Terms and Conditions

Updated on: September 1, 2016

The terms of this agreement (these “Terms of Service”) govern the relationship between you and Hitcents.com, Inc. and its affiliates (“Hitcents”, “us”, “our” or “we”) regarding your use of our websites at www.hitcents.com and www.hitcentsgames.com (the “Sites”) or any related Hitcents software applications provided on a mobile platform (for example, iOS and Android) (collectively, the “Services”). Use of the Services is also governed by Hitcents’ Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Services, including browsing the Sites or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Services (an “Account”). By registering for an Account or otherwise using the Services, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Services from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.

Hitcents reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Hitcents Services. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Hitcents Privacy Policy, or any other Hitcents policy, rules or codes of conduct relating to your use of the Services, your license to use the Services shall immediately terminate, and you must immediately stop using the Services.

1. License

1.1. Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Hitcents policies, Hitcents grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

The following restrictions apply to the use of the Services:

You shall not create an Account or access the Services if you are under the age of 13. You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
You shall not sell, rent or give away your Account, create an Account using a false identity or information, or create an Account on behalf of someone other than yourself. You shall not use the Services if you have previously been removed by Hitcents or previously been banned from playing any Hitcents game.
You shall use your Account only for non-commercial purposes. You shall not use the Services to advertise, solicit or transmit any commercial advertisements, including without limitation chain letters, junk or spam e-mail or repetitive messages to anyone.

1.2 Login information and Your Account

During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you must immediately notify Hitcents and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that occurs through your Account.

Hitcents reserves the right to remove or reclaim any usernames at any time and for any reason, including without limitation claims by a third party that a username violates the third party’s rights.

The Services support only one Account per game on a supported device.

1.3 License Limitations

Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that Hitcents deems to be in conflict with the spirit or intent of the Services or make improper use of Hitcents’ support services.
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services or any Hitcents game experience or without Hitcents’ prior written consent, modify or cause to be modified any files that are a part of the Services.
Disrupt, overburden, aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Services or any Hitcents game environment.
Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services.
Attempt to gain unauthorized access to the Services, to Accounts registered to others or to the computers, Servers or networks connected to the Services by any means other than the user interface provided by Hitcents, including without limitation by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Services.
Post any information that is abusive, threatening, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive.
Post any information that contains nudity, graphic or excessive violence or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse or harm, or advocate or incite harassment, abuse or harm of, another person or group, including without limitation Hitcents employees and customer service representatives.
Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity or impersonates any other person, including without limitation a Hitcents employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Hitcents.
Solicit or attempt to solicit personal information from other users of the Services or collect or post anyone’s private information, including without limitation personally identifiable information (whether in text, image or video form), identification documents or financial information through the Services.

Hitcents reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Services themselves. Hitcents reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services in whole or in part.

1.4 Suspension and Termination of Account and Services

WITHOUT LIMITING ANY OTHER REMEDIES, HITCENTS MAY LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCOUNTS OR ACCESS TO HITCENTS SERVICES OR PORTIONS THEREOF IF YOU ARE, OR HITCENTS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND HITCENTS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

HITCENTS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Hitcents reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Hitcents shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.

You may terminate your Account at any time and for any reason by contacting our customer support at appsupport@Hitcents.com informing Hitcents that you wish to terminate your Account.

2. Ownership

2.1. Games and Services

All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Hitcents game client, and the Hitcents game clients and Server software) are owned by Hitcents. Hitcents reserves all rights, including without limitation all intellectual property rights or other proprietary rights, in connection with its games and the Services.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HITCENTS.

2.3. Virtual Items

Hitcents owns, has licensed, or otherwise has rights to use all of the content that appears in the Services or in Hitcents games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any Hitcents game, whether earned in a game or purchased from Hitcents, or any other attributes associated with an Account or stored on the Services.

3. User Content

3.1. "User Content"

means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Hitcents game client or the Services, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code; and you further acknowledge and agree that any of your personal information within such content will at all times be processed by Hitcents in accordance with its Privacy Policy. Hitcents reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

3.2. Content Screening

Hitcents assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Services.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time Hitcents chooses, in its sole discretion, to monitor the Services, Hitcents nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.3. Information Use by Other Members of the Services

3.3.1. Public Discourse

The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Hitcents cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Services. Hitcents shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.3.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. Hitcents may reject, refuse to post or delete any User Content for any or no reason, including without limitation User Content that in the sole judgment of Hitcents violates these Terms of Service.

3.4. License

You hereby grant to Hitcents an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to Hitcents the right to authorize others to exercise any of the rights granted to Hitcents under these Terms of Service. You further hereby grant to Hitcents the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Hitcents does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Hitcents has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.5. User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or Hitcents games. Hitcents reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Hitcents to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Hitcents access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

4. Fees and Purchase Terms

4.1. Purchases

In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including without limitation virtual cash, all for use in Hitcents games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Services, and not in any other way.

Hitcents may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Hitcents shall have no liability to you or any third party in the event that Hitcents exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including without limitation to Hitcents, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in Hitcents games is a service provided by Hitcents that commences immediately upon acceptance by Hitcents of your purchase.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Hitcents may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT HITCENTS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. Updates to the Services

You understand that the Services are constantly evolving. Hitcents may require that you accept updates to the Services and to the Hitcents games you have installed on your device. You acknowledge and agree that Hitcents may update the Services and Hitcents games, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play the Hitcents games.

6. Disclaimer of Warranties

WITHOUT LIMITING HITCENTS’ LIABILITY UNDER SECTION 7 BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HITCENTS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAMES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

HITCENTS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICES THEMSELVES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HITCENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HITCENTS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HITCENTS IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HITCENTS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HITCENTS’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HITCENTS IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Hitcents may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Hitcents’ liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF HITCENTS.

You agree to indemnify, defend and hold Hitcents harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. Dispute Resolution and Law

If a dispute arises between you and Hitcents, we strongly encourage you to first contact us directly to seek a resolution by contacting our customer support at appsupport@Hitcents.com. These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Services shall be governed in all respects by Kentucky law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Hitcents must be resolved exclusively by a court located in Kentucky.

9. Severability

You and Hitcents agree that if any portion of these Terms of Service or of the Hitcents Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

10. General Provisions

10.1. Assignment

Hitcents may assign or delegate these Terms of Service and/or the Hitcents Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Hitcents’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies

Hitcents may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

10.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Hitcents Privacy Policy), contain the entire agreement and understanding between you and Hitcents, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

10.4. No Waiver

The failure of Hitcents to require or enforce strict performance by you of any provision of these Terms of Service or the Hitcents Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Hitcents’ right to assert or rely upon any such provision or right in that or any other instance.

The written waiver by Hitcents of any provision, condition or requirement of these Terms of Service or the Hitcents Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers or other acts or omissions by Hitcents shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Hitcents.

10.5. Notices

We may notify you via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Hitcents Privacy Policy shall be in writing and addressed to: Hitcents.com, Inc., 900 Church St. Bowling Green, Kentucky 42103. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Hitcents are of a unique and irreplaceable nature, the loss of which shall irreparably harm Hitcents and which cannot be replaced by monetary damages alone so that Hitcents shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

10.7. Force Majeure

Hitcents shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Hitcents, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Hitcents’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

10.8 Carrier Fees

By accessing the Services through a mobile or other device, you may be subject to charges or fees from your Internet or mobile service provider. If you are unsure, please check with your provider before accessing the Services, as you will be solely responsible for any such charges or fees.

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