Terms of Use

Last Updated: September 21, 2018

 

Welcome to darelle, the website (https://www.darelle.com) where charitable, nonprofit, and religious organizations can create, sell, deliver, and manage their raffle and 50-50 draw programs, completely online. We know that as organizations hosting a raffle and consumers you want things to run safely and smoothly. We want the same thing for the darelle platform. We’re excited you are here.

Please read these Terms of Use (or “Terms”) carefully as they contain important information about your legal rights, remedies, and obligations. By using the Site or any darelle Media, Inc. Service, you are agreeing to these terms, as well as our Privacy Policy, and all of these terms will govern your use of the Site and our Services. If you do not agree to these terms, you must cease use of the Site and our Services. The term "you" refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services. The current User Agreement is effective on September 21st, 2018, for current Users, and upon acceptance for new Users.

By accessing or using darelle’s Services, you agree to comply with and be bound by these Terms, as applicable to you.

IF YOU DO NOT AGREE TO THESE TERMS OF USE FOR ANY REASON WHATSOEVER, IMMEDIATELY STOP USING THE SITE AND ANY SERVICES PROVIDED BY, DARELLE MEDIA INC, PARTICIPATE IN ANY PROGRAM OR, CREATE ANY BUY REQUEST OR PURCHASE A VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE

  1. Accepting These Terms

    • What’s What

darelle’s products, features, and offerings are available (a) online through the website located at https://www.darelle.com (the “Site”) (b) off platform, including without limitation, entry management, marketing or distribution services; and (c) through webpages, application programming interfaces, and subdomains (“Applications”). (a), (b), and (c) are collectively referred to as our “Services”.

  • Who’s Who

When these Terms use the term “Organizer” we mean charitable, nonprofit, and religious organizations using the Services to create raffle ticket and 50-50 draws (“Raffle Programs”) displayed on the Services for consumers using our Services (a) to consume information about the Raffle Programs, or (b) for any other reason. Organizers, Consumers and third parties are all referred to in these Terms collectively as “Users”, “you”, or “your”.  “Organization” is entity which has obtained the appropriate licensing to conduct a Raffle Program. Darelle Media Inc. (“darelle”, “we”, “us” or “our”) owns and operates  the Site located at https://www.darelle.com.

  • Our Services

darelle’s Services provide a simple and quick means for Organizers to create organization profiles, provide details of their raffle ticket and 50-50 draws and other webpages related to their Raffle Programs, promote those pages to visitors or browsers on the Services or elsewhere online, sell tickets, and manage online or onsite ticket sales and registration, related to those Raffle Programs to Consumers or other Users.

  • What the “Terms of Use” Means.

Terms of Use and other documents referenced in them comprise darelle’s “Terms”. Terms are a legally binding agreement between you and darelle governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing the Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity ( such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity as well as yourself.

We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

  1. darelle’s Services and Role

    • What We Do

darelle’s Services provide a simple and effective way to host Raffle Programs online. The Site brings together Organizations who hold fundraising raffle and/or 50-50 draws (collectively referred to as a “Raffle”) with people (“Raffle Entrants” and/or “Consumers”) who wish to purchase tickets (“Raffle Ticket”), as part of the Raffle. While the nature of what we do may vary from time to time, the following summarizes some of the Services we may offer:

  • Raffle Ticket creation;
  • Sale and delivery which may include online and physical;
  • Raffle Ticket management;
  • Raffle Ticket control system;
  • Real-time payment processing linked directly to Organizations Gaming Bank Account;
  • Physical and online payment processing including mobile POS;
  • Electronic and physical draw options;
  • Winner notification across platform;
  • Document reports including Transaction Summary, Ticket Reconciliation, Purchase by Referral (multi-level tracking), and Ticket by Assignment;
  • Prize distribution where applicable; and
  • Social media sharing tools to assist in Raffle Ticket sales

Proceeds from purchases of Raffle Tickets go directly to the Organization. A transaction fee is charged by Stripe for processing your purchase and is subject to the terms and conditions set out between Stripe as the payment processor and the Organization running the Raffle Program. All personal information collected during the process is sent to the Organizations and is handled according to the terms of the Organization’s privacy policy and used accordingly. The information collected by the Organization is used to process the purchase of Raffle Ticket(s), manage the Raffle Program, and keep you informed. Winners consent to the release of their names by the Organization. Ticket purchasers must be at least 18 years old (or the age of majority in the jurisdiction in which the Raffle Program originates). If a winning ticket bears a minor’s name, the prize will be lawfully delivered on behalf of the minor to the minor’s parent, legal guardian or trustee. Rules of play for each Raffle Program are determined by the Organization and will vary depending upon the jurisdiction the Organization obtains a license and operates in. You will be required to refer to the Rules of Play associated with the Raffle Program you intend to purchase a ticket for before completing your purchase. A link to the Rules of Play is located at the bottom of the ticket page on each Raffle Program.

