1. BACKGROUND
This is the official privacy policy and statement of California privacy rights ("Privacy Policy") of Momversation, a product of Cool Mom, LLC (“MOMVERSATION” or “us”) and related websites (collectively, the "MOMVERSATION WEBSITE", or "Website") and is part of and subject to the terms of use for THE MOMVERSATION WEBSITE (the “Terms of Use” or “Agreement”), which can also be found at THE MOMVERSATION WEBSITE. Any terms that are not defined in this Privacy Policy shall have such meanings as are set forth in the Terms of Use. By using THE MOMVERSATION WEBSITE or any of the updates and by providing information through or at THE MOMVERSATION WEBSITE, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this Privacy Policy, do not use THE MOMVERSATION WEBSITE, or provide any information through or at THE MOMVERSATION WEBSITE.
This Privacy Policy is intended to apply only to the Personal Information collected by MOMVERSATION as a result of your use of THE MOMVERSATION WEBSITE and does not cover any information collected in any other manner, for any other purpose or by any other web site or enterprise. For purposes herein, when we refer to “Personal Information,” we mean information such as your name, address, telephone number, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with THE MOMVERSATION WEBSITE, if you have been a user or you have provided this type of information to MOMVERSATION. Your provision of such Personal Information may enable you to participate in beta tests, contests, promotions, trial offers, chat rooms, on bulletin boards, to receive text messages and/or emails, to subscribe to newsletters or mailing lists, or to purchase products, content and services using THE MOMVERSATION WEBSITE.
MOMVERSATION reserves the right, without advance notice to you, to revise this Privacy Policy at any time by posting the revisions and/or the revised Privacy Policy on THE MOMVERSATION WEBSITE. Such revisions shall be effective to you immediately upon posting. MOMVERSATION encourages you to check this Privacy Policy and our Terms of Use often for updates. MOMVERSATION may also e-mail you about any changes to this Privacy Policy when they have been made. Keeping the Personal Information you share with us on THE MOMVERSATION WEBSITE secure and ensuring your understanding of how MOMVERSATION collects, uses, discloses and maintains your Personal Information is important to MOMVERSATION. MOMVERSATION endeavors to maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information.
2. RESTRICTED ACCESS
THE MOMVERSATION WEBSITE is offered and made available only to users 13 years of age or older and if you are not yet 13 years old, or your use of THE MOMVERSATION WEBSITE is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions of our Terms of Use, please discontinue using THE MOMVERSATION WEBSITE immediately because by using or attempting to use THE MOMVERSATION WEBSITE, you are certifying that you are at least 13 years of age and meet all other eligibility requirements for your use of THE MOMVERSATION WEBSITE.
In the event that MOMVERSATION or our Affiliates unknowingly send an e-mail or other message to a child (a person under the age of 13 years) who has improperly registered with THE MOMVERSATION WEBSITE, the child or the child's parent or legal guardian always have the right to unsubscribe (opt-out) from receiving future e-mails or text messages using the opt-out (e.g., unsubscribe) mechanism contained in the e-mail or message, or to request termination of the child's registration and status as a registered user with THE MOMVERSATION WEBSITE.
3. GENERAL PRIVACY INFORMATION
THE MOMVERSATION WEBSITE is designed and targeted to United States ("U.S.") audiences and is governed by and operated in accordance with the laws of the "United States." MOMVERSATION makes no representation that THE MOMVERSATION WEBSITE is operated in accordance with the laws or regulations or is governed by other nations. If you are located in the European Union or elsewhere outside of the U.S. and you use THE MOMVERSATION WEBSITE, you do so at your own risk and initiative and you are responsible for compliance with all of the laws and regulations that apply to you. Please be aware that any Personal Information you provide to MOMVERSATION or MOMVERSATION obtains as a result of your use of THE MOMVERSATION WEBSITE, will be transferred to the U.S and subject to U.S. law. By using THE MOMVERSATION WEBSITE, participating in any MOMVERSATION WEBSITE activities and/or providing MOMVERSATION with your Personal Information, you consent to the transfer and processing of Personal Information to the U.S. and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.
