{"id":1671,"date":"2023-05-29T18:31:05","date_gmt":"2023-05-29T15:31:05","guid":{"rendered":"https:\/\/mianiebooks.com\/terms-of-the-agreement\/"},"modified":"2023-05-29T18:31:05","modified_gmt":"2023-05-29T15:31:05","slug":"terms-of-the-agreement","status":"publish","type":"page","link":"https:\/\/mianiebooks.com\/en\/terms-of-the-agreement\/","title":{"rendered":"Terms of the Agreement"},"content":{"rendered":"<h2 style=\"font-weight: 500;\"><b><strong>Terms of Use<br \/>\n<\/strong><\/b><\/h2>\n<p>This Agreement constitutes a public offer and sets forth the terms and conditions governing the use of the materials and services posted on the Seller\u2019s website by visitors and users of this website.<\/p>\n<h4><strong>1. Terms Used in This Agreement<\/strong><\/h4>\n<p>1.1. Buyer (User) \u2014 an Internet user who has accepted the terms of this Agreement and registered on the Seller\u2019s Website.<br \/>\n1.2. Website Administration (Seller) \u2014 PFA Company O\u00dc (registration code 16816137).<br \/>\n1.3. Product (Content) \u2014 texts or audio recordings of literary works (including covers, illustrations, etc.) presented in print and electronic form on the Internet; video recordings, audio recordings, and transcripts of lectures by Academician Mianiye M.Yu., certificates for consulting services, available in electronic form on the Internet, posted on the Seller\u2019s Website, and accessible to Users via the Seller\u2019s Website and\/or Mobile Applications.<br \/>\n1.4. Order \u2014 a User\u2019s request to purchase a Product from the Website\u2019s catalog, submitted via an electronic form on the Website (hereinafter the \u201cShopping Cart\u201d) by the User themselves and\/or by phone through a customer service representative. Confirmation of the Order\u2019s placement is the assignment of a unique identification number consisting of 6 or more digits.  <\/p>\n<p>When placing an Order, the Customer provides the following information:<br \/>\n\u2014 the last name and first name of the Buyer or the Order Recipient;<br \/>\n\u2014 email address;<br \/>\n\u2014 delivery address for the Order;<br \/>\n\u2014 contact phone number;<br \/>\n\u2014 shipping method.<\/p>\n<p>1.5. Seller&#8217;s Website (Website) \u2014 an online information resource owned by the Seller, located at the domain <a href=\"http:\/\/www.mianiebooks.com\/\">http:\/\/www.mianiebooks.com\/<\/a> and on any pages following <a href=\"http:\/\/www.mianiebooks.com\/\">http:\/\/www.mianiebooks.com\/<\/a><\/p>\n<h4><strong>2. Subject Matter of the Agreement<\/strong><\/h4>\n<p>2.1. The Seller offers the Buyer the opportunity, for a fee, to acquire ownership of:<br \/>\n\u2014 printed or electronic publications by downloading the Works listed in the Seller\u2019s catalog;<br \/>\n\u2014 transcripts of lectures by Academician M.Y. Mianie, and certificates for consulting services by downloading the items presented in the Seller\u2019s catalog.<br \/>\n2.2. The Seller provides the Buyer with the opportunity, for a fee, to view\/listen to video and audio recordings of lectures by Academician M.Y. Mianie, presented in the Seller\u2019s catalog, by obtaining viewing links in the Buyer\u2019s personal account on the website <a href=\"http:\/\/www.mianiebooks.com\/\">http:\/\/www.mianiebooks.com<\/a><br \/>\n2.3. By clicking the corresponding button, the User confirms that they accept the terms of this Agreement, as well as the Website\u2019s Privacy Policy. The Buyer also confirms acceptance of this Agreement by giving their consent to the operator when placing an Order by phone.  <\/p>\n<h4><strong>3. Obligations of the Parties<\/strong><\/h4>\n<p>3.1. Seller\u2019s Obligations:<br \/>\n3.1.1. To provide the Buyer with electronic books, transcripts of lectures by M.Yu. Mianiye, certificates for consulting services, and links to view or listen to video and audio recordings of lectures by Academician M.Yu. Mianiye \u2014 no later than 24 hours from the time of confirmation of payment and identification of the Buyer as the payer (in the case of purchasing goods provided in electronic form).<br \/>\n3.1.2. To deliver the Goods to the Buyer under the terms specified in this Agreement (in the case of purchasing goods in paper format).<br \/>\n3.1.3. Not to disclose to third parties the Buyer\u2019s email address or any other information received from the Buyer during registration, unless otherwise required to fulfill contractual obligations to the Buyer.  <\/p>\n<p>3.2. Buyer\u2019s Obligations:<br \/>\n3.2.1. Register on the Seller\u2019s Website.