 

  • How We Fit In

darelle is not the creator, Organizer or owner of the Raffle Programs listed on the Services. darelle provides its Services, which allow Organizers to create, sell, deliver, and manage their Raffle Programs. The Organizer is solely responsible for ensuring that any page displaying a Raffle Program on the Services (and the Raffle Program itself) meet all applicable local, provincial, state, national and other laws, rules, and regulations. The Organizer of a Raffle Program uses a payment processor Stripe Payments Canada, Ltd. (“Stripe”) for processing your purchase and is subject to the terms and conditions set out between Stripe as the payment processor and the Organizer as the Organization running the raffle. darelle does not process the transaction but we transmit the Consumer’s payment details to the Organization’s payment provider. darelle acts as the Organizer’s limited agent solely for the purpose of using the third-party payment process service provider to collect payments made by Consumers on the Services and passing such payments to the Organizer.

  1. Privacy and Consumer Information

    • We know your personal information is important to you and it is important to darelle too. Information provided to darelle by Consumers and Organizations or collected by darelle through the Site is governed by our Privacy Policy.
    • If you are an Organization, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) Consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) Consumers.
  2. Term; Termination

    • These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or darelle decides its best to part ways as described in Sections 2 and 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and darelle.
    • darelle may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by darelle; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose darelle to legal liability. darelle may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where in darelle’s sole discretion, failure to do so would materially prejudice you. You agree that darelle will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
    • Except to the extent you have agreed otherwise in a separate written agreement between you and darelle, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and darelle governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
    • All provision of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choices of law and judicial forum and intellectual property protections and licenses).
  3. Release and Indemnification

    • You hereby agree to release darelle from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Organizations and Consumers) in connection with the Services or any Raffle Program listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY”.
    • You agree to defend, indemnify and hold darelle and each of its and their respective officers, directors, agents, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorney’s and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) darelle’s collection and remission of taxes; and € if you are an Organizer, your Raffle Program (including where darelle has provided Services with respect to those Raffle Programs), provided that in the case of € this indemnification will not apply to the extent that the Claim arises out of darelle’s gross negligence or willful misconduct. darelle will provide notice to you of any such Claim, provided that the failure or delay by darelle in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, darelle may choose to handle the Claim ourselves, in which case you agree to cooperate with darelle in any way we request.
  4. Limitation of Liability

    • Under no circumstances shall you be entitled to recover any special, incidental, consequential or indirect damages from darelle, or its others which you may suffer arising, caused, arising out of, or in connection with, the use of, or inability to use, the materials displayed, accessed or used on the Site, or your reliance or acting upon the materials on the Site, including, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or profits, regardless of the cause and whether arising in contract, tort, in equity, at law or otherwise and whether or not darelle has or had been advised of the possibility of such damages, under no circumstances shall the liability of darelle and its others to you for damages suffered by you arising out of, related to or caused by the Site, the Services or the use thereof, exceed a maximum amount equal to the amount actually paid by you for the Services. You acknowledge that the fees paid by you reflect the allocation of risk set forth in this agreement and that darelle would not enter into this agreement without these limitations on liability.
  5. License to darelle Services

    • License to Services. We grant you a limited, non-exclusive, non-transferable, non-sublicensable , revocable right to use our Services solely to (a) browse the Services and search for, view, or purchase Raffle Tickets on a Raffle Program listed on the Services; and/or (b) create an Organization profile, Raffle Program and other webpages to promote, market, manage, track, and collect sales proceeds for a Raffle Program. Your use of the Services must be in compliance with these Terms and in compliance with all applicable local, state, provincial, national and other laws, rules and regulations.
    • Restrictions on Your License. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; or (d) engage in any activity that interferes with or disrupts the Services.
    • Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. darelle may own the Site Content or portions of the Site Content may be made available to darelle through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of darelle and is protected by copyrights laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
  6. Licenses and Permits Organizers Must Obtain

    If you are an Organizer, without limited the generality of any representations or warranties provided elsewhere in these Terms of Use, you represent and warrant to use that:
    • You and your affiliates will obtain, prior to the start of a Raffle Program and/or Raffle Ticket sales, all applicable licenses, permits, and authorizations including but not limited to licensing required by the gaming regulator in your jurisdiction, with respect to Raffle Programs hosted by you or your affiliates on the Services. Licensure includes but is not limited to applicable gaming licensing and permits;
    • You will only request that darelle offer Raffle Tickets after you have obtained any specific Licensures for the Raffle Program, including, but not limited to, any provincial, state, county, municipal or other local authority’s authorization of the Raffle Program, any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for the Organizer to promote, produce, and sell Raffle Tickets for all Raffle Programs hosted by you or your affiliates on the Services.
    • Without limiting the generality of any release provided under these Terms of Use, as a material inducement to darelle permitting you to access and use the Services, you hereby agree to release darelle, and its affiliates, and each of its and their respective parent companies, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including without limitation, attorneys’ fees, known and unknown, arising out of or in any way connected with your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
    • Without limiting your indemnification obligations elsewhere under these Terms of Use, you agree to defend, indemnify and hold darelle, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and accounting fees) resulting from any Claim due to or arising out of your or your affiliates’ Licensure. You agree to provide evidence of Licensure and related information prior to offering Raffle Tickets on the Site and promptly upon the reasonable request of darelle from time to time.
  7. License to darelle Services

