Access to the live video chat interface of video chat rooms requires a set per minute fee,
bonuses payable at the discretion of the user.
REFUND POLICY: Sakuralive does not provide cash refunds. All sales are final.
FULL TERMS & CONDITIONS:
TERMS OF SERVICE AGREEMENT AND OPERATING RULES
A. Sakuralive provides its Internet live video chat service to you as a registered
subscriber or authorized user ("Member" or "you"), subject to the terms of this agreement
and Sakuralive's operating rules. Both of these documents are binding agreements and
we shall refer to them collectively as "TOS". The TOS comprises the entire agreement
between Sakuralive and you, superseding any prior agreements between you and
Sakuralive with respect to its subject matter. Additionally, you may be subject to
additional terms and conditions that may apply when you use affiliate services, or thirdparty
content, software, or services.
B. Sakuralive may change the TOS at any time, subject to timely notice, posted publicly
in a visible manner. You agree to review the TOS periodically to be aware of such
changes. If any change is unacceptable to you, you may terminate your membership as
provided in "Cancellation" below, or in Section 9 below. Your continued use of
Sakuralive following the Effective Date of any such change to the TOS constitutes
acceptance of all such changes.
YOUR ACCOUNT INFORMATION
A. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (or age of
legal majority in the jurisdiction in which you reside). You agree to provide Sakuralive
with accurate, complete, and current registration information. Failure to do this shall
constitute a breach of this agreement and unauthorized access to Sakuralive.
Unauthorized access to Sakuralive could result in immediate termination of your account
and subject you to civil and criminal liability. Unless you have prior written authorization
from Sakuralive, you may not register for additional accounts after such termination.
B. Upon registering as a Member, you will choose a password and a screen name/chat
handle. You may not select or use a screen name registered to another person, a name in
violation of a third party's property rights, or a screen name that Sakuralive deems
offensive or otherwise inappropriate. Sakuralive owns all screen names and licenses them
to you. Additionally, you may not use your screen name in violation of the TOS or in
ways Sakuralive deems inappropriate (e.g., sending or causing to be sent mass e-mail
solicitations). Sakuralive reserves the right to delete any such screen name.
C. You are entirely liable for all activities conducted through your account. A Member
may not permit another individual to use such Member's account without direct
supervision by the Member.
D. Members who have had their Sakuralive membership terminated may not access
Sakuralive without Sakuralive's prior express written (including e-mail) permission. Members may not allow a former Member or other agent whose membership has been terminated to use their account. For additional information on re-registration and multiple
accounts, see Section 9 below.
E. Cancellation: Members may cancel their account at any time by contacting Sakuralive
through an email request to the following address:
To ensure prompt and effective cancellation, please provide your Sakuralive screen name and your email address used to establish your account.
F. ID and Password Management : Member shall be solely responsible for managing its
user ID and password. Sakuralive shall not be responsible for loss or damage caused by
unauthorized use of Member's password. Member must promptly inform Sakuralive of
any apparent breach of security such as loss, theft, or unauthorized disclosure or use of a
user ID or password. Until Sakuralive is notified, whether by email, telephone or other
method (such as fax) of any breach of security, Member will remain personally liable for
any unauthorized use of the Services.
CHARGES AND BILLING PRACTICES
A. There is no fee for basic membership to Sakuralive. However, you may be subject to
Internet access charges as required by your local or national Internet Service
Carrier/Provider. Members are charged for points that they purchase, which points are
then expended, on a per minutes basis when the Member engages in a live video chat
session with an independent Content Provider ("ICP"). The specific value/cost of each
point shall be indicated on the point purchase page. For billing inquiries or to request a
detailed statement of your usage, e-mail: https://service.d2pass.com/sl_viewer/inquiry.