All users of THE MOMVERSATION WEBSITE are required to provide true, current, complete and accurate Personal Information when prompted and MOMVERSATION will reject and delete any entry that MOMVERSATION believes in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.
Your continued participation on THE MOMVERSATION WEBSITE indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. MOMVERSATION may, from time to time, transfer or merge any Personal Information collected off-line to online databases or store off-line information in an electronic format. MOMVERSATION may also combine Personal Information MOMVERSATION collects online with information available from other sources, including information received from our Affiliates, marketing companies, or advertisers. This Privacy Policy covers all such Personal Information and will remain in full force and effect until terminated in accordance with paragraph 11 of the Terms of Use, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
If you provide personal information to us with respect to potential employment opportunities with MOMVERSATION, such as your resume, MOMVERSATION will treat such personal information as confidential and use it only to consider you for current and future employment opportunities and to contact you with respect to employment with us or MOMVERSATION’s Affiliates. An "Affiliate" is a person or entity that directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, MOMVERSATION. We may retain your information for further recruitment opportunities that may arise, unless you tell us that you no longer wish for us to retain your information.
4. CALIFORNIA PRIVACY RIGHTS
A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purpose is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a user, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed.
However, under the law, a business is not required to provide the above-described lists if the business maintains and adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s Personal Information to third parties for their direct marketing purposes unless (1) the customer first affirmatively agrees to the disclosure or (2) the customer refrains from exercising an option that prevents the disclosure. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost free means to exercise that right.
As stated in this Privacy Policy, MOMVERSATION does not share Personal information with third parties for their direct marketing purposes unless you agree to such disclosure -- either by opting in to receive information from such a third party, or choosing not to opt-out from receiving such information. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt-in to such use when you provide personally identifiable information on one of our sites, or, if applicable, opt-out from such use. Please note that whenever you opt-in to receive future communications from a third party or refrain from opting out from such sharing, your Personal Information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use Personal Information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.
If you are a California resident and request information about how to exercise your third party disclosure choices you may send an e-mail to customerservice@momversation.com, or you may contact us by regular mail at: MOMVERSATION, Attention: VP, Programming, 525 Broadway, Ste. 240, Santa Monica, CA 90401.
All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via e-mail. Please include your zip code for our own recordkeeping.) MOMVERSATION will not accept requests via the telephone or by facsimile. MOMVERSATION is not responsible for notices that are not labeled or not sent properly or do not have complete information.
To all users of THE MOMVERSATION WEBSITE, if you have questions about this Privacy Policy, please send an e-mail to customerservice@momversation.com, or you may contact us by regular mail at: MOMVERSATION, Attention: VP, Programming, 525 Broadway, Ste. 240, Santa Monica, CA 90401.
5. COLLECTION AND USE OF PERSONAL INFORMATION
MOMVERSATION collects Personal Information about you when you visit THE MOMVERSATION WEBSITE and when you input information, whether you are registering to use any services, features or functions of THE MOMVERSATION WEBSITE, participating in promotions, or in the course of any other exchanges of information, transactions and activities. MOMVERSATION may use the information MOMVERSATION obtains from you, including Personal Information, to tailor your experience on THE MOMVERSATION WEBSITE, to display Content MOMVERSATION thinks may be of interest to you, or to let MOMVERSATION customize what you see when you visit THE MOMVERSATION WEBSITE according to your preferences.
It is your responsibility to give MOMVERSATION current, complete, truthful and accurate information and to keep the Personal Information that you provide to MOMVERSATION up to date. MOMVERSATION cannot and will not be responsible for any problems or liability that may arise if you do not give MOMVERSATION accurate, truthful or complete information or you fail to update the information you give MOMVERSATION.
You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for your activity, behavior, use and conduct on THE MOMVERSATION WEBSITE and for any use of the website or any other activity or conduct in connection with THE MOMVERSATION WEBSITE, by any others who use your user name or password, unless and until you notify MOMVERSATION that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to MOMVERSATION, it does not guarantee that MOMVERSATION will permit you to use any or all of the features of functions of THE MOMVERSATION WEBSITE.
