The following License Agreement have been republished from www.irobinhood.org/TermsConditionsUsers.aspx and/or the program's installer.
Welcome to iRobinHood (“iRobinHood” or the “Website”). These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to your access to and use of the iRobinHood website (the "Website") and any other feature, content or application offered from time to time by iRobinHood (the "Applications", and together with the Website, the "Services"). Your use of the Services is subject at all times to these Terms of Use (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions.
Acceptance of Terms
By accessing the Services, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, please do not access or use the Services. These Terms of Use may be modified, changed or altered by us at any time without prior notice. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting notice of such changes on the Website. Your continued access of the Services after such changes are made conclusively demonstrates your acceptance of such changes.
No Warranty
Your use of the Services is at your sole risk. The content and information posted on the Services is provided to you “as is” without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Services to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Services. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Services. We make no warranties or representations that your use of content and information posted on the Services will not infringe rights of third parties. Except as otherwise permitted by us, You are not authorized to download any content from the Services. If you download any content from the Services, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content. Furthermore, YOU ACKNOWLEDGE THAT THE SERVICES ARE UNDER DEVELOPMENT AND THE CURRENT VERSION OF THE SERVICES MAY CONTAIN ERRORS, OMISSIONS, AND PROBLEMS. WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES TO THE BROADEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE, OUR PRINCIPALS, MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATION, BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER MONETARY LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Permitted Uses
The Services are not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 13. Additionally, if you are 17 years old or younger, you are not authorized to register or submit any Content (as defined in Paragraph 7 below) or information to the Services without the explicit consent of your parent or legal guardian. If you live in a state where consent of a parent or guardian is required if you are under the age of 21, you may be required by us to secure such consent prior to your registration with the Services. The Services are not intended for commercial use. The content and information posted on the Services are provided as complementary information for you and may be used for your informational and personal purposes only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us from user profiles without notice and may result in termination of your membership privileges. We ask that you be aware that modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights.
Material from the Services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use the Services and may subject you to legal liability.
You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes), and you agree that you will comply with all laws, rules and regulations related to your use of the Services. Appropriate legal action will be taken for any illegal or unauthorized use of the Services by you. Some examples of unauthorized or illegal use of the Services include, but are not limited to:
collecting usernames and/or email addresses of members for the purpose of sending unsolicited email;
the unauthorized framing by you of the Services;
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
any automated use of the system, such as using scripts to alter your profile;
interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
attempting to impersonate another member, entity or person;
using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial content on your profile or in other areas of the Services;
using the Services in a manner inconsistent with any and all applicable laws and regulations.
Registration and Cancellation
When you sign up to become a user of the Services, you will be asked to choose a password to access and safeguard your Services account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another user at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You can request to cancel your account at any time. If you have any questions about cancelling your account, you can contact us at (as specified below).
Designated Nonprofit Organization
When you register with the Services through a designated organization, you may use the Services for the purposes of the designated organization only. In any other case, when you register with the Services, and at any time thereafter, you may designate nonprofit organizations from the list of nonprofit organizations then participating in the Services activities.
Contributions to Nonprofit Organizations
iRobinHood is a participant in various arrangements with certain third parties that offer to You the opportunity to earn contributions for Your designated nonprofit organization(s). If You complete an eligible transaction (for example, a purchase from an online merchant partner’s website, or use of a co-branded credit card), then the third party is obligated to remit funds to iRobinHood, which will then contribute a portion of those funds in Your name to Your designated nonprofit organization.
If You choose to avail Yourself of one or more of these arrangements, then You acknowledge that these arrangements are operated by third parties and are not under the control of iRobinHood. We do not set the criteria for what constitutes an eligible transaction, nor the amount that is to be paid to iRobinHood as a result of an eligible transaction, and cannot assure You that the applicable third party will remit funds to us even if You have satisfied the criteria for an eligible transaction. The amount of potentially eligible contributions is determined by transaction data provided to us by third parties. iRobinHood is not obligated to confirm, and does not warrant or guarantee, the accuracy, truth or completeness of any data provided by such third parties. We are not responsible for any such third party’s failure to pay funds to us. No contributions will be made to any nonprofit organization until we have received the funds from the applicable third party. The amount eligible for contribution to Your nonprofit is based on the amount that we actually receive from the third party, net of our fees and net of any chargebacks, credit card commissions, refunds, or other amounts payable to or offset by the applicable third party. iRobinHood does not determine which purchases are eligible for contributions, nor the percentage of the purchase price that is remitted. iRobinHood will make diligent efforts so that the amount actually contributed to your nonprofit organization after deduction of charge backs, credit card commissions, refund and taxes shall be (i) at least 85% of the remaining balance in case iRobinHood does not use third parties in the process of the transaction; or (ii) at least 50% of the remaining balance third parties are involved in your transaction even if you are not aware or did not engage such third parties.