All charges and billing are processed through CC Bill, and as such, the terms, rules, and
polices which govern CC Bill shall apply. Such terms, rules and policies may be viewed
B. Effective February 2009, Sakuralive will set an expiration date on points purchased.
Points purchased by Sakuralive Members shall expire under the following circumstances:
Using a Member's recorded log-in for the last video chat session which said Member had
engaged as the starting point, if said Member does not expend at least 0.1 point within a
period of 2 years (or 24 months), then all points remaining in such Member's account, as
well as any bonus mileage points, shall be void and unusable.
C. SAKURALIVE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES
AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL
FEES OR SEPARATE CHARGES FOR ONLINE AREAS, CONTENT, OR SERVICES
PROVIDED BY SAKURALIVE, ITS AFFILIATES OR ICPS. SAKURALIVE MAY
ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF
BILLING CHARGES THROUGH POP-UPS, E-MAIL, OR THROUGH THE POSTAL
SERVICE TO THE ACCOUNT HOLDER. If any such change is unacceptable to you,
you may terminate your membership as provided in Section 9 below. Your continued use
of Sakuralive following the effective date shall constitute your acceptance of such change.
D. You are responsible for all charges associated with connecting to Sakuralive. You
agree that any charges incurred to access the Internet, including but not necessarily
limited to telephone charges and access fees billed by your Internet Service Provider, are
entirely your responsibility. Depending on your particular location and chosen Internet
Service Provider, you may be subject to long distance charges and/or other
communication surcharges, which are your responsibility. You acknowledge that if you
want to see the detailed components of accumulated charges, you may do so by sending
email to https://service.d2pass.com/sl_viewer/inquiry.
RIGHTS AND RESPONSIBILITIES
You acknowledge that: (i) Sakuralive contains information, communications, software,
photos, videos, graphics, music, sounds, and other material and services (collectively
"Content"); (ii) Such Content is provided under license by ICPs, other Members,
Sakuralive and its affiliates; and (iii) At minimum, Sakuralive owns a copyright in the
selection, coordination, arrangement, and enhancement of such Content. Each Member
and any user of Members account must evaluate, and bear the risk associated with any
reliance on the accuracy, completeness or usefulness of any Content. Sakuralive does not
pre-screen Content as a matter of policy: however Sakuralive, its affiliates, and ICPs shall
have the right, but not the responsibility, to remove Content that they deem harmful,
offensive or otherwise in violation of the TOS. Accordingly, you acknowledge that
neither Sakuralive, its affiliates, nor any ICP shall assume or have any liability for any
action or inaction by Sakuralive or its affiliates, or any ICP, with respect to Content, or
Content changes within, Sakuralive.
B. PROPRIETARY RIGHTS.
You acknowledge the following: (i) Sakuralive permits access to Content that is protected
by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (ii)
These Rights are valid and protected in all media and technologies existing now or later
developed; and (iii) Except as explicitly provided otherwise, the TOS, applicable
copyright and other laws govern your use of Content (see the Rules, Section D, for
details). You agree that you may upload to the software files, message boards, or
otherwise transmit on or through Sakuralive only Content that (1) is not subject to any
Rights, or (2) any holder of Rights has given express authorization for distribution on
Sakuralive. You represent that if you upload any files, you have the legal authorization to
do so. You agree that Sakuralive may employ virus-checking technology to protect its
system and its Members from viruses. By submitting Content to any "public area" of
Sakuralive(e.g., message boards, forums, the Member Directory), you grant Sakuralive
and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including
any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform and display the
Content (in whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or later developed, for the full term of any rights
that may exist in such Content. You also warrant that the holder of any Rights, including
moral rights in such Content, has completely and effectively waived all such Rights and
validly and irrevocably granted to you the right to grant the license stated above. You
also permit any Member and authorized user to access, display, view, store and reproduce
the Content for personal use. Subject to the foregoing, the owner of Content placed on
Sakuralive retains any and all Rights that may exist in such Content.