6. REGISTRATION
When you register with MOMVERSATIONTHE MOMVERSATION WEBSITE, you are required to provide MOMVERSATION with your e-mail address, as well as additional Personal Information. MOMVERSATION will allow you to change the password portion of your User ID, as well as certain other Personal Information you have given MOMVERSATION in order to keep your information current, but once you select a user name you will not be able to change that user name you have given MOMVERSATION during registration and which is associated with your User ID. Among other things, these kinds of information help MOMVERSATION securely identify you as a registered user of MOMVERSATIONTHE MOMVERSATION WEBSITE and those services, features and functions you have registered or are otherwise authorized to use (e.g., Communities, User Submission). As a registered user of MOMVERSATIONTHE MOMVERSATION WEBSITE, from time to time, MOMVERSATION may also provide you with certain options to opt-in to subscribe to e-mail newsletters and other periodic information. You will also have the right to opt-out or change your preferences at any time by logging in with your User ID and changing the settings in your account or you can opt-out or unsubscribe to particular e-mail communications by responding to that e-mail and using the 'unsubscribe' or opt-out procedure included in that communication.
If you are a registered user, you acknowledge, understand and agree that you are giving MOMVERSATION your consent to track your activities, your use of MOMVERSATIONTHE MOMVERSATION WEBSITE and its functions and features, and agree to this Privacy Policy and our Agreement with you.
7. CREDIT CARD INFORMATION
MOMVERSATION may ask you to provide your credit card and billing information. Before providing you goods, content, products, memberships or services requiring payment, MOMVERSATION must verify that the credit card you provide to MOMVERSATION is valid. All of this information is used for credit purposes and is shared with third parties only as necessary for the processing of payments. All credit card information is handled over secure, encrypted connections provided it is submitted by the user through the normal registration process; however, MOMVERSATION does not guarantee that unauthorized access will never occur.
8. CONTESTS AND SWEEPSTAKES
Registration may be required to enter promotions such as contests and sweepstakes (collectively, “Promotions”) on THE MOMVERSATION WEBSITE. These may have a separate registration or entry process and may require your submission of Personal Information. The entry page and/or Rules will provide the specific requirements for the Promotion involved. You may also have the opportunity to opt-in to special offers from our advertisers in connection with many of these types of Promotions.
9. PROMOTIONS AND OFFERS
MOMVERSATION may contact THE MOMVERSATION WEBSITE users or others that have registered for or participated in various MOMVERSATION WEBSITE Promotions, transactions or events, or send offers for the purchase of goods and/or services that may of interest to users. You can also use the opt-out mechanism that is contained in the e-mails MOMVERSATION sends you. However, MOMVERSATION may continue to contact you via e-mail for administrative or informational purposes, including follow-up messages regarding any services, features or functions you have enrolled or registered to use, any Promotions you have participated in or have entered, goods or services you have ordered or other transactions you have undertaken with THE MOMVERSATION WEBSITE.
10. POLLS & SURVEYS
MOMVERSATION may from time to time request that you participate in polls and/or surveys. The information you provide to MOMVERSATION if you participate in such polls or surveys is provided voluntarily by you. If you participate in polls or surveys, you do so with the understanding that MOMVERSATION reserves the right to store the information you provide and to use such information for the general improvement of THE MOMVERSATION WEBSITE.
11. SHARING of Aggregate Information with Third Parties
Some of the aggregate data MOMVERSATION collects in connection with THE MOMVERSATION WEBSITE may be shared with advertisers and other business partners of MOMVERSATION and/or its Affiliates, but MOMVERSATION does not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies.
12. USE OF Communities
If you use any of the community features and functions that may be made available on or through THE MOMVERSATION WEBSITE, please remember that any information disclosed in these venues is automatically made public. You should exercise caution when disclosing any Personal Information in such communities, as you do not know who will access and use your Personal Information or for what purposes. MOMVERSATION will be in no way responsible for the accuracy, use, or misuse of any information that you disclose or receive through these venues, if any, and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization. Additionally, to the extent that THE MOMVERSATION WEBSITE may have certain features that allow you to send information to others, MOMVERSATION may monitor such messages via electronic software or personnel to check for obscenity, defamation or other types of abusive language, as well as for content that may infringe MOMVERSATION’s rights or the rights of others, all of which we may remove at any time. MOMVERSATION will not otherwise access these messages except in certain cases, including but not limited to times when we receive specific complaints related to a particular message or are compelled to do so by law. Also for administrative purposes, MOMVERSATION may opt to keep a mail log that will include a record of which users sent messages and to which users or email addresses they were sent. We will use the addressee information you enter only to send the emails you request.