Notwithstanding the foregoing, it is hereby clarified that in certain cases when we use third party partners, the amount the will be eventually contributed to charity may be lower than 50% due to payments that the we collect for the benefit of our partners and that we are obliged to pay to our partners.
The eligible portion of funds paid to us is allocated to Your designated nonprofit organization subject to deduction of transfer commissions and other similar commissions as the case may be at iRobinHood's sole discretion (including without limitation, and any other third parties' fees and commissions in accrued in connection with the activity of the end user). You acknowledge that such funds are not Your property and You have no claim to such funds or to any interest earned by such funds.
Although iRobinHood tries to ensure that all transactions are tracked and credited, no system is perfect. If You believe that an eligible transaction You completed has not been credited to Your account within 120 days of the date of the transaction, please contact (as specified below) include the receipt, the name of the merchant and the amount and date of the transaction, Your name, address and email address registered with iRobinHood and we will investigate the matter with the applicable third party.
You may use the iRobinHood Applications to locate merchants, shop, and thus contribute to the designated nonprofit organization, as follows:
You may locate a merchant via the "shop" button located on the iRobinHood toolbar or other Application, and choosing a merchant from any of the listed categories.
You may locate a merchant using the search field on the iRobinHood toolbar or other Application, or via your favorite search engine. Note however that in such a case an appropriate Cookie shall be stored on your computer in order to facilitate the contribution. Every time you click on the advertiser's link we are affiliated with, in natural search, affiliate cookie will be stored on your computer in order to facilitate the contribution.
Direct navigation to the advertiser's site, participating in the Commission Junction Affiliate Network, will result in affiliated Cookie stored on the end user computer.
You may locate a merchant via the nonprofit organization's logo, located on the iRobinHood toolbar or other Application, thus entering the relevant Donation Mall where you may view all merchants / deals available.
You may bookmark the merchant domain via the iRobinHood toolbar, for future purchases.
You may receive notifications via the iRobinHood toolbar or other Application, or personal requests made by the nonprofit organization requesting your contribution by purchasing goods or services from affiliated merchants or direct donations (Paypal).
In general and among others, iRobinHood currently offers the following programs:
Online Shopping
To be eligible for a contribution through the online shopping program, You must complete a purchase with a website participating in our program. If You initiate a purchase but complete it after a different session, or if You click on other links to other webpages before completing the purchase, then Your purchase may not be an eligible purchase. Items returned after purchase will invalidate part or all of the original eligible purchase.
iRobinHood Applications
The iRobinHood Applications (the “Applications”) will help to remind You to shop at iRobinHood's online merchant partners, expedite your shopping process, or advance the cause of your designated nonprofit organization. Your use of the Applications is voluntary and You may remove it from Your computer at any time.
If You choose to install the Applications on Your computer or otherwise access them, You acknowledge and agree that iRobinHood grants You a non-exclusive license to install and use the Applications solely for Your personal use. iRobinHood may modify the Applications software from time to time, and You hereby agree that, where Application is installed on Your computer, we may automatically install such modifications to Your computer without first asking for Your approval. iRobinHood is not obligated to support the Applications, and may at any time suspend or terminate Your license and disable the Applications software installed on Your computer.
The Applications communicates with iRobinHood and may obtain certain information regarding Your use of the Applications, including data on Your purchases. iRobinHood's use of such information is governed by the Website's Privacy Policy.
You may not make unauthorized modifications, reverse engineer, disassemble, decompile, or attempt to derive source code of the Applications software. You represent that You are not a resident of, and agree that You may not download or otherwise export the Applications software into any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals.
Tax Matters
You agree that You are solely responsible for any and all tax obligations, if any, due to all taxing authorities arising from or in connection with Your participation in the Website's activities.
iRobinHood will provide you an annual statement stating your donation activity for the fiscal year. Receipt of such a document requires that you register with iRobinHood. This letter from iRobinHood will be placed in your online iRobinHood account. Once you have received the letter, you can provide it to the respective nonprofit organization to issue you a tax receipt. We will provide you the letter stating your donation activity on a best efforts basis. Providing insufficient and/or inaccurate information may cause further delays in issuance of such a letter. iRobinhood does not guarantee that a tax letter from the nonprofit organization will be issued to you.
Community Forums; Communications; Uploaded & Linked Content
The Services will make available to You certain tools allowing You to communicate with fellow supporters, invite friends and family to become supporters, and upload and review content of interest to the Services. Participation in these forums is subject to the terms set forth herein.
Links to Third Party Sites; Advertisers
The Services will provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse any such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products, or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party’s website that you access.
Privacy Policy
Please see our Privacy Policy for additional details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.
Content
You may be permitted to post Content to the Services. You are solely responsible for any content, photos, artwork, videos, text, graphics, articles, and other information you upload, post, display, or otherwise provide to the Services (“Content”). You represent and warrant that: (i) you own the Content posted by you on the Services or otherwise have the right to grant the license set forth below; (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Content on the Services does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees, and other monies owing to any person by reason of any Content you post on the Services.
