Contents

  1. Introduction and acceptance of terms of use
  2. Privacy and protection of personal information on the websites
  3. Registration of an online account
  4. Votes, contests and sweepstakes
  5. Advertisements
  6. Links to third party sites
  7. No unlawful or prohibited use
  8. User of services
  9. Materials provided to British Softball Federation or posted on the Website
  10. Storage space and other limitations
  11. Termination/access restriction
  12. Disclaimer of warranties
  13. Liability disclaimer
  14. General

1. Introduction and acceptance of Terms of Use

Use of the official website of the British Softball Federation (referred to here as "BSF"), and all products, services and properties provided and/or distributed (whether via this Website or elsewhere) by British Softball Federation Ltd, are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other BSF-controlled products or services or BSF-operated interactive media locations will be referred to herein collectively as the "BSF Properties" and individually as a "BSF Property."

The Website is owned and operated by British Softball Federation Ltd (“BSF”), the national governing body for softball in this country.

By using this Website or the other BSF Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement.

The British Softball Federation may occasionally update these Terms. If there are material changes to the Terms, the Website Privacy Policy or how the BSF will use your personal information, such changes will be published prior to implementing the changes. Your use of this Website and other BSF Properties after such changes are posted will mean that you accept them.
 

2. Privacy and protection of personal information on the Website

The BSF is committed to protecting your privacy. The BSF Website is a general audience website, intended for users of all ages. When you submit personal information to this Website you acknowledge and agree by acceptance of this Agreement that such personal information may be used by the BSF in accordance with the Website Privacy Policy and applicable law.

The BSF Website uses cookies. Cookies are small pieces of data we store on the device that you use to access our website (e.g. computer, mobile phone, tablet), so that we can recognise repeat users, save your preferences for future visits, enable functionality and monitor website performance.

By using the BSF Website, you expressly consent to the use of cookies as described on the Cookies page.

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3. Registration of an online account

You are required to register an online account to access certain services on the Website, e.g. to register as a player in the BSF Registration section. By registering an account on the Website you acknowledge and agree by acceptance of this Agreement that such personal information may be used by the BSF in accordance with the Website Privacy Policy and applicable law. 

You will choose a password and a user name as your login details. You are responsible for maintaining the confidentiality of your login details, for maintaining accurate, truthful and up-to-date account and contact details, and for conducting activity in your account in a responsible manner in line with the purpose for which the account is provided. You should not disclose your login details to anyone else. You may not use anyone else's account at any time without the permission of the account holder.

 

4. Votes, contests and sweepstakes

This Website and other BSF Properties may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable BSF Properties applicable to the event as well as the terms of this Agreement.

 

5. Advertisements

Advertisements on the BSF Website are authorised and uploaded to display by the BSF, and are appropriate for a general audience with an interest in baseball and softball. The BSF does not allow third parties to directly display advertisements on the Website that are not authorised or uploaded by BSF.

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6. Links to third party sites

The BSF Website may contain images of and links to third party websites and services ("third party sites"). The third party sites are not under the control of the BSF and the BSF is not responsible for the contents of any third party site, including without limitation any link contained in a third party site, or any changes or updates to a third party site. The BSF is not responsible if the third party site is not working appropriately. The BSF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the BSF of the third party site or its content, or any association with its operators. You should direct any concerns regarding any external link to the website administrator or webmaster of the applicable third-party website or location.

You are responsible for reading and abiding by the privacy statements and terms of use posted at the third party sites. Any dealings with third parties (including advertisers) included within the BSF Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The BSF shall not be responsible or liable for any part of any such dealings or promotions.

 

7. No unlawful or prohibited use

As a condition of your use of the the BSF Website and BSF Properties, you will not use the Website and BSF Properties for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website and BSF Properties in any manner that could damage, disable, overburden, or impair the Website or any of the BSF Properties (or the network(s) connected to any the Website or any of the BSF Properties) or interfere with any other party's use and enjoyment of the Website and BSF Properties. You may not attempt to gain unauthorised access to any the Website and BSF Properties, other accounts, computer systems or networks connected to the Website or any of the BSF Properties, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and BSF Properties.

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8. User of services

The BSF Website and BSF Properties may contain email services, bulletin board services, chat areas, commenting functions, blogs, news groups, forums, calendars, photo albums, file sharing areas, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). In order to participate in Communication Services, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Privacy Policy of this Website explains how such information may be collected and used. 

In consideration of your use of the applicable BSF Properties, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms ("Registration Data"); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data and any other information you provide to the BSF, and to keep it accurate, current and complete; (iv) not to sell, transfer or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account. You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

a) Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

b) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

c) Publish, post, upload, distribute, or disseminate any material, information, statement or communication that is false, inappropriate, threatening, abusive, libellous, defamatory, profane, obscene, vulgar, demeaning, offensive, pornographic, sexually explicit, indecent, or unlawful;

d) Publish, post, upload, distribute or disseminate any topic, name, material, information, statement, or communication that incites discrimination, hate or violence towards one person or a group because of their race, religion, nationality, sexual orientation or gender, or that insults the victims of crimes against humanity by contesting the existence of those crimes;

e) Upload, transmit, store, embed, or otherwise make available any information or material that infringes any right of the BSF or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right;

f) Use any material or information, including images or photographs, that are made available through the BSF Website or BSF Properties in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

g) Transmit, store or otherwise make available material which disrupts the BSF Website or BSF Properties, imposes an unreasonable or disproportionately large load on this Website's or the other BSF Properties' infrastructure, or otherwise adversely affects, restricts, or inhibits any other user from using and enjoying this Website or the other BSF Properties;

h) Upload, transmit, store, embed or otherwise make available files that contain viruses, Trojan horses, worms, time bombs, bots, spyware, corrupted files, or any other similar software or programmes that may damage the operation of another's computer or the property of another;

i) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

j) Transmit, store, or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;

k) Transmit, store, or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;

l) Transmit, store or otherwise make available material which contains any information, software, or other material of a commercial nature including but not limited to that which contains advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitation of any kind;

m) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

n) Transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact;

o) Impersonate players, coaches, management, employees or volunteers of baseball, softball, BaseballSoftballUK or the British Softball Federation, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

p) Use or attempt to use another's information, account, password, service, or system except as expressly permitted, or solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, or credit or debit card numbers;

q) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the BSF Website or BSF Properties, or other user or usage information, or any portion thereof;

r) Use automated scripts to collect information from or otherwise interact with the BSF Website or BSF Properties;

s) Restrict or inhibit any other user from using and enjoying the Communication Services;

t) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

The BSF has no obligation to monitor the Communication Services. However, the BSF reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. The BSF reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

The BSF reserves the right at all times to disclose any information as the BSF deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at the BSF's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. The BSF does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the BSF specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised BSF spokespersons, and their views do not necessarily reflect those of the BSF.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

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9. Materials provided to the British Softball Federation or posted on the Website

The BSF does not claim ownership of the materials you provide to the BSF (including feedback and suggestions) or that you post, upload, input, or submit to the Website or BSF Properties or its associated services for review by the general public, or by the members of any public or private group, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting ("Posting") your Submission you are granting the BSF, its affiliated companies and necessary sublicensees (i) permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all BSF Websites or BSF Properties); (ii) the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission and to publish your name in connection with your Submission; (iii) and the right to sublicense such rights to any supplier of the BSF Website or BSF Properties.

No compensation will be paid with respect to the use of your Submission, as provided herein. The BSF is under no obligation to post or use any Submission you may provide and the BSF may remove any Submission at any time at its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

This section is inapplicable to any personally identifiable information that you provide in connection with your use of the BSF Website or BSF Properties. For terms and conditions governing the use of such information please refer to the Privacy Policy

 

10. Storage space and other limitations

You agree that the BSF may establish limits concerning use of any BSF Service offered on a BSF Website or BSF Properties, including the maximum number of email messages that may be sent from or received by an account on any BSF Website or BSF Properties, the maximum size of an email message that may be sent from or received by an account on any BSF Website or BSF Properties, the maximum disk space that will be allotted on the BSF's servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access any BSF Website or BSF Properties in a given period of time.

You agree that the BSF has no responsibility or liability for the deletion, corruption, or failure to store any messages or other content maintained or transmitted by any BSF Website or BSF Properties. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any BSF service may change at any time. You acknowledge that the BSF reserves the right to sign out, terminate, or delete your accounts for the BSF Website or BSF Properties that are "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by the BSF at its sole discretion. The amount of time that the BSF considers as an "extended" period of time is determined based on the particular BSF Website or BSF Properties to which it pertains, and will be published on the website prior to any termination or deletion.