C. CONDUCT AND COMMUNICATION.
You acknowledge that Sakuralive may
contain material that may be inappropriate for minors. You recognize that communication
over Sakuralive often occurs in real time or is posted on one of Sakuralive's message
boards or chatrooms. You acknowledge that Sakuralive cannot, and does not intend to,
screen communication in advance for accuracy or conformance to the TOS or any laws.
However, Sakuralive may elect, at its sole discretion, to monitor some, all, or none of
Sakuralive's public areas for adherence to the TOS. Accordingly, you acknowledge that
neither Sakuralive, its affiliates, nor any ICP shall assume or have any liability for any
action or inaction by Sakuralive, its affiliates, or any ICP with respect to Content on
Sakuralive. Any conduct by a Member that in Sakuralive's sole discretion restricts or
inhibits any other Member, person or entity from using or enjoying Sakuralive or another
service shall entitle Sakuralive to immediately terminate membership without notice. You
agree to use Sakuralive only for lawful purposes. You may not use, or allow others to use,
your Sakuralive account, either directly or indirectly, to: (1) post, transmit, or promote
any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful,
racially, ethnically or otherwise objectionable Content; (2) harass, threaten, embarrass, or
cause distress, unwanted attention or discomfort upon another Member or user of
Sakuralive or other person or entity; (3) post, transmit, promote, link, or facilitate the
distribution of content that may generally be considered obscene, including, but not
necessarily limited to, bestiality, urination/defecation, fisting, incest, extreme sadomasochism
or bondage presented in a sexual context, or any presentation of minors
engaged in intimate physical contact or sexual situations, acted or depicted. (4) disrupt
the normal flow of dialogue in a chatroom or on a message board or otherwise act in a
manner that negatively affects other Members, users, individuals or entities, such as
causing the screen to "scroll" faster than other Members or users are able to type to it or
any action to a similar disruptive effect; (5) impersonate any person or entity, including,
but not limited to, an Sakuralive official, an ICP, forum leader, guide or host, or
communicate under a false name or a name that you are not entitled or authorized to use,
or impersonate a minor; (6) post or transmit, or cause to be posted or transmitted, chain
letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted, any
unsolicited advertising, promotional materials, or other forms of solicitation to other
Members, individuals or entities (although Contributors may use the Sakuralive E-mail
System to advertise current or upcoming sessions to their previous viewers who have not
requested to be removed from their mailing lists), or collect or harvest screen names of
other Members, without permission; (8) post or transmit, or cause to be posted or
transmitted, any communication or solicitation designed or intended to obtain password,
account, or private financial information from any Member; (9) intentionally or
unintentionally violate any applicable local, state, national, international or foreign law,
including, but not limited to, any rules or regulations having the force of law. Please see
the Rules for additional examples of prohibited conduct. Sakuralive reserves the right to
protect its Members and Sakuralive from offensive e-mail communication, including, but
not limited to, the right to block mass e-mail solicitations, or "junk e-mail." You also
agree and accept that as new products become available on or through Sakuralive, your
use of these products is subject to TOS. In addition to Content and services provided by
ICPs, Sakuralive, and its affiliates, others may offer Content, software or other services to
Members with their own terms and conditions relating to your use. Failure to abide by
these terms and conditions may result in termination of membership. Furthermore, other
such networks, including Internet areas, may subject Members to their own usage policies.
D. MEMBER - Chathost Disputes.
Disputes between Member and Chathost regarding the
Chathost's video, oral, or written content shall be resolved between Chathost and the
Member. Sakuralive shall not be liable for problems or damages resulting from or arising
out of such disputes. Sakuralive is under no obligation whatsoever to resolve such conflicts.
E. CHANGES IN SERVICE.
Sakuralive has the right to change or add to the Services, or to
suspend or terminate all or part of the Services, without prior notice. Sakuralive shall not
be liable for any damages caused by such changes.