In no event will anything contained in these Terms of Use or any area of the Services be construed as a representation or guarantee with respect to any of the content contained or provided by the Services. We do not guarantee the accuracy, completeness or usefulness of any content, nor are we responsible for any loss or damage caused by your reliance on information obtained from the Services or in a hyperlinked site. Furthermore, we do not endorse, nor are we responsible for the accuracy and reliability of any opinion, advice or statement made on the Services by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content.
We reserve the right, in our sole discretion, to reject, refuse to post, or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove your profile and/or restrict, suspend, or terminate your access to the Services if we determine, in our sole discretion, that you pose a threat to the Services and/or its other users.
The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Services. Prohibited Content includes, but is not limited to Content that:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 21;
provides any telephone numbers, street addresses, last names, URLs or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming;"
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
includes a photograph of another person that you have posted without that person's consent.
We do not claim any ownership rights in the Content that you post to the Services. After posting your Content to the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By supplying Content to any area of the Services, you automatically grant to us for purposes of maintaining the Services, and you represent and warrant that you have the right to so grant, an irrevocable, transferable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sub-licenses of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Content.
The Services are protected by copyright, trademark, and other laws and we own and retain all rights in our content on the Services. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display our content (excluding any software code) solely for your personal use in connection with viewing and utilizing the Services for their intended purposes.
Electronic Communications
iRobinHood allows You to communicate with fellow iRobinHood supporters. By using any such communication tools, You agree to comply with the terms specified herein. Certain of these tools may, with Your consent, upload email or other information from Your computer. By using such communication tools, You acknowledge that You have authorized iRobinHood to access and upload such information and to send email or other communications to those email addresses that You designate. Our use of this data is subject to our Privacy Policy.
You agree that any use of email to fellow iRobinHood supporters or using tools available to You through the Services must comply in all respects with these Terms of Use and any and all applicable laws, including the requirements of the Can Spam Act of 2003 and the rules promulgated thereunder.
Consent to receive email
As a supporter in the activities of the Services, it is important that we be able to communicate with You. You hereby consent to the receipt of all communications from us electronically through either (i) access to Your account on our Website or Application (ii) the email address that You provide to us in Your account information.
Electronic communications are presumed to be delivered to and received by You when sent by us, whether actually received or not. You acknowledge that You have access to hardware and software that will enable You to receive and read such correspondence in electronic form.
Digital Millennium Copyright Act (“DMCA”) Notice
We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not store any Content on, or disseminate any Content over, the Services, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, reproduce or exploit in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate the Services privileges of any user who repeatedly infringes the copyright rights of others.
If you feel that a posted message or other Content is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below
If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows: By E-Mail:
[email protected] Indemnity
You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party (including, without limitation, claims for defamation or violation of rights of publicity and/or privacy) due to or arising out of your use of the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein). We reserve the right to assume the defense and/or settlement, at your expense, of any claim brought against us that is subject to this section. You agree to cooperate fully in our defense and/or settlement of any such claim.
Term
These Terms of Use shall remain in full force and effect while you use the Services and/or maintain an account with us. You may terminate your membership at any time, for any reason. We may terminate your membership at any time, without warning. Even after your membership is terminated, you continue to remain bound by these Terms of Use to the extent you continue to access the Services in any capacity.
Fees
You acknowledge that we reserve the right to charge you for your membership and to change the fees from time to time in our sole discretion. If we terminate your membership because you have breached these Terms of Use, you shall not be entitled to a refund of any unused portion of your membership fees (if any).
Member Disputes
You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Limitation on Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR MEMBERSHIP.
U.S. Export Controls
Software made available to you by the Website (the "Software") is subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Miscellaneous
Use of iRobinHood's Name
These Terms do not grant to You any license or right to use iRobinHood's name or any of the logos or trade or service names or marks without out consent.
Force Majeure
iRobinHood shall not be liable to You by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or internet facilities, or any other cause which is beyond the reasonable control of iRobinHood's, whether or not similar to the foregoing.
Severability
If any portion of these Terms of Use is held by a court with jurisdiction to be invalid or unenforceable, the remaining portions hereof, shall remain in full force and effect. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Services are personal to you and may not be transferred or assigned. These Terms of Use are governed by U.S. federal law and the laws of the State of New York, regardless of your location, and without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located New York County, New York, U.S.A. in all disputes arising out of or relating to the Services. To the fullest extent permitted by applicable law, you agree that no legal actions under this Agreement shall be joined to an action involving any other current or former iRobinHood user, whether through class action proceedings or otherwise. At our option, we have the right to demand that any dispute between us and you about or involving the Services must be settled exclusively by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction. Use of the Serbvices is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Services), constitutes the entire understanding between you and us.
Please contact us at
[email protected] with any questions regarding these Terms of Use.
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through electronic communication or email if you have provided us with your accurate email address.
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