  • Fees That We Charge We charge fees when an Organization hosts a Raffle Program on the Site. These fees may vary based on individual agreements between darelle and certain Organizers. Consumers will pay a fee for each Raffle Ticket (“Ticket Price”) they purchase in conjunction with a Raffle Program. The Ticket Price is determined by the individual Organizations that hosts the Raffle Program.
  • Because all transactions are between an Organizer and its respective supporters, darelle asks that all Consumers contact the applicable Organizer of their respective Raffle Program with any refund requests.
  1. Your Account with darelle
    We may require you to create an account to access certain features or functions of the Services. By entering your email and making a purchase a user account is created for you and you agree to receive personalized communications from darelle and the Organization from whom you bought the Raffle Ticket(s) from. You may unsubscribe at any time. You agree to follow certain rules when you create an account with darelle or use the Services, including the following:
  2. You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services.
  3. You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an Organization, the Organization (the “Registration Data”). You also agree to update the Registration Data if it changes.
  4. If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant darelle all permissions and licenses provided in these Terms.
  5. You agree to immediately notify darelle of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.

When you register and create an account, you will create a unique login a “User ID” that you yourself create and this is how you will be known throughout the experience  and your time on the Site. Access to the Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services that has previously been terminated by darelle may not register for an account, nor may you designate any of those individuals to use your account on your behalf. darelle relies on a User’s User ID to know whether Users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that you created, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

  1. Your Content 

  • darelle does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant darelle a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including darelle's promotional and marketing services, which may include without limitation, promotion of your Raffle Program on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, darelle does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services. 
  • Your Representations About Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.
  • Additional Rules About Your Content. Your Content must be accurate and truthful. darelle reserves the right to remove Your Content from the Services if darelle believes in its sole discretion that it violates these Terms, or for any other reason. darelle may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of darelle both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Use, including without limitation, these Terms of Use; and/or (d) protect the rights, property and/or personal safety of darelle, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices. 
  1. Rules for Use of Email Tools

    darelle may make available to you features and tools that allow you to contact your Consumers, other users of the Services, or third parties via email (the "Email Tools"). If you use Email Tools, you represent and agree that: 

    (a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence; 

    (b) your emails are not sent in violation of any privacy policy under which the recipient emails were gathered; 

    (c) you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-privacy directive; 

    (d) you will only use the Email Tools to advertise, promote and/or manage a bona fide Raffle Program listed on the Services; 

    (e) your use of the Email Tools and the content of your emails complies these Terms; 

    (f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools; 

    (g) you will respond immediately and in accordance with instructions to any Consumer sent to you by darelle requesting you modify such Consumer's email preferences; 

    (h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list. 

    If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, darelle may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools.
  2. Notices


Notices to you may be sent via email or regular mail to the address in darelle's records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact darelle or deliver any notice, you can do so at Darelle Media Inc., Attn: Legal Department 4907 Fillinger Crescent, Nanaimo, B.C. V9V 1H9 or via email to account@darelle.com  

  1. Modifications to the Terms or Services

    darelle reserves the right to modify these Terms from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the "Updated" date at the top of this page; or (c) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, darelle may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of darelle. darelle is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. darelle reserves the right modify, replace, or discontinue any part of the Services or the entire Service.
  2. Assignment

    We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. 
  3. Entire Agreement 

    Except as otherwise set forth herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and darelle and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and darelle on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of darelle relating to a specified event or events.
  4. Applicable Law and Jurisdiction

    These Terms are governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against darelle must be resolved by a court located in Vancouver, British Columbia, except as otherwise agreed by the parties. You agree to submit to  the personal jurisdiction of the courts located within Vancouver, British Columbia for the purpose of litigating all such claims or disputes. 
  5. Feedback

    We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services ("Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  6. Third Party Websites; Linked Accounts

    The Services may provide, or Users may provide, links to other Internet websites or resources. Because darelle has no control over such websites and resources, you acknowledge and agree that darelle is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with darelle partners or third party service providers. 
  7. Additional Miscellaneous Provisions

    Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.

 

 

  1. Our Contact Information

    If you have any questions about these Terms, or the Site generally, please contact us at:

Darelle Media Inc.

4907 Fillinger Crescent

Nanaimo, B.C. V9V 1H(

info@darelle.com

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