F. INTERRUPTIONS IN SERVICE.
Sakuralive may shut down its website without prior notice in
the event of unexpected problems with servers or communications lines, disasters, or
other unforeseen interruptions. Sakuralive may also shut down its website to perform
server maintenance. Sakuralive provides no guarantees whatsoever regarding the
reliability, stability, usability etc. with respect to the deliver or performance of the
Services. Sakuralive shall not be liable for indirect, direct and/or consequential damages
resulting from changes, interruptions, or cancellation of the Services, or from the loss of
damage to, disclosure of, and/or misuse of data.
i. General. The following presents important information relating to Sakuralive's
information, and are committed to protecting its confidentiality. We will limit the
collection and use of personal information, or Individual Information (as defined below),
to what is necessary to administer our business, provide you with the highest quality
service, and offer you opportunities we think will be of interest. We will NOT disclose
any Individual Information, unless by order of subpoena, or if the disclosure of Individual
Information to your credit-card bank may help us prove the legitimacy of your credit-card
charge or bill. We actively participate in industry associations and community groups to
support strong and effective privacy guidelines and practices in the interactive
ii. Types of Individual Information. Individual Information is any information, data or
records that relate to your Sakuralive membership or use of Sakuralive and identifies you
or your individual Member account. The three types of Individual Information are; (1)
"identity and billing information," such as your name, street address, telephone number,
billing information, and any screen names associated with your account; (2) "navigational
and transactional information," such as information about where you go or what you buy
through Sakuralive; (3) "private communications," such as the contents of e-mail, or
private chat room communications.
B. MEMBER IDENTITY AND BILLING INFORMATION.
i. Collection and Storage. We may maintain the following types of identity and billing
information: your name, street address, telephone number(s), length of membership, and
payment information. We may also keep information on your communications with our
Customer Service department and Chathosts, and general account history, such as
accumulated usage credits or written complaints relating to your account. We safeguard
Individual Information from unauthorized access and only authorized employees or
agents who need to carry out legitimate business functions are permitted access to
Members Individual Information. Employees who violate Sakuralive's privacy policies
are subject to disciplinary actions, including termination when appropriate. We may use
agents, who are bound by strict confidentiality guidelines, to perform storage, processing,
and other limited functions on Sakuralive's behalf.
ii. Use. We use identity and billing information to administer our business, ensure that
you are properly billed and offer you opportunities (e.g. pop-ups or e-mail) that may be
iii. Disclosure. We do not release Members telephone numbers, credit card numbers, or
checking account numbers (or other Individual Information, such as navigational or
transactional information or private communications content). Our policy is not to
disclose identity information to third parties that would link a Members screen name(s)
with a Members actual name, unless required to do so by law or legal process served on
Sakuralive(e.g. a subpoena). Sakuralive, at its sole discretion, reserves the right to make
exceptions to this policy in extraordinary circumstances (such as a bomb or suicide threat,
or instances of suspected illegal activity) on a case-by-case basis. When feasible, we do
allow our Members to access and verify their Member Identity and Billing Information.
We also allow our Members to request corrections to this Information. Sakuralive intends
to abide by applicable laws governing the disclosure to governmental entities of
Individual Information and other records. If we are under a legal obligation to disclose
Individual Information to a private citizen or entity, we may make efforts under the
circumstances to notify the affected Member(s) in advance of releasing it in order to
provide the Member(s) an opportunity to pursue any available legal protection.
iv. Compelling Obligation. Although Sakuralive will take reasonable measures not to
disclose information about you or the contents of your communications, we may be
compelled to do so in the good faith belief that such action is reasonably necessary (a) to
comply with the law; (b) to comply with legal process; (c) to enforce these terms and
conditions; (d) to respond to claims that any content violates the rights of third parties; or
(e) to protect the interests of Sakuralive or others.
C. NAVIGATIONAL AND TRANSACTIONAL INFORMATION.
i. Collection. We may collect and store certain navigational and transactional information,
such as data on the choices you make from the range of available services, and the times
and ways you use Sakuralive.
ii. Use. Sakuralive uses navigational and transactional information to personalize
Sakuralive and for programming and editorial research. For example, we may use this
information to understand our Members reactions to menu items, Content, and services
offered through Sakuralive and to customize Sakuralive based on our Members interests.
iii. Disclosure. Sakuralive will not disclose to third parties navigational or transactional
information (e.g. what you view through Sakuralive), except to comply with applicable
law or valid legal process (e.g. search warrant, court order, or providing assistance to
law-enforcement authorities investigating the alleged commission of a crime).
D. PRIVATE COMMUNICATIONS
i. Collection and Storage. The Sakuralive computer system does record and retain all chat
room communications. However, to keep copies of any communications, you should
store them on your personal computer hard drive or in print form. You agree that
Sakuralive may employ e-mail virus-checking technology to protect its system and its
Members from viruses.
ii. Use. Sakuralive treats private communications on or through Sakuralive as strictly
confidential. Sakuralive does not access, use or disclose the contents of private
communications, except in limited circumstances as specifically provided below. You
acknowledge that private communications directed at a person or entity, including
Sakuralive, may be used or disclosed by the intended recipient(s) without restrictions
relating to privacy or confidentiality.
iii. Disclosure. Sakuralive does not access or disclose the contents of private
communications (e.g. e-mail, Member-created private rooms, online communications),
unless it in good faith believes that such action is necessary (1) to comply with applicable
law or valid legal process (e.g. search warrant or court order); (2) to protect the rights or
property of Sakuralive; or (3) in emergencies when Sakuralive believes that physical
safety is at risk. Sakuralive reserves the right to treat as public any private chat room
whose directory or room name is published or becomes generally known or available.
Sakuralive SOFTWARE LICENSES
Sakuralive grants to you a non-exclusive, limited
license to use Sakuralive software to transmit your personal video signal to Sakuralive
from authorized locations in accordance with this agreement. This license is subject to the
restriction that, except where expressly permitted by law, you may not translate, reverseengineer
or reverse-compile or decompile, disassemble or make derivative works from,
Sakuralive software. You may not modify Sakuralive software or use it in any way not
expressly authorized in these Rules. You agree and accept that Sakuralive's introduction
of various technologies may not be consistent across all platforms (e.g. Macintosh).
MEMBER EXPRESSLY AGREES THAT THE USE OF
SAKURALIVE AND SAKURALIVE SOFTWARE ARE AT MEMBERS' SOLE RISK.
SAKURALIVE, SAKURALIVE SOFTWARE, AND SAKURALIVE PRODUCTS ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
SAKURALIVE PROVIDES THE SAKURALIVES ERVICE ON A COMMERCIALLY
REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE
ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR
CHOOSING, OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR THE
SERVICE AS A WHOLE OR FOR PARTICULAR PRODUCTS. SAKURALIVE'S
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE
OF SAKURALIVE, SAKURALIVE SOFTWARE, AND THE INTERNET SHALL BE
THE REPLACEMENT OF ANY SAKURALIVE SOFTWARE FOUND TO BE
DEFECTIVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
SAKURALIVE's LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW. SAKURALIVE DOES NOT ENDORSE, WARRANT OR GUARANTEE
ANY PRODUCT OR SERVICE OFFERED THROUGH SAKURALIVE, EXCEPT AS
EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN
ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRDPARTY
PROVIDERS OF PRODUCTS OR SERVICES.
Upon Sakuralive's request, Member agrees to defend, indemnify
and hold harmless Sakuralive, its affiliated companies, its employees, contractors,
officers, directors, telecommunications providers, ICPs from all liabilities, claims and
expenses, including attorneys fees, that arise from breach of the TOS by use of, or in
connection with, the transmission of any Content on Sakuralive or the Internet by or
through Members accounts. Sakuralive reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification by
Member hereunder. In such event, Member shall have no further obligation to provide
indemnification for such matter.
A. Either you or Sakuralive may terminate your membership at any time. This is your
sole right and remedy with respect to any dissatisfaction with Sakuralive, including, but
not limited to, (1) any TOS term, policy or practice of Sakuralive in operating Sakuralive,
(2) Content available through Sakuralive or change therein, or (3) any amount or type of
fees, surcharges, billing methods, or change therein. You can terminate your membership
by delivering notice to Sakuralive's Customer Service Department by any reasonable
method, including following email .To ensure effective cancellation, please provide your
Sakuralive screenname and your email address used to establish your account. Your
termination will take effect immediately upon Sakuralive's receipt of your adequate
notice as described above.
B. Active Sakuralive Members
may not allow former Members or other agents whose memberships have been
terminated to use their accounts. Any delinquent or unpaid accounts or accounts with
unresolved issues with the Customer Service department or other Sakuralive departments
must be concluded before you may re-register with Sakuralive. Members using multiple
accounts without prior express written permission from Sakuralive shall have their
A. To the extent any conflict between this agreement and the Rules exists, this agreement
shall take precedence. If any part of the TOS is held invalid or unenforceable, that portion
shall be construed consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions remain in full force and
effect. The laws of the State of California govern the TOS and your membership. As
noted above, Member conduct may be subject to other local, state, and national laws.
Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in
the courts of the State of California. Member further agrees and expressly consents to the
exercise of personal jurisdiction in the State of California in connection with any dispute
or claim involving Sakuralive.
B. You agree to abide by U.S. and other applicable export control laws and not to transfer,
by electronic transmission or otherwise, any Content or software subject to restrictions
under such laws to a national destination prohibited under such laws, without first
obtaining, and then complying with, any requisite government authorization. You further
agree not to upload to Sakuralive any data or software that cannot be exported without
prior written government authorization, including, but not limited to, certain types of
encryption software. This assurance and commitment shall survive termination of this
agreement. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea,
Sudan and Syria from gaining access to certain Content on Sakuralive.
LEGAL NOTICES Under California Civil Code Section 1789.3, California Members are
entitled to the following specific consumer rights information: (consumers residing in
other states may also be entitled by statute to the following information)
1. Pricing Information. There is no fee for basic membership to Sakuralive. However,
you may be subject to Internet access charges as required by your local or national
Internet Service Carrier/Provider. Video Chathosts (ICPs) charge a per minute price,
payable in points purchased by the Member, for Members to engage in live chat sessions.
For billing inquiries, or to request a detailed statement of your usage, e-mail
Sakuralivereserves the right to change fees,
surcharges, membership fees or to institute new fees at any time upon with prior written
notice, as posted in highly-visible public areas of the Sakuralive website, as provided for
in the Terms of Service at Section 3.
2. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs may be contacted in writing at
Department of Consumer Affairs
1020 N. Street, #501
Sacramento, CA 95814
or by telephone at 1-916-445-1254.
DEFINITIONS AND REFERENCES
"TOS" = The Terms of Service and the Rules of Use, collectively
"Member" or "you" = A registered subscriber or authorized user of Sakuralive
"Rules" = Operating Rules of Use
"Effective Date" = Thirty (30) days after the date of the last TOS change as posted in the
Terms of Service area
"Content" = Information, communications, software, photos, video, graphics, music,
sounds and other material and services, collectively
"ICPs" = Independent Providers of Content, typically, Video Chathosts
"Rights" = Copyrights, trademarks, and other intellectual and proprietary rights
"Public Areas" = Areas on Sakuralive that are freely open to all Members, including, but
not limited to, public chat rooms, online forums, message boards, and software libraries.
"Individual Information" = Any information, data or records that relate to your
Sakuralive membership or use of Sakuralive and identifies you or your individual
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