), and will only be used by Planet Pulse for the purpose of providing the Service and managing the funds. You must ensure the privacy and confidentiality of your Transaction Record.

4. REDIRECT PARTNERS

4.1 General
From time to time, you may be given the opportunity to convert money accumulated in your Planet Pulse account into partner credits to be redeemed for certain products or services provided by third parties (Redirect Partners) and promoted on the Site (such as sending text messages).

Planet Pulse will integrate Redirect Partners into the service at its discretion. As an example, Redirect Partners may include charities, petrol companies, e-commerce retailers, media companies and the like. Planet Pulse reserves the right to change the range of products and services available for redemption of money standing to the credit of your account credits.

Each Redirect Partner redemption process will be implemented as a separate program. The specific terms of each program will be communicated to Account Holders via the Site or by authorized communication from Planet Pulse to Account Holders.

4.2 Automatic Redirection
In certain cases Account Holders will be given the opportunity to either:

automatically lock into converting future Planet Pulse credits earned through the Service into credits to be used exclusively to purchase Redirect Partners products or services; or
convert Planet Pulse credits previously earned through the Service into Redirect Partner credits on a case by case basis.

The Redirect Partner or Planet Pulse may offer a premium incentive to Account Holders who choose to lock in and commit to redirecting future credits to the Redirect Partner. Planet Pulse may charge an administration fee for Account Holders who elect to convert credits on a case by case basis.

Account Holders who choose to automatically lock in their future credits will not be permitted to reconvert them back to Planet Pulse credits without the express permission of Planet Pulse.

4.3 Conversion rate and minimum redemption value.
Unless stated otherwise, 100 Planet Pulse credit will be converted into $1.00 partner credit. Planet Pulse may elect to fix the minimum or maximum value of partner credits that can be redeemed at any one time. Planet Pulse reserves the right to change the number of required partner credits to make any such redemption from time to time and as communicated via the Site.

4.4 Redirect Partner Terms and Conditions
Unless stated otherwise, the products and services promoted on the Site as being provided by the Redirect Partner are supplied by that Redirect Partner and not by Planet Pulse. Account Holders using partner credits (and cash) to purchase such products or services do so directly from the Redirect Partner and not Planet Pulse. Such purchases are made according to the Redirect Partner's standard terms and conditions (governing for example delivery, refunds etc) and to the extent that these apply, Account Holders will be given the opportunity of reviewing these terms and conditions prior to redeeming the credits. Any offers or representations made by Redirect Partners are made by the Redirect Partner only and Planet Pulse does not make any warranties, guarantees, or representations regarding the quality of, or assurance of any advertisement or any merchandise, products, or services offered or provided by third party companies participating in a Redirect Partner program. Planet Pulse will not be responsible or liable to you for any losses you may suffer in the event that the Redirect Partner fails to comply with its obligations in this respect.

4.5 Termination of the Redirect Partner Program
In the event that the Redirect Partner program is terminated or discontinued, any Redirect Partner credits accruing in Account Holders Planet Pulse accounts at that time, will be converted back in Planet Pulse credits. Planet Pulse may at its own discretion grant Account Holders a certain period within which to redeem their Redirect Partner credits before such reconversion takes place.

Planet Pulse is not responsible for changes to, or discontinuance of any Redirect Partner program by third party companies.

4.6 Account Disputes
If you wish to dispute any information relating to a Transaction Record, you should contact Planet Pulse and describe the nature of the discrepancy via complaints or enquiries frontdesk@planet-pulse.com. After investigation of the dispute, Planet Pulse will notify you of the results of the investigation. Any determination made by Planet Pulse will be full and final (without affecting any of your statutory rights).

5. NO WARRANTIES

All content on the Service is provided to you on an as is, as available basis. We hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the accuracy, completeness, currency, or reliability of any content or data available through the Service. We make no representations or warranties that use of the Service will be uninterrupted or error-free. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the Service is free of viruses and any other potentially destructive computer code.

6. LIMITATION OF LIABILITY.

YOU AGREE THAT NEITHER PLANET PULSE NOR ANY PERSON OR COMPANY ASSOCIATED WITH PLANET PULSE, WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR OF ANY CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS PLANET PULSE, INCLUDING ALL PARENTS, SUBSIDIARIES, AND AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF PLANET PULSE, INCLUDING ALL PARENTS, SUBSIDIARIES, AND AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES WILL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $500.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT WILL PLANET PULSE, INCLUDING ALL PARENTS, SUBSIDIARIES, AND AFFILIATE COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR MATERIALS ARE EXCLUDED EVEN IF PLANET PULSE. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. INDEMNIFICATION

You agree to indemnify and hold Planet Pulse, its parents, subsidiaries and affiliated organizations, and their directors, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your Planet Pulse Account, the Site, the Network or your violation of these Terms of Service

8. OTHER RULES ABOUT THE SERVICE.

You may be subject to additional terms that may apply when you access particular services or content on certain areas in the Service, such as when you purchase certain services, or by following a link from this Service. The ways that we keep and use information that we gather through the Service are described in the Privacy Statement.

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect. No waiver of any of these Terms of Service will be deemed a further or continuing waiver of such term or condition or any other term or condition. If you violate these Terms of Service, in a way that causes harm to others, you agree to indemnify and hold Planet Pulse harmless against any liability for that harm.

These Terms of Service are governed by the internal substantive laws of Malaysia, without respect to its conflict of laws principles. Any controversy or claim arising out of or relating to these Terms of Service, the Terms of Use or the Privacy Statement, or your use of the Service, will be settled by binding arbitration in accordance with the commercial arbitration rules of Malaysia. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Malaysia. Use of the Service is unauthorized in any jurisdiction of Malaysia that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Given the nature of these terms, you understand and agree that, in addition to money damages, Planet Pulse will be entitled to equitable relief, including any interim or preliminary relief, upon a breach of them by you. You hereby consent to the jurisdiction of Malaysia courts for that purpose.

9. DISPUTE RESOLUTION.

All questions or disputes relating to the Service including the Terms of Service should be submitted to Planet Pulse.

We will endeavor to resolve any disputes expeditiously. All interpretations of the Terms of Service will be conducted at our sole discretion. In the event that we make an error such error will not constitute a breach of the Terms of Service.

10. CANCELING YOUR REGISTRATION.

You may cancel your registration at any time. To cancel your registration, contact us in the ways described in the notice section at the bottom of these Terms of Service.

We may modify or discontinue the Service, immediately terminate, limit your access to, suspend your membership account or cencel your registration, at any time without prior notice to you.

Causes for such termination, limitation of access or suspension shall include,

Invalid email address
Unforeseen technical or security issues which might affect our Service and mode of operations.

You agree that we will not be liable to you or any third party as a result of such modification, discontinuation, or cancellation and any Pulses acquired within your membership account will be expired with immediate effect. Your obligations under these Terms of Service will survive cancellation.

11. QUESTIONS, COMMENTS, AND NOTICES.

If you have any questions, comments, or notices for us, please contact us at: frontdesk@planet-pulse.com. We may deliver notice to you by electronic mail, a general notice on the Terms of Service, or by written communication delivered by First Class Malaysian Mail to your address on record.

12. TO CANCEL REGISTRATION.

Please login to your member main page and click on "Cancel Membership".

13. THANK YOU

We are very grateful to you for taking the time to familiarize yourself with these Terms and for being part of this World first service. We at Planet Pulse will always honour your contribution.


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