Terms & Conditions for Artshaus.co.uk

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.

Welcome to ArtsHaus. These Terms of Use (“Terms”) are an agreement between you (“You” or “Your”) and ArtsHaus Limited (“ArtsHaus” or “We” or “Our” or “Us”) that governs Your access to and use of Our website (www.artshaus.co.uk - the "Website"), products, and services (collectively, “Services"). By accessing or using Our Services in any way, you agree to these Terms, which apply in conjunction with Our Privacy Policy. If You do not agree to these Terms, You are not permitted to access or use Our Services. Please read these Terms carefully, and feel free to contact Us if you have any questions at legal@artshaus.co.uk.

1. ABOUT US

1.1

We are ArtsHaus Limited (company number 10869664) and Our registered address is 112 Grove Lane, Hale, Altrincham, Cheshire, WA14 8LS. We are not an art sales agency or online gallery. We are the providers of the Services. It is Our “Sellers” (which includes galleries, studios and dealers) that list the “Goods” i.e. artwork for You to view.

1.2

To contact Us, please email customersupport@artshaus.co.uk.

2. ACCEPTANCE OF OUR TERMS

2.1

These Terms set out all of the rules and obligations that apply to Your use of Our Services.

2.2

By using Our Services, You confirm that You accept these Terms and that You agree to comply with them. They are a legally binding agreement between You and Us. If You do not agree to these Terms, You must not use Our Services or otherwise access the Website “Content” - information, data, software, audio, music, sound, images, graphics, video, chat, messages, files, ideas or text.

2.3

By using Our Services, You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with them. The Services are not intended for the use of children under 13. If You are under 13 years of age, you must refrain from using Our Services.

2.4

We offer a variety of Services, and additional guidelines, terms and conditions may apply to some Services (“Service Terms”). By using those Services, you agree to their Service Terms. If any of our Services have Service Terms that conflict with these Terms, those Service Terms will control to the extent of the conflict as relates to those Services.

2.5

These Terms may also make reference to other terms that apply when using Our Services, such as Our Privacy Policy and Cookie Policy. By using the Services, You agree to both these Terms and Conditions and to the Privacy

Policy (the "Privacy Policy"), which is available at www.artshaus.co.uk/privacy. By using Our Services, You consent to the processing of Your data in accordance with these policies.

3. RIGHT TO CHANGE OUR TERMS

3.1

We may amend these Terms from time to time by updating them on the Website. We reserve the right to change these Terms, including the right to modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.

3.2

Every time You wish to use Our Services, please check these Terms to ensure You understand the terms that apply at that time. If You do not agree to any changes made by Us to these Terms, You will no longer be permitted to use Our Services.

3.3

We will not be liable to You or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by Us to these Terms, including any loss of business or the ability to use any product, service or Content.

4. RIGHT TO MAKE CHANGES TO OUR SERVICES

4.1

We do not guarantee that Our Services, or any Content on Our Website, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Services for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.

4.2

ArtsHaus shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.

5. OUR SERVICES

5.1

Our Services include an online marketplace where “Users” (meaning any person or entity that accesses or uses Our Services in any way, whether or not they register for an ArtsHaus account, including You) may browse Goods offered for sale by Our approved Sellers. Our Services also include features that enable Users to contact and communicate with Us or Sellers about the Goods listed on Our Services.

5.2

As a marketplace, We do not own, take title to, have possession of, or sell any of the Goods listed, marketed or otherwise offered through Our Services or Services (be that online or offline). All Goods offered for sale are sold directly from the Seller to the buyer, and We are not a party to any sale. We do not transfer, and are not responsible for transferring, legal ownership or physical possession of any Goods from the Seller to the buyer.

5.3

These Terms apply to all Sellers, but acceptance of these Terms alone does not give You permission to use Our Services as a Seller. You must be approved by Us in writing before You can act as a Seller on the platform and must also abide by Our Seller Terms and Conditions.

5.4

We may facilitate communication between Users and Sellers in connection with some Goods; however, such Services are offered for convenience only. We have no agency authority and are not the agent of any User or Seller for any purpose.

5.5

We do not endorse or make any representations or warranties of any kind, express or implied, with respect to: (i) Users’ listings on Our Services or related “User Content” (meaning any content visible on Our Services provided by Our Users or Sellers), whether as to accuracy, completeness, truthfulness, reliability or otherwise; or (ii) any Goods listed, marketed, offered or sold (whether online or offline) by any Seller, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, or otherwise. All images reproduced © of original artists.

