Terms

Reading and accepting the following Terms, as they are periodically updated, are required before you may begin or continue to interact with this website, place an order or begin or continue to have your social media pages or website maintained or updated by IndividualStudio.com. Your use of this website for any purpose other than to read these Terms is considered as your full consent to all the provisions of the most current version of these Terms. These Terms (referred to as Terms) are between you (the person reading this page right now) and Individual Studio, LLC. The Nature and Conditions of these Terms are as follows;

  1. Nature
  2. General Provisions
  3. Governing Law
  4. Exclusive Venue
  5. Definitions
  6. Services Frequency
  7. Exclusions
  8. Compensation
  9. Payments
  10. Payment Methods
  11. Shipping
  12. Representations and Warranties
  13. Limitation of Liability
  14. Indemnity
  15. Breach, Revocation and Cancellation
  16. Sever-ability
  17. Refunds
  18. Returns
  19. Penalties
  20. Publishing Rules
  21. Comment Rules
  22. Posted Content
  23. Submitted Content
  24. Groups
  25. Third Party Beneficiaries
  26. Disputes Resolution
  27. Dispute Costs and Fees
  1. Nature
    • 1.1. Governs graphic design, social media, website maintenance, updating and SEO services conditions rendered by Individual Studio, LLC, to You, as well as cancellations, shipping, returns and publishing rules.
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  2. General Provisions
    • 2.1. Please direct any questions not answered by reading these Terms to Individual Studio, LLC here.
    • 2.2. You may not utilize our Services if you are under eighteen (18) years of age or otherwise not competent to enter into a binding contract.
    • 2.3. Before you may use any of our Products, Services or this website, you must;
      • 2.3.1. read, agree to comply with these Terms and
      • 2.3.2. understand and accept that these Terms;
        • 2.3.2.1. take effect the moment you access this Website.
        • 2.3.2.2. It may only be amended or modified by us, unless we agree otherwise in writing with you.
        • 2.3.2.3. It may be amended or modified by us at any time and all such changes shall take full effect as soon as they are posted on this Website and your continued use of our Services shall be irrefutable proof of your consent to the most recent version of these Terms.
        • 2.3.2.4. This is the entirety of the Terms contingent on Your use of our Products, Services, Systems and Website.
        • 2.3.2.5. It contains all provisions of your relationship with us and your use of our Products, Services, Systems and Website.
        • 2.3.2.6. They shall only terminate under the conditions provided for herein.
    • 2.4. These Terms shall in no way create an agency, employee/employer, franchise or franchisee, joint enterprise, joint venture or partnership relationship between you and us.
    • 2.5. Our failure to require your performance of any provision of these Terms shall not affect our right to require subsequent performance at any time of the same provision.
    • 2.6. Should we determine, in our sole discretion, that you have violated any provisions of these Terms or applicable laws, we may, with subsequent notice to you;
      • 2.6.1. Immediately suspend or cancel your account and/or membership with us,
      • 2.6.2. use your personal information to collect all pending and applicable fees and other amounts due,
      • 2.6.3. charge you for all administrative costs in connection with any violation by you of any provision of these Terms and
      • 2.6.4. bring legal action to enjoin violations and/or to collect all damages caused by your violations of these Terms.
    • 2.7. We cooperate with law enforcement and all other appropriate authorities and organizations.
    • 2.8. Unless otherwise provided herein, you agree that;
      • 2.8.1. All notices from us to you shall be sent to the most recent email address on file with us and will be deemed immediately delivered even if you have allowed your email address on file to no longer be valid and
      • 2.8.2. all notices from you to us shall be:
      • 2.8.2.1. sent to us by registered mail and deemed delivered upon receipt of signature confirmation.
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  3. Governing Law
    • 3.1. These Terms shall be governed by the federal laws of the United States and the laws of the State of Arizona, without regard to any conflict of laws provisions.
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  4. Exclusive Venue
    • 4.1. Any actions relating to or arising out of these Terms or any use of our Website or Services that include us as a party shall be brought exclusively in the State Courts for Maricopa County, Arizona and you consent to the exercise of personal jurisdiction over you by these courts in all such actions.
    • 4.2. You agree that you shall submit, without prejudice to other potentially applicable jurisdictions.
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  5. Definitions
    • 5.1. “Agreement” means the most current version of these Terms .
    • 5.2. “Licensed Materials” means our intellectual property, including but not limited to; our logos, trade names, service marks, trademarks and trade dress.