 

11. Termination/access restriction

The BSF reserves the right, at its sole discretion, to terminate your access to any or all BSF Website or BSF Properties and the related services or any portion thereof at any time, without notice. The BSF may also terminate or suspend your access to the BSF Site/Service(s) for inactivity, as set forth, above, in "Storage Space and Other Limitations". The BSF shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

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12. DISCLAIMER OF WARRANTIES

A. USE OF THIS WEBSITE, ALL OTHER BSF PROPERTIES, AND THE PRODUCTS, MERCHANDISE, TICKETS AND SERVICES, INCLUDED HEREIN AND THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE BSF AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER BSF PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL PRODUCTS, MERCHANDISE, TICKETS, AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

C. THE BSF DOES NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER BSF PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER BSF PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER BSF PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER BSF PROPERTIES, THE PRODUCTS, MERCHANDISE, OR SERVICES WILL BE ACCURATE OR RELIABLE.

 

13. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BSF WEBSITE AND BSF PROPERTIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BSF WEBSITE AND BSF PROPERTIES AND TO THE INFORMATION THEREIN. THE BSF AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BSF WEBSITE AND BSF PROPERTIES AT ANY TIME. ADVICE RECEIVED VIA THE BSF WEBSITE AND BSF PROPERTIES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE BSF AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE BSF WEBSITE AND BSF PROPERTIES FOR ANY PURPOSE.

NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE BSF PROPERTIES OR ANY ACT OR FAILURE TO ACT BY THE BSF OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.

YOU SPECIFICALLY AGREE THAT THE BSF SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE BSF WEBSITE AND BSF PROPERTIES. YOU SPECIFICALLY AGREE THAT THE BSF IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR THE CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE BSF IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE BSF WEBSITE AND BSF PROPERTIES BY ANY THIRD PARTY. YOU SPECIFICALLY AGREE THAT THE BSF IS NOT RESPONSIBLE FOR THE USE BY THIRD PARTIES OF PERSONAL DETAILS YOU HAVE CONSENTED TO BEING PUBLISHED ON THE SITES.

IN NO EVENT SHALL THE BSF BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, TICKETS, OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE BSF AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA REVENUES. OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BSF WEBSITE AND BSF PROPERTIES, WITH THE DELAY OR INABILITY TO USE THE BSF WEBSITE AND BSF PROPERTIES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE BSF WEBSITE AND BSF PROPERTIES, OR OTHERWISE ARISING OUT OF THE USE OF THE BSF WEBSITE AND BSF PROPERTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE BSF OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BSF WEBSITE AND BSF PROPERTIES, OR WITH ANY OF THESE TERMS OF USE, TO THE FULLEST EXTENT PERMISSIBLE BY ENGLISH LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BSF  WEBSITE AND BSF PROPERTIES. THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY. NOTHING IN THIS AGREEMENT LIMITS THE BSF'S LIABILITY FOR (I) PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE OR (II) FRAUD.

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14. General

Claims for enforcement, breach, or violation of duties or rights under this Agreement shall be adjudicated under the laws of England, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the non-exclusive jurisdiction and venue of the English courts in all disputes arising out of or relating to the use of the BSF Website or BSF Properties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the BSF as a result of this agreement or use of the BSF Website or BSF Properties. You agree to indemnify and hold the BSF, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable legal fees on a solicitor-client basis, asserted by any third party due to or arising out of your use of or conduct on the BSF Website or BSF Properties.

Subject to all applicable Data Protection legislation, the BSF reserves the right to disclose any personal information about you or your use of the BSF Website or BSF Properties, including its contents, without your prior permission if the BSF has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process, (2) protect and defend the rights or property of the BSF or its affiliated companies, (3) enforce these Terms of Use, or (4) act to protect the interests of its members or others. The BSF's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the BSF's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BSF Website or BSF Properties or information provided to or gathered by the BSF with respect to such use.

The Contracts (rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms of Use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The BSF will not be liable to you for any breach of these Terms of Use, which arise because of any circumstances that the BSF cannot reasonably be expected to control. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the BSF with respect to the BSF Website or BSF Properties and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the BSF with respect to the BSF Website or BSF Properties provided that this shall not limit either party's liability for any fraudulent misrepresentation. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

This policy was created on 18 September 2015.

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