5.6

We do not endorse or control and are not responsible for the conduct (whether online or offline) of any buyer, prospective buyer or Seller. We make no representations or warranties as to the character, reputation, policies or practices of any buyer, prospective buyer or Seller. We make no representations or warranties that any buyer, prospective buyer or Seller will complete any transaction or otherwise perform as promised.

5.7

No statement made by any Seller about any Goods (whether orally, in writing, on Our Services or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by Us.

5.8

When You fill out and submit an enquiry form through Our Services, this constitutes permission for the Seller, to which that form was submitted, to contact You in response to Your query. The use of Your data in this way is in accordance with Our Privacy Policy.

5.9

We reserve the right to monitor and/or review any and all User Content and/or communications transmitted on or through Our Services. This may be used to enforce or investigate potential violations of these Terms or Our other policies or agreements with Sellers/Users, to detect, prevent or otherwise address fraud, security or technical issues, or to otherwise administer, improve or operate Our Services and/or customer support, without notice or liability, at any time at Our sole discretion. We also reserve the right to access, preserve and disclose any information if We believe it is reasonably necessary to: (i) respond to claims against Us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or Our other policies or agreements with Users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of ArtsHaus, You, or others.

5.10

We may receive a commission from some Sellers on some sales, subject to separate agreements between Us and those Sellers.

6. USER CONTENT AND COMMUNICATIONS

6.1

The following rules of conduct apply to Your use of the Services and to any and all Content You post on Our Services whether such Content is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Our Website.

6.2

You may not, in connection with Our Services, upload, post, email, transmit or otherwise make available any Content that:

is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarised;

infringes or violates any patent, copyright, trademark, trade secret or other property right;

violates or encourages others to violate any applicable law, statute, ordinance or regulation;

breaches a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;

constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;

promotes software or services that deliver unsolicited e-mail;

contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines or computer code;

is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

harms minors in any way.

6.3

Whenever You make use of features that allow You to make contact with other Users via Our Services, You must comply with the content standards set out in these Terms. You warrant that any such communications comply with the standards mentioned in these Terms and You will be liable to Us and indemnify Us against any breach of this warranty.

6.4

We will determine in Our discretion alone whether there has been a breach of these Terms. Where a breach of these Terms has occurred We may take such action as We deem appropriate. This action may include the following:

immediate, temporary or permanent withdrawal of Your right to use Our Services;

immediate, temporary or permanent removal of any posting or material uploaded by You to Our Services; further legal action against You; and

disclosure of such information to law enforcement or authorities as We reasonably feel necessary.

6.5

In addition to all of Our rights set out above, We reserve the right to take down any content that You upload to Our Services at any time without notice and without having to give a reason. Equally, You acknowledge that We have no obligation to review or screen any User Content, and that by using Our Services, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable.

6.6

All content that You upload to Our Services will be considered non-confidential and non-proprietary and We have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose Your identity to any third party who claims or alleges that content posted or uploaded by You to Our Services breaches that third parties' legal rights.

6.7

By submitting, posting, publishing or otherwise providing any User Content on or through our Services, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and

license to use, host, store, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display Your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving Our Services, and developing new Services. You represent and warrant that: (i) You own or otherwise control all of the rights to Your User Content; and (ii) the use of Your User Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.

6.8

Some Content may be marked as “featured” (or marked with other similar language) when it is provided on or through Our Services. Such markings are for general informational use only and are not an endorsement, representation or warranty of any kind by Us.

6.9

Please note that Content covers a wide range of artwork and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If You allow your child or anyone else to use your computer or other device, it is solely Your responsibility to prevent them from accessing any Content that You think is or may be inappropriate for them.

7. USER REGISTRATION

7.1

To access certain features on Our Service, You will have to register with Us to create an account. By registering with Us, You represent that You are of legal age to form a binding contract and are not a person barred by any laws from using Our Services. At Our discretion, We may refuse Your application for registration. If We accept Your application for registration, We will confirm this by sending You an email containing Your account ID.

7.2

Each registration is for a single user only. You must not share Your username and password with any other person or with multiple users on a network.

7.3

When creating Your account and user profile You must provide accurate and complete information.

7.4

You are solely responsible for the activity that occurs on Your account, and You must keep any account ID and password that may have been given to You or chosen by You for use of Our Services secure. In addition, You agree to immediately notify Us of any unauthorised use of Your password or account or any other breach of security. ArtsHaus cannot and will not be liable for any loss or damage arising from Your failure to comply with clause 7.2 or this clause 7.4.

7.5

We have the right to disable any account ID or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms.

7.6

We have the right to monitor the activities you undertake within your User account to improve our Services and provide You with User specific suggestions, marketing material and promotions.

8. GENERAL RESTRICTIONS AND ACCEPTABLE USE

8.1

You are responsible for providing any equipment (such as computers or mobile devices) and network access necessary for you to use our Services or communicate with us at your own cost. You accept that You are solely responsible for ensuring that Your computer system meets all relevant technical specification necessary to use Our Services

8.2

You must not misuse Our Services. In particular, You must not hack into, circumvent security or otherwise disrupt the operation of Our Services, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Services and any forms You submit must be a genuine enquiry.

8.3

You must not use or attempt to use any automated program (including, without limitation, robots, spiders, scrapers or similar technological devices or programs) to access Our system or Services, or to fill in and/or send forms on Our Services, or to search, display or obtain links to any part of Our Website, other than the home page at www.artshaus.co.uk, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of Our Services. Obtaining access to any part of Our system or Services by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.

8.4

In addition, You may not use Our Services to:

engage in commercial activities, except for those associated with being an approved Seller through Our Services;

collect information about Users or send marketing email or other promotional communications to Users without their consent;

decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;

list, market, offer for sale, or sell goods or services without Our express prior written permission;

adapt, modify, create derivative works from, or redistribute any of Our Services without Our express prior written permission;

provide false or deceptive information within Your profile or any other Content You post on the Services;

harass and/or stalk other Users through Our Services;

delete, add or otherwise change other people's entries or other Content when You have not been granted the privileges to do so;

take information with the intention to mirror, frame or display any part of Our Services on any other website or elsewhere without Our express prior written permission;

allow usage by others in such a way as to violate these Terms and Conditions;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

impersonate any person or entity, including, but not limited to, an ArtsHaus official or employee, or falsely state or otherwise misrepresent Your affiliation with a person or entity.

8.5

We may, under certain circumstances and without prior notice, immediately terminate your account and access to Our Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by You (self-initiated account deletions); (d) discontinuance or material modification to the

Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by You in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by You in connection with Our Services. Termination of your account and access to the Services includes: (a) removal of access to some or all pages within the Website; (b) deletion of Your password and all related information, files and materials, including Content associated with or inside Your account (or any part thereof); and (c) barring of further use of Our Services. Further, You agree that all terminations for cause shall be made in ArtsHaus’ sole discretion and that ArtsHaus shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Website.

9. INTELLECTUAL PROPERTY

9.1

The copyright and all other intellectual property rights of Our Services (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong to Us or Our licensor(s). All rights are reserved.

9.2

Content on Our Services is provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, re-published, stored (in whole or in part), distributed, transmitted, broadcasted, displayed, sold, licensed, passed-off or otherwise exploited for any purpose whatsoever without Our prior written consent.

9.3

You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

9.4

We are the owner or the licensee of all intellectual property rights on Our Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.5

You agree not to use any ArtsHaus trademark, service mark, product name, logo or URL in any way that incorrectly suggests Our affiliation with or endorsement of any person, entity, event, product or service.

9.6

You agree not to use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any ArtsHaus trademark, service mark, product name, or logo, or to the look and feel of any of our Services.

9.7

You agree not to remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.

10. COPYRIGHT

10.1

The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written consent of ArtsHaus.

10.2

ArtsHaus requires Our Users to respect and honour all copyright laws. In Your use of and interactions with Our Services, You may not post, modify, distribute, or reproduce in any way any Content, that is copyrighted material belonging to others, without obtaining their prior written consent. We reserve the right to remove or disable access to any Content on our Services claimed to be infringing, at any time at Our sole discretion, without notice or liability.

10.3

If You believe that Your work has been copied or posted on Our Services in a way that constitutes copyright infringement, You will need to send a written communication that includes substantially the following:

Identification of the copyrighted work(s) claimed to have been infringed

Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Us to locate said material on Our Website or Services. Providing URLs in the body of an email is the best way to help Us locate content quickly.

a statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Your contact details.

10.4

Such written notice should be sent to ArtsHaus via Email to: legal@artshaus.co.uk

10.5

ArtsHaus will then investigate the claim, and contact You as soon as is practicable to request additional information and inform You of action to be taken.

10.6

If you provide Us with a copy infringement claim, You agree that we may send a copy of it (including Your name and contact information) to the provider of the disputed Content.

11. OTHER WEBSITES AND SERVICES WE LINK TO

11.1

This Website may contain links to websites operated by third parties. Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by Us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.We have no control over their individual content. If You decide to access any third party website linked from this Website, You do so at Your own risk.

11.2

You acknowledge and agree that ArtsHaus is not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.

11.3

Our Services may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google’s terms of use and privacy policy as amended by Google from time to time.

12. LINKING TO OUR SITE

12.1

You must not include links to this Website in any other Website without Our prior written consent. This includes (but without limiting the foregoing) any "deep links" to any page on this Website. You may link to Our home page at www.artshaus.co.uk provided that You do so in a way that does not (in Our reasonable opinion) damage Our reputation or expose Us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.

12.2

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

13. WARRANTY DISCLAIMER

13.1

You acknowledge and agree that Your access to and use of Our Services is at Your own risk, and that Our Services are provided to You on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, with respect to Our Services or any content, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment, and any warranties arising out of course of dealing or usage of trade, all of which Artshaus and Our officers, owners, directors, consultants, agents, and employees (collectively, the “ArtsHaus Parties”) expressly disclaim to the fullest extent permitted by applicable law. The ArtHaus Parties make no representations or warranties of any kind, express or implied, that Our Services or any Content will meet Your requirements or be available, accessible, uninterrupted, timely, accurate, reliable, complete, free of errors, safe, secure, or free of viruses or other harmful components, or that the use of Our Services in any way will give rise to any specific results.

13.2

The information provided on this Website is for general interest only and does not constitute specific advice. No advice or information (whether oral or written) obtained from the ArtsHaus Parties, or through our Services or any Content, will create any warranty by Us not expressly stated in these Terms or in a separate written agreement between You and Us.

13.3

We are not an art gallery. The details of the Goods available on this Website are provided to Us by third party Sellers i.e. galleries, art dealers or artist studios for Your information only. We do not verify the artwork details provided to Us and therefore make no warranties or representations as to their accuracy or completeness. If You rely on these details, You do so at Your own risk. We recommend that You check all Goods details with the Seller before making any decisions or taking any action in regards to any Goods advertised through Our Services.

14. LIMITATION OF LIABILITY

14.1

In no event shall ArtsHaus, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ArtsHaus, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages arising under or in connection with (i) use of, or inability to use, Our Services; (ii) use of or reliance on any Content displayed on Our Services; (iii) errors, mistakes, omissions or inaccuracies of Content; (iv) any unauthorised access to or use of Our secure servers and/or any and all personal information stored therein, (v) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our website by any third party, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. In particular, We will not be liable for (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

14.2

When You use the contact forms on this Website to enquire about any Goods, Your details (including Your email address) will be sent by email directly to the Seller marketing the Goods that You are enquiring about. We do not accept any liability for any subsequent communications that You receive directly from that Seller.

14.3

The Services are offered by ArtsHaus from its facilities in the United Kingdom. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. INDEMNITY

15.1

You agree to defend, indemnify and hold harmless ArtsHaus, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ArtsHaus, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) Your use of and access to Our Services; (ii) Your violation of any of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of Our Services.

16. APPLICABLE LAW & DISPUTE RESOLUTION

16.1

These Terms, their subject matter and their formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, You may also bring proceedings in Scotland.

17. TERMINATION

17.1

You may stop using Our Services at any time, subject to any other agreements between You and Us.

17.2

Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate Your account (if You have an account), and/or to limit, terminate or suspend Your access to or use of any or all of Our Services, at any time at Our sole discretion, without notice or liability, for any reason or no reason, including if You violate the letter or spirit of these Terms.

17.3

After any termination of these Terms and/or any termination of your access to or use of our Services, the following will survive and remain in full force and effect: (i) all outstanding obligations You may have to Us under these Terms or otherwise; and (ii) all remedies for breach of these Terms.

18. MISCELLANEOUS

18.1

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ArtsHaus’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.2

You and We are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or Your use of Our Services.

18.3

Nothing in these Terms will prevent Us from complying with any applicable law or regulation.

19. VIOLATIONS OF THESE TERMS

19.1

Please report any violations of the Terms , including objectionable User Submissions, Content, or behaviour, to legal@artshaus.co.uk. Please state the reasons for Your concern and provide a link to the Content or, if appropriate, the behaviour in question. ArtsHaus will investigate the matter, and will determine at its sole directive whether or not to remove the material or take actions against the User reported.

20. EFFECTIVE DATE

These terms are effective from 5 March 2018.

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