    • 5.3. “Membership” means anyone holding an account in compliance with this Agreement.
    • 5.4. “Profile” means the membership information, including but not limited to; your legal name, address, telephone, fax and/or email.
    • 5.5. “Product” means each and every product we offer.
    • 5.6. “Profile Page” means the page of the same name on the Website where your membership information is shown.
    • 5.7. “Services” means each and every service we offer.
    • 5.8. “Website” means IndividualStudio.com and all other Uniform Resource Identifiers we use to provide our Products and Services.
    • 5.9. “System” means all of our software and hardware, whether owned, leased or otherwise contracted.
    • 5.10. “Studio”, “we,” “us,” and “our” means Individual Studio, LLC, an Arizona limited liability company.
    • 5.11. “You,” “your,” and “yourself” means any person, organization or business entity that seeks to use our Services, as well as their agents, assigns and/or successors.
    • 5.12. “Active” (Group) means users post comments, group information is updated, events and missions are created. If a group is inactive for more than 30 days it will be deleted.
    • 5.13. “Submitted Content” means any digital or physical or tangible thing uploaded or physically sent by you to us or our Website.
    • 5.14. “Terms” means the most current version of this combined text.
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  6. Services Frequency
    • 6.1. Websites will be updated on a daily, weekly and/or monthly basis as per your content, SEO, social media or website maintenance plan (specified on plan page(s)).
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  7. Exclusions
    • 7.1. All social media and website maintenance, SEO and updating services are separate from any and all additional products and services rendered by or requested by/from Us that are not governed in these Terms such as but not limited to (and unless otherwise stated in writing); Business card design, marketing materials, television project production, etc. Monthly web site updating charges are separate from any other fees associated with maintaining a common/modern website including; Domain name (www.YourWebsite.com) registration renewal and hosting account (the backbone service for your website) renewal, which are Your responsibility unless otherwise agree to in writing by Us. Monthly maintenance payments are payments made toward maintenance of the social media pages or websites’ organization and file systems, not toward content updating, the lease, purchase, overall design or appearance of the social media page or website currently referenced at the domain name in question.
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  8. Compensation
    • 8.1. Compensation from you to the Studio will be a pre-payment for services rendered the following month and must be received by the Studio on or before the 1st day of each month. Monthly services will only take place after sufficient payment has been made.
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  9. Payments
    • 9.1. You are responsible for making timely payment of all amounts you owe us when they come due (as indicated in any and all contract(s), email, auto-pay profiles, etc.).
    • 9.2. Should we charge fees, we may change our fees at any time and the new fees shall take immediate effect.
    • 9.3. Your obligation to make due payments shall survive termination of these Terms.
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  10. Payment Methods
    • 10.1. Payment should be made by company check, Debit, Visa, MasterCard, PayPal or money order. Send all checks and money orders to:
    • Individual Studio, LLC

      PO Box 383

      Mesa, AZ 85201-0383

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  11. Shipping
    • 11.1. We highly recommend that you choose UPS for the shipping method whenever possible. UPS provides tracking information for all orders and insurance for lost or damaged packages. If you choose another method of shipping, you hereby accept all liability for lost or damaged orders. We will not and cannot do anything for lost or damaged orders that were not sent via UPS.
    • 11.2. You are responsible for all freight charges for refused shipments and they will be added to your invoice total. Freight/insurance costs are prepaid. All items are shipped via FedEx, USPS or UPS. Items will be shipped within one week of receipt of order, though generally much sooner. Out of stock items will be shipped according to availability of product. Dimensions/oversize weights are applied to freight charges when applicable.
    • 11.3. Backorders: If your order contains a pre-ordered item or a back-ordered item, the entire order will ship once all items are in stock. If you would like to have a partial order shipped immediately and are willing to pay an additional shipping charge, please contact our offices.
    • 11.4. Damage/Loss: All claims for damage/pilferage must be filed by you with the delivering carrier. We cannot file these for you. All claims for incorrect shipments/billing must be made within 10 days of receipt. In the event of a faulty product, meaning the manufacturer has confirmed the defect, we will request that you return the product, after which we will ship out a replacement product.
    • 11.5. For Products shipped within the United State of America, applicable sales taxes are automatically applied to the purchase total and must be paid as part of the total purchase amount. You alone are responsible for sales taxes due outside the State of Arizona.
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  12. Representations and Warranties
    • 12.1. You represent and warrant that;
      • 12.1.1. all Profile information you provide to us is accurate and none of the Profile information or documents your provide to us contain fraudulent or otherwise inaccurate information,
      • 12.1.2. you will immediately update your Profile information after it becomes inaccurate,
      • 12.1.3. you will not directly or indirectly infringe the legal rights of third parties or our Licensed Materials,
      • 12.1.4. you have not entered into this Agreement and will not enter into any additional agreements with us in bad faith and
      • 12.1.5. you are at least legally competent to enter into a binding contract with us.
    • 12.2. We make no representations or warranties of any kind in connection with these Terms.
    • 12.3. With regard to this Website and our Services;
      • 12.3.1. We expressly disclaim all warranties, express or implied, including, but not limited to: the implied warranties of merchant-ability and fitness for a particular purpose.
      • 12.3.2. We do not warrant that our Services will meet your requirements, be uninterrupted or error free.
      • 12.3.3. We do not make any warranties or representations regarding use, correctness, accuracy, or reliability.
    • 12.4. You agree that;
      • 12.4.1. you use this Website and our Products and Services at your own risk,
      • 12.4.2. you use the Website and our Products and Services on an “as is” and “as available” basis and at your own discretion,
      • 12.4.3. you alone are responsible for any damage to your hardware and software or loss of data in any way related to your use of this Website or our Services.
      • 12.4.4. Neither we nor our members, officers, employees or agents shall have any liability to you and
      • 12.4.5. no advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms.
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  13. Limitation of Liability
    • 13.1. You agree that we will not be liable for any harm or loss that may occur in connection with;
      • 13.1.1. any act or omission by you or your agent, whether authorized or unauthorized,
      • 13.1.2. your use or inability to use our Products and Services,
      • 13.1.3. public or private information, whether accurate or inaccurate or fraudulent, provided by you or a third party,
      • 13.1.4. access delays or access interruptions to our Services,
      • 13.1.5. the failure to deliver or erroneous delivery of information,
      • 13.1.6. any breach of contract you have with a third party (such as an employer),
      • 13.1.7. any breach of a 3rd partys’ intellectual property as a result of information posted by you,
      • 13.1.8. your failure to pay us any applicable due payment,
      • 13.1.9. the actions, orders and judgments of administrative, judicial and other governmental bodies.
    • 13.2. We shall not be liable to you or anyone else for delays in or failures to perform our obligations under these Terms that directly or indirectly result from events or causes beyond our reasonable control including, but not limited to; hardware or software failures, other equipment failures, electrical power failures, labor disputers, strikes, riots, hurricanes, fires, floods, storms, explosions, “acts of God”, war, governmental actions, orders of domestic or foreign courts, administrative bodies or the non-performance of third parties.
      • 13.3. We shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including but not limited to; lost profits, goodwill, use, data or other intangibles whether in contract, tort or negligence even if you/we are aware of the possibility or probability of such damages.
      • 13.4. If a competent court deems us liable to you, our maximum possible liability to you for any reason shall not exceed $100.
      • 13.5. There are limitations to the guarantees we can provide. Although we strive for your websites’ optimal performance and security, we did not build the content management system (cms) software, extensions and plugins used on any website, nor do we supply the hosting platform it runs on. For this reason, we do not represent, guarantee or warrant that the functions contained in these webpages or internet websites will be uninterrupted, error-free, free from loss, corruption, attack, viruses, interference, hacking or other security intrusions and we disclaim any liability relating thereto, as these things would be the responsibility and within the absolute control of any conscripted Hosting Service Company. To the extent not prohibited by law, in no event will we be liable to the client or any third party for any damages, including but not limited to; any loss of profits, lost savings, loss of data, business interruption or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if web Company have been advised of the possibility of such damages.
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  14. Indemnity
    • 14.1. You agree to defend, indemnify and hold us and our members, officers, employees, affiliates and agents harmless from and against any and all liabilities, losses, damages or costs including all attorneys’ fees, collection fees and court costs related to any demand or litigation in any way related to;
      • 14.1.1. your use of our services,
      • 14.1.2. your breach of these Terms,
      • 14.1.3. inaccurate or fraudulent information provided by you or a third party,
      • 14.1.4. the cancellation or limitation of your ability to use our system, products and services including but not limited to our Website or
      • 14.1.5. infringement of any third party rights arising from your use of our system or services.
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  15. Breach, Revocation and Cancellation
    • 15.1. In the event that you breach any provision of these Terms, you agree that we may immediately terminate your use of our Services and System.
    • 15.2. In the event such a breach occurs by you, we may post on the Website that you have violated these Terms.
    • 15.3. In the event we determine that you have or continue to violate these Terms;
      • 15.3.1. We reserve the right to prosecute civil and/or criminal actions against you for any abusive behavior you engage in regarding your use of our Services and System and
      • 15.3.2. You will also be subject to legal ($200 per hour), administrative ($75 per hour) and technical ($150 per hour) fees in a reasonable amount for damages incurred by us for any violations of these Terms.
    • 15.4. Your maintenance plan can be cancelled by remitting to the Studio a facilitation and paperwork processing fee of $100.00 while in good standing and on the proper payment schedule stipulated (if applicable). Your plan can be cancelled while not in good standing, however past due charges and late fees (if applicable) in addition to the $100.00 cancellation charge stipulated in these Terms will be collected by the Studio. 30 day minimum advance notice in both cases is required.

    • 15.5. If you cancel website payments (auto pay or other wise, for maintenance, content updating, social or otherwise) based off an advertised website special or promotion, full payment comes due immediately. Minimum $500, $1,000 for eCommerce sites and $2,500 for Custom Web Sites.
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  16. Sever-ability
    • 16.1. In the event that one or more provisions of these Terms is deemed unenforceable or invalid, the unaffected provisions of these Terms shall continue in effect and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.
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  17. Refunds
    • 17.1. No payments on tangible products (business cards or other printed materials), whether purchases or donations, shall be refunded unless printed defects occurred at the fault of us and all sales are final unless otherwise arranged.
    • 17.2. Except for confirmed manufacturer defects, you are responsible for all freight and shipping charges as well as a restocking fee of 15% of the sale price, for unaccepted or refused delivery shipments, in addition to the price of the goods or services not properly cleared for Refund.
    • 17.3. You shall not charge back any payments to us (through Bank, PayPal or otherwise), unless you have been the victim of identity theft and provide us with a valid police report first. Your failure to comply with this section may result in breach of these Terms and immediate termination of your use of our Services, as well litigation.
    • 17.4. No refunds will be given for website hosting payments. Please contact your hosting company.
    • 17.5. No refunds will be given for domain name payments. Please contact the domain name registrar.
    • 17.6. No refunds will be issued for freight or shipping charges. Please contact the freight or shipping company.
    • 17.7. No refunds wills be issued for Custom Logos after source files have been delivered to you.
    • No refunds will be issued for Custom Websites, after completion.
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  18. Returns
    • 18.1. No product may be returned without first receiving an RA# (see refunds, above).
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  19. Penalties
    • 19.1. All late payments by fault of You will be assessed a late payment fee of $5.00 per day late after the 1st of the month and capped at $20/month. All late and regular payments must be satisfied and account must be current before SEO, social media page, website maintenance or content updating can resume. Recurring monthly payments stipulated in these Terms do not terminate upon being in a late payment status and are billable in addition to any past due monthly updating service charges, late fees and/or Terms cancellation fees (see Breach, Revocation and Cancellation, above).
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  20. Publishing Rules
    • 20.1. You will stay on topic (post under the proper category)
    • 20.2. You will post articles to the ONE category that best applies
    • 20.3. You will not spam (spam is flooding the internet with many copies of the same message, in an attempt to force the message on people who would not otherwise choose to receive it)
    • 20.4. You will not include links to websites and videos not associated with the topic or links that “Open in Same Tab” or page.
    • 20.5. You will not post the same comment or article multiple times or multiple categories
    • 20.6. You will not solicit anyone to buy or sell products, services or to make donations of any kind. You will not include such links to products in your status updates, comments, articles or groups
    • 20.7. You will not post anything libelous, defamatory, harmful, threatening, harassing, abusive, invasive of another’s privacy, hateful, racially or ethnically objectionable or otherwise illegal
    • 20.8. You will not make threats to other users or people not associated with this Website
    • 20.9. If you violate these rules, your posts and/or user name will be deleted
      • 20.9.1. Remember: you are a guest here. It is not censorship if you violate these Terms and your post, account or membership is deleted. You are free to refuse to use this website, products or services if you disagree with one, all or some of the provisions in these Terms.
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  21. Comment Rules
    • 21.1. You will stay on topic
    • 21.2. You will not spam (spam is flooding the Internet with unnecessary or out of topic comments)
    • 21.3. You will not include links to websites and videos not associated with the topic
    • 21.4. You will not post the same comment multiple times on the same or different articles
    • 21.5. You will not solicit anyone to buy or sell products, services or to make donations of any kind. You will not include links to products in your status updates, comments, articles or groups
    • 21.6. You will not post anything libelous, defamatory, harmful, threatening, harassing, abusive, invasive of another’s privacy, hateful, racially, ethnically objectionable or otherwise illegal.
    • 21.7. You will not make threats to other users or people not associated with the Website
    • 21.8. If you violate these rules, your comment(s) and/or user name will be deleted
      • 21.9. Remember: you are a guest here. It is not censorship if you violate these Terms and your post, account or membership is deleted. You are free to refuse to use this website, products or services if you disagree with one, all or some of the provisions in these Terms.
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  22. Posted Content
    • 22.1. We may review and delete any content you post on this Website or elsewhere utilizing our Services or System if we determine, in our sole discretion, that the content violates the rights of others, is not appropriate for this Website or otherwise violates these Terms.
    • 22.2. We may allow you to upload content, such as photographs but only to your account with us.
    • 22.3. You must hold all intellectual rights to content, such as text or photographs, you upload to this Website.
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  23. Submitted Content
    • 23.1. By submitting content on or through the Website, you hereby grant to us and our affiliates, licensees, business partners, successors and assignees a non-exclusive, irrevocable, worldwide, perpetual, fully-paid and royalty-free, freely sub licensable and transferable (in whole or in part) license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works and compilations based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and other exploit such submitted content, including your name, voice, likeness, performance, life stories and biographical information contained in such submitted content, as well as any and all ideas, concepts, know-how and techniques embodied in such submitted content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes (including, without limitation, entertainment content development, production, broadcast and distribution, advertising, promotion, publicity, social media campaigns, merchandising, publishing, education and charity). You further acknowledge and agree that the foregoing use and exploitation of such submitted content shall not require any notice or attribution to you and shall be without the requirement or condition of any approval or permission from or any payment or compensation to you or any other person or entity. You hereby grant us a perpetual, worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and otherwise use all content that you post on the Website or otherwise through the use of our Services or System.
    • 23.2. We do not knowingly accept, via the Website Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. We request that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any of Our creative work, including, without limitation, a film, television series, story, title or concept would be purely coincidental. If you do make an unsolicited submission to Us via the Website Services or System however, you agree that: (i) such unsolicited submission is not being made in confidence or trust and that by making such submission, no contractual or fiduciary relationship is created between you and Us, (ii) such unsolicited submission constitutes “Submitted Content” and is subject to the grant of the license described and (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submission. Also, by making an unsolicited submission to Us via the Website Services or System, you waive the right to make any claims against Us and Our affiliates, licensees, business partners, successors and assignees relating to such unsolicited submission, including, without limitation, claims for unfair competition, unjust enrichment, breach of implied contract and/or breach of confidentiality.
    • 23.3. If you did not create or obtain a license to use content on the Website, you may not use content on the Website other than through normal use of the Website, as intended by us.
    • 23.4. If you believe that your intellectual property rights have been violated, please see our DMCA section.
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  24. Groups
    • 24.1. Your group must remain active, otherwise, after 30 days it will be deleted (see ‘active’ definition above in section 1.12)
    • 24.2. Your group will not be based on anything libelous, defamatory, harmful, threatening, harassing, abusive, invasive of anothers privacy, hateful, racially, ethnically objectionable or otherwise illegal
    • 24.3. Your group will not solicit anyone to buy or sell products, services or to make donations of any kind
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  25. Third Party Beneficiaries
    • 25.1. There shall be no third party beneficiaries to these Terms. All assignments are void unless consented to by us in writing.
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  26. Disputes Resolution
    • 26.1. All problems that arise in the course of these Terms will be dealt with in a Maricopa County court of law in Arizona, USA. The Studio may also report your payment delinquency if late with one or all of the 3 major credit reporting agencies however, this would only happen in a very extreme situation.
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  27. Dispute Costs and Fees
    • 27.1. If we reasonably decide to retain an attorney or a collection agency to enforce these Terms, the prevailing party will be entitled to an award of all reasonable fees and costs, regardless of whether a judgment is rendered or suit is ever filed.
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