<br \/>\n3.2.2. When registering, follow the Seller\u2019s instructions regarding the registration process, as posted on the Seller\u2019s Website.<br \/>\n3.2.3. Pay for the goods in accordance with Section 4 of the Agreement.<br \/>\n3.2.4. Use the book products in print and electronic formats, as well as audio recordings of lectures by Academician M.Y. Mianie, video recordings, and transcripts of lectures by Academician M.Y. Mianie exclusively for personal purposes, for reading, learning, as well as for family, household, and other needs not related to the conduct of business activities. The Buyer has the right to store electronic copies of the books on any personal device that belongs to them. The Buyer also has the right to convert downloaded text files of the books into any format convenient for them (such as html, txt, rtf, pdf, BBEb, lit), if such conversion is necessary for the Buyer to read or view the information contained in the Products available on the Website.<br \/>\n3.2.5. The User agrees not to take any actions or post any comments or entries that may be considered a violation of EU law or the norms of international law, including in the areas of intellectual property, copyright and\/or related rights, generally accepted standards of morality and decency, as well as any actions that lead or may lead to a disruption of the normal operation of the Website and its services.<br \/>\n3.2.6. The Buyer is not permitted to:<br \/>\n\u2014 to transfer or distribute files of book publications, audio recordings of lectures by Acad. M.Yu. Mianiy, and transcripts of lectures by Acad. M.Yu. Mianiy purchased on the website <a href=\"http:\/\/www.mianiebooks.com\/\">http:\/\/www.mianiebooks.com,<\/a> or the ability to view or listen to video and audio recordings of lectures by Academician M.Y. Mianiee to third parties, either in whole or in part;<br \/>\n\u2014 publicly distribute the content of informational materials purchased on the website <a href=\"http:\/\/www.mianiebooks.com\/\">http:\/\/www.mianiebooks.com<\/a> via well-known broadcasting channels, such as radio, television, the Internet, etc.;<br \/>\n\u2014 to reproduce (duplicate) informational products purchased on the website http:\/\/www.mianiebooks.com\u2014including the works themselves or parts thereof\u2014in any form for the purpose of further distribution;<br \/>\n\u2014 to modify or otherwise alter the texts of books and lecture transcripts by Academician M.Y. Mianie, purchased on the website <a href=\"http:\/\/www.mianiebooks.com\/\">http:\/\/www.mianiebooks.com<\/a><br \/>\nThe Buyer is hereby warned that a violation of Section 3.2.6. of the Agreement constitutes a violation of EU copyright law and will result in the imposition of sanctions against the Buyer as provided for by applicable EU law and the norms of international law.<br \/>\n3.2.7. Use of the Site\u2019s materials without the Seller\u2019s consent is prohibited.        All text, graphics, video, and audio materials posted on the Site are the property of the Seller and its contractors.<br \/>\n3.2.8. When citing materials from the Website, including all copyrighted works, a link to the Website is required. <\/p>\n<h4><strong>4. Procedure for Purchasing Goods and Services Listed on the Website<\/strong><\/h4>\n<p>4.1. To make a purchase from the Seller, the Buyer must register on the Website in accordance with the established procedure. Registration on the Website is carried out using a personal email address, which is required for authorization.<br \/>\n4.2. In the event of any changes to the information previously provided by the Buyer and necessary for the Seller to properly fulfill its obligations regarding the sale and delivery of the goods, the Buyer agrees to immediately notify the Seller by sending an email to Customer Support at <a href=\"mailto:support@mianiebooks.com\">support@mianiebooks.com<\/a><br \/>\n4.3. The Seller shall not be liable for failure to perform and\/or improper performance of its obligations regarding the sale and\/or delivery of the goods to the Buyer, if the Buyer provides inaccurate and\/or invalid personal information, or fails to comply with the terms of this Agreement.<br \/>\n4.4. The Seller shall use reasonable efforts to ensure that the appearance, packaging, and characteristics of the goods correspond to the descriptions provided in the catalog on the Website. At the same time, the Seller informs the Buyer that if the manufacturer makes changes to books or other products directly, the actual appearance and packaging of the goods may differ from the descriptions provided on the Website.