Terms of Use


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. San Francisco Jewish Community Publications Inc., d/b/a J. the Jewish news weekly of Northern California (J., we, us) provides this web site and all web site-related services (collectively, the Site) subject to your compliance with the terms and conditions set forth in these terms of use (these Terms of Use). These Terms of Use govern the relationship between J. and you, the Site visitor and/or member (you, your) with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of these Terms of Use. Any rights not expressly granted herein are reserved. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these terms and conditions, please do not use the Site.

We reserve the right at any time to change the terms and conditions of these Terms of Use, change the Site, including eliminating or discontinuing any content on or feature of the Site, or change any fees or charges for use of the Site.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use. Upon our request, you agree to sign a non-electronic version of these Terms of Use.

  1. Materials. The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the Materials), are intended to educate and inform you about J. and about events, news, information, ideas and opinions affecting Jews locally, nationally and internationally, as well as provide products and services offered or described on the Site. You may only download the Materials displayed on the Site, or use the downloaded Materials solely for your personal, non-commercial use. The Materials remain the property of J. or its licensors or suppliers. You will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and you will otherwise comply with the terms and conditions of these Terms of Use. J. cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Materials. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose.
  1. Subscriptions. Some areas of the Site may require you to be or become a registered member of the Site. When and if you register to become a member, you agree to (a)provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b)maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate these Terms of Use and your use of the Site.

As part of the registration process, you may be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.jweekly.com and immediately notify us of the problem by emailing us at .(JavaScript must be enabled to view this email address). You are entirely responsible for maintaining the confidentiality of your USERNAME and password and for any and all activities (INCLUDING PURCHASES, AS APPLICABLE) that ARE CONDUCTED through your account.

  1. Code of Conduct.

In connection with Submissions (as defined below) and your use of the Site, you agree that you will not (collectively, the Codes of Conduct):

While using the Site and the Materials, you agree to comply with all applicable laws, rules and regulations.

  1. Making purchases. If you wish to purchase products or services described on the Site, you will be asked by J. or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by J. in the manner described in our Privacy Policy. You agree that all information that you provide to J. or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Descriptions or images of, or references to, products or services on the Site do not imply J.s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to J.s acceptance of any order. Price and availability of any product or service are subject to change without notice. Current rates for any product or service available through the Site may be obtained by sending an email to .(JavaScript must be enabled to view this email address).

  1. Information Provided by J. Although J. strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although J. endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.

In addition, portions of the Materials have been contributed to the Site by various entities and service providers. The inclusion of such information does not indicate any approval or endorsement thereof, and J. expressly disclaims any liability with respect to the foregoing.

  1. Submissions and Postings. Please note that, because (a)we and our designees host message boards, blog feeds and other forums found on the Site (collectively, the Forums) and (b)you may have the ability to provide, post or upload to J. text, photographs or other media content which we would redistribute, we require certain rights in those materials. Accordingly, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information, photographs or other materials (collectively, Submissions), or by posting such Submissions to any area of the Site, you grant us and our designees a perpetual, worldwide, non-revocable, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize each Submission, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in J.s sole discretion, in any way, in any and all media, without limitation and without any compensation or acknowledgment to you or any third party. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

You further acknowledge that J. is under no obligation to post, display or otherwise use any Submission. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against J. or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a Submission, or any derivative works thereof, infringe any of your rights as creator of the Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or droit moral.

J. does not endorse any Submission or any opinion, recommendation or advice expressed therein, and J. expressly disclaims any and all liability in connection with Submissions. The opinion(s) expressed in any Submission reflects solely the opinion(s) of the user submitting such Submission and does not reflect the opinion(s) of J. If notified by a user of a Submission that allegedly does not conform to these Terms of Use, J. may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Submission.

You understand that when using the Site, you will be exposed to Submissions from a variety of sources, and that J. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourage any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against J. with respect thereto, and agree to indemnify and hold J., its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and each Submission; to alter or remove any Submission at any time; to disclose any Submission and the circumstances surrounding their transmission to any third party or governmental or regulatory entity in order to operate the Site properly; to protect ourselves, our sponsors and our users and visitors; and to comply with legal obligations or governmental requests.

Subject to the rights and licenses you grant to J. under these Terms of Use, you retain all rights to the ownership and use of your Submissions. By submitting a Submission you certify that either (i)you are eighteen(18) years old or are an emancipated minor and have the right to submit the Submission and grant the licenses provided hereunder, or (ii)you have obtained your parents or legal guardians express consent to submit the Submission and to grant the licenses provided hereunder.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent and/or warrant that: (i)you own, or have the necessary licenses, rights, consents, and permissions to the Submissions and to grant the rights and licenses to J. under all trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all Submissions in the manner contemplated by the Site and these Terms of Use; and (ii)you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the Site and these Terms of Use.

  1. Forums. Our Forums are designed for users and members of the site to comment on any Materials and share information regarding the products and services offered on the Site. You acknowledge that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the J. community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of J. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

You acknowledge and agree that we have the right (but not the obligation) to monitor the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.

  1. Links. The Site contains links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by J. J. has not reviewed all of the web sites that are linked to the Site, and J. has no control over such sites. Unless otherwise explicitly stated, J. is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that J. offers such links does not indicate any approval or endorsement of any material contained on any linked site. J. is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
  1. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by J. infringe your copyright (for example, materials posted by J. on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a)a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b)identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c)identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow J. to locate the material on the Site; (d)the name, address, telephone number and email address (if available) of the complaining party; (e)a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f)a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by J. against you, the DMCA permits you to send J. a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to J. the Jewish news weekly of Northern California, 225 Bush Street, Suite 1480, San Francisco, California 94104-4281. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
  1. Ownership and Restrictions on Use. The Site is owned and operated by J. in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of J. and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Use or as expressly authorized in writing by J. or, if so indicated in writing by J., its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site (collectively the Trademarks) are the registered and unregistered trademarks of J., J.s licensors and suppliers, and others. The Trademarks owned by J., whether registered or unregistered, may not be used in connection with any product or service that is not J.s, in any manner that is likely to cause confusion with customers, or in any manner that disparages J. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of J., J.s licensors or suppliers, or the third party owner of any such Trademarks. Misuse of any Trademarks is prohibited, and J. will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

  1. Access By Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
  1. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program or other product that we provide.

  1. Termination. We reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms of Use by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.
  1. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, J. AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. J. AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF J. OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT J. SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF J., (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. J. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND J. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site, Materials or Forums could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Sites completeness or correctness. In the event that a situation arises in which the Sites completeness or correctness is in question, please contact us at .(JavaScript must be enabled to view this email address) with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on Claims of Copyright Infringement, above.

  1. Limitation of Liability. NEITHER J. NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO J. FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  1. Indemnification. You agree to indemnify, defend and hold J., our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys fees) and other expenses that arise directly or indirectly out of or from (a)your breach of these Terms of Use, including any violation of the Code of Conduct, above; (b)any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
  1. Questions. The Site is provided by J., Inc. If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at .(JavaScript must be enabled to view this email address).
  1. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
  1. Miscellaneous. These Terms of Use are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Francisco, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and J. relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and J. with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with J.s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use are inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.




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