13. COOKIES
When you visit THE MOMVERSATION WEBSITE, MOMVERSATION may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. MOMVERSATION uses 'cookie' technology to collect data regarding your visits to THE MOMVERSATION WEBSITE. This data is stored in aggregate form and is not used to identify any particular user or individual. MOMVERSATION uses cookies and similar tracking technologies in a variety of ways. MOMVERSATION uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of THE MOMVERSATION WEBSITE may not function properly if the ability to accept cookies is disabled.
14. LOG FILE INFORMATION
When you use The MOMVERSATION WEBSITE, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
15. WEB BEACONS
When you use The MOMVERSATION WEBSITE, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
Although MOMVERSATION may track the numbers of visitors to inform MOMVERSATION on how best to improve and update THE MOMVERSATION WEBSITE and enhance the experience for all visitors, Personal Information is not extracted in this process. MOMVERSATION uses tracking information on an aggregated basis to help MOMVERSATION operate THE MOMVERSATION WEBSITE, enhance and improve MOMVERSATION’s service, improve the look of THE MOMVERSATION WEBSITE and display advertising and marketing information.
16. ADVERTISEMENTS/LINKS
THE MOMVERSATION WEBSITE may contain advertisements, references and links to other websites and organizations. MOMVERSATION may also use third parties to display or serve advertising on THE MOMVERSATION WEBSITE and web-based newsletters or other communications which you may choose to receive. Often these third party advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not in the control of MOMVERSATION. Even if MOMVERSATION has a relationship with the third party, MOMVERSATION does not control their sites or their policies and practices regarding your Personal Information. This Privacy Policy does not cover any use of Personal Information that an Advertiser or ad server may collect from you. MOMVERSATION encourages you to investigate and ask questions directly of them in this regard.
17. USER SUBMISSIONS
Registered users that submit User Submissions in accordance with our Terms of Use and related agreements agree to have certain Personal Information posted on THE MOMVERSATION WEBSITE in connection with the display of the user’s audio or video content which make up such User Submission. Registered users that submit/upload User Submissions (including audio or video content) may also be required to submit additional Personal Information. MOMVERSATION respects the privacy of the contents of users' e-mail and User Submissions. However, MOMVERSATION must reserve the right to monitor, edit, and disclose your use of THE MOMVERSATION WEBSITE, information pertaining to any e-mail or User Submission or its contents to a third party, particularly if MOMVERSATION believes such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or our Terms of Use, or to protect the interests of our users, Affiliates, advertisers, suppliers, service providers and others.
18. DISCLOSURE to Third Parties
MOMVERSATION does not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our advertisers, except in the limited circumstances listed below. When MOMVERSATION plans to disclose your Personal Information to advertisers, MOMVERSATION will ask you to opt-in to do so, in which case their use of your information is subject to the advertisers' own privacy policies. MOMVERSATION may disclose Personal Information to Affiliates for marketing or administrative purposes.
19. OPERATIONAL SERVICE PROVIDERS
MOMVERSATION retains the right to disclose your Personal Information to third parties for the purpose of administering and maintaining THE MOMVERSATION WEBSITE services, features, functions and operations. MOMVERSATION will refer to these third parties as "operational service providers" and MOMVERSATION uses operational service providers to efficiently provide the full range of Content and the services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with THE MOMVERSATION WEBSITE. Additionally, such operational service providers are not permitted to use your Personal Information for their own marketing or promotional purposes.
20. OTHER NON-AFFILIATED THIRD PARTIES
MOMVERSATION will make your Personal Information available to non-affiliated third parties in the following limited circumstances:
21. SECURITY & Protection of Personal Information
MOMVERSATION maintains reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. MOMVERSATION also limits access to THE MOMVERSATION WEBSITE by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. MOMVERSATION requests that our service providers follow the same policy.
22. REVIEW, UPDATE OR DELETE YOUR PERSONAL INFORMATION
Generally, you may review, update or delete your Personal Information collected by THE MOMVERSATION WEBSITE. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility cannot be deleted, but can be modified with sufficient verification of the correct information. Deletion or attempted deletion of certain Personal Information, such as your user name, may not be permitted and/or may result in suspension or termination of any registration you may have made. To review, update or delete your Personal Information collected by THE MOMVERSATION WEBSITE, please go to your account page from either the momversation.com home page or any of the links to edit your preferences or the information associated with your account on THE MOMVERSATION WEBSITE.
If you wish to review Personal Information collected for Promotions such as contests and sweepstakes, you will need to send an e-mail to customerservice@momversation.com, or you may contact us by regular mail at: MOMVERSATION, Attention: VP, Programming, 525 Broadway, Ste. 240, Santa Monica, CA 90401. Personal Information collected for certain Promotions, such as contests or sweepstakes entries are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user's request unless the entrant is a child under the age of 13 years old.
Parents (including legal guardians) of children that registered on THE MOMVERSATION WEBSITE in violation of the Terms of Use who wish to terminate their child's registration must send us an e-mail at customerservice@momversation.com and provide us with their child's User ID or alternatively, a parent must provide verifiable identification that they are the parent of the ineligible child. Children under the age of 13 that are unknowingly registered on THE MOMVERSATION WEBSITE are in violation of our Terms of Use. MOMVERSATION will not allow direct access to a user's registration and Personal Information by any person without the user's User ID (Please see above for how to change your preferences or the information associated with your account). If a parent does not have his or her child's User ID, the parent will be required to send an e-mail to customerservice@momversation.com, or you may contact us by regular mail at: MOMVERSATION, Attention: VP, Programming, 525 Broadway, Ste. 240, Santa Monica, CA 90401. Note, you must include the parent's name, address, telephone and e-mail address, in addition to the child's name and e-mail address associated with the child's User ID registered on THE MOMVERSATION WEBSITE, plus the child's date of birth. MOMVERSATION will send a confirming e-mail to the parent via the e-mail address provided to verify that the parent wishes to terminate his or her child's registration. The parent must then confirm by sending a reply e-mail to the designated return address. MOMVERSATION will then terminate the child's account but will notify the child of the termination request via e-mail and will identify the name, address and e-mail address of the person making the request.
23. RESERVATION OF RIGHTS
MOMVERSATION reserves the right to deny access, use and registration privileges to any user, including, without limitation, a user of any services, features or functions of THE MOMVERSATION WEBSITE, if MOMVERSATION believes there is a question about the identity of the person trying to access any services, features or functions of THE MOMVERSATION WEBSITE. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, MOMVERSATION will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.
24. QUESTIONS
If you have questions about this Privacy Policy or if you do not understand any information about how MOMVERSATION collects, maintains, uses or shares your personally identifiable information, you may email MOMVERSATION at: customerservice@momversation.com, or you may contact MOMVERSATION by regular mail at: MOMVERSATION, Attention: VP, Programming, 525 Broadway, Ste. 240, Santa Monica, CA 90401.
Effective Date: February 1, 2009
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MOMVERSATION and its Affiliated Parties neither endorse, nor are responsible for the accuracy or reliability of any opinion, advice or statement on the MOMVERSATION "Site" located at the URL: www.momversation.com or contained in any video distributed therefrom. Under no circumstances will MOMVERSATION or any Affiliated Parties be liable for any loss or damage caused by your reliance on Content obtained through either the Content on MOMVERSATION Site and/or any postings on the community areas of the MOMVERSATION Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Content available through MOMVERSATION Site and/or the community areas of the MOMVERSATION Site. Please seek the advice of professionals, as appropriate, with respect to your evaluation of any specific Content, including but not limited to financial, health, or lifestyle Content appearing on the MOMVERSATION Site. The full text of this "Summary Disclaimer Language" can be viewed here and is also contained in the "Terms of Use" .
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