<br \/>\n4.5. The products presented in the catalog on the Website have all necessary certificates and fully comply with EU legislation, which can be reviewed by contacting the Website\u2019s customer support at <a href=\"mailto:support@mianiebooks.com\">support@mianiebooks.com<\/a><br \/>\n4.6. Prices and product availability on the Website are subject to change without prior notice to potential Buyers. Changes are indicated in the individual status and detailed product description displayed in the catalog on the Site.<br \/>\n4.7. Changes to the contents of an Order are permitted prior to its processing by a customer service representative, subject to agreement with the Buyer by phone. If the Buyer cannot be reached within 7 calendar days from the date the Order was placed, the Order may be unilaterally canceled by the Seller.<br \/>\n4.8. The Website accepts payment for the Works in euros in accordance with current EU legislation.<br \/>\n4.9. Any questions regarding the purchase of items from the Website\u2019s catalog may be directed to Customer Support at <a href=\"mailto:support@mianiebooks.com\">support@mianiebooks.com<\/a><br \/>\n4.10. Terms of payment for goods by individuals.<br \/>\n4.10.1.              An individual may purchase goods on the Website using the following payment methods:<br \/>\n\u2014 cash,<br \/>\n\u2014 credit card,<br \/>\n\u2014 electronic money.<br \/>\n4.10.2. Payment for goods in cash is permitted in the case of courier delivery or pickup at a pickup point. The list of cities where the Seller\u2019s delivery service is available is provided in the Delivery Terms section.<br \/>\nPayment in cash is made upon receipt of the goods.<br \/>\n4.10.3. Payment for goods by credit card and electronic money.<br \/>\nThe Buyer understands and agrees that the operator responsible for accepting and processing payments for goods presented on the Website is, depending on the circumstances, one of the acquiring companies connected to the Website and selected independently by the User\/Buyer during the payment process.<br \/>\n4.11. In the case of payment by bank card and\/or electronic money, the Order is confirmed after the funds are credited to the Seller\u2019s bank account.<br \/>\n4.12. Upon delivery of the goods to the Buyer, a sales receipt is issued. The sales receipt may be issued by the Seller\u2019s banking agent acting under a banking agency agreement.<br \/>\n4.13. Access to view the Content catalog posted on <a href=\"http:\/\/www.mianiebooks.com\/\">http:\/\/www.mianiebooks.com<\/a> in the corresponding section, is free for Website Users; however, a fee is charged for access to download selected Content files in the formats provided on the website.<br \/>\n4.14. Payment for paid Content is made on the Site at the time the Order is placed.<br \/>\n4.15. If the Buyer pays for access to download the Content and is unable to download it directly for technical or any other reasons attributable to the Buyer (arising on the Buyer\u2019s side and due to the Buyer\u2019s fault), no refund will be issued, and the Content will be deemed to have been properly received.<br \/>\n4.16. The price of the Content may change regardless of whether it was on sale or not. The Seller will not reimburse the Buyer for the cost of the purchased Content if, over time, that Content becomes part of a promotion and its price is significantly reduced. The purchaser of Content acknowledges and agrees that, after a certain period, the price of promotional Content may change, and free promotional Content may become paid and vice versa.<br \/>\n4.17. Prices for Content may be changed without notice to the Content Purchaser. If a price reduction occurs after the Content Purchaser has made a purchase, the Site Administration is not obligated to provide any compensation to such Content Purchaser.              <\/p>\n<h4><strong>5. Access to the Site<\/strong><\/h4>\n<p>5.1. The Administration makes every effort to ensure the proper functioning of the website; however, it shall not be liable for any failure to perform or improper performance of the obligations set forth in this Agreement, nor for any damage caused in connection therewith, resulting from, but not limited to: unlawful actions by third parties; malfunctions of the website caused by errors in the code, computer viruses, or other foreign code fragments in the website\u2019s software; the absence of an Internet connection between the User\u2019s device and the Website\u2019s server, as well as between the Website\u2019s server and the Internet; operational measures taken by government agencies and other duly authorized organizations that affect the Website\u2019s operation; the implementation of updates to the Site\u2019s software; applicable and effective decisions by authorized government authorities.<br \/>\n5.2. In order to prevent unauthorized automated scanning of the Site, as well as the use of the Site for fraudulent activities, and in the event of reasonable suspicion of abuse by the User regarding the use of the Site, the Administration reserves the right to: block access to the Site; cancel all purchases made through unauthorized access; seek compensation for losses caused by unauthorized access to the Site; and block the use of the Bonus Account.<br \/>\n5.3. An account on the Site is intended for use exclusively by a single user of the Site. Transferring account data to third parties is prohibited. If it is discovered that Account details have been transferred to third parties or that the Account is being used by multiple users, the Administration reserves the right to block that Account and cancel any purchases made using such an Account.    <\/p>\n<h4><strong>6. Liability of the Parties. Limitation of the Seller\u2019s Liability <\/strong><\/h4>\n<p>6.1. The Buyer assumes full responsibility and all risks associated with the use of the Product.<br \/>\n6.2. The Buyer is fully responsible for the use by third parties of information sent by the Seller to the email address provided by the Buyer during registration.<br \/>\n6.3. The Seller shall not be liable for any expenses incurred by the Buyer or for any direct or indirect damages that may be incurred by the Buyer as a result of using the Product.<br \/>\n6.4. The Seller is not liable for the quality of access to the Product via the Internet.<br \/>\n6.5. The Seller is not liable for any direct or indirect damage incurred by the Buyer as a result of data transmission errors, software and\/or hardware malfunctions or defects, data loss or corruption, errors in data processing or display, delays in data transmission, and other failures not attributable to the Seller.<br \/>\n6.6. The Seller\u2019s Website, Mobile Apps, and all related services are provided \u201cas is,\u201d without any express or implied warranties that the aforementioned Website, Mobile Apps, and\/or services may or may not be suitable for specific purposes.<br \/>\n6.7. The Seller shall not be liable for the User\u2019s inability to use the Website, Mobile Apps, and\/or related services for any reason, including, but not limited to: errors, omissions, interruptions, deletions, defects, delays in processing or transmitting data, disruptions in communication lines, equipment malfunctions, any technical failures or other problems with any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure by service providers to fulfill their obligations, theft, destruction, or unauthorized access to User materials posted on the Site or elsewhere, etc.<br \/>\n6.8. Under no circumstances shall the Seller be liable for any User\u2019s expenses or direct or indirect damages, including lost profits or lost data, or damage to honor, dignity, or business reputation that may be caused to the User as a result of using the Website, Applications, and\/or related services. The Seller shall not be liable for visits to or use of external resources, links to which may be contained on the Site.<br \/>\n6.10. The User agrees that the Site Administration bears no liability and has no obligations in connection with advertisements that may be posted on the Site.         <\/p>\n<h4><strong>7. Term of the Agreement<\/strong><\/h4>\n<p>7.1. This Agreement shall take effect upon the Buyer\u2019s registration on the Website and shall remain in effect until the Parties have fully fulfilled their obligations.<\/p>\n<h4><strong>8. Force Majeure<\/strong><\/h4>\n<p>8.1. The parties shall be exempt from liability for partial or complete failure to perform their obligations under this Agreement if such failure was a direct result of circumstances beyond their control (force majeure), that arose after the parties acceded to this Agreement as a result of extraordinary events, namely: military hostilities, fire, flood, hurricane, and earthquake, or the imposition by government authorities of restrictions on the activities of either Party, provided that the Parties could neither have foreseen nor prevented such circumstances by reasonable means.<\/p>\n<h4><strong>9. Other Terms and Conditions<\/strong><\/h4>\n<p>9.1. If any provision or part of a provision of this Agreement is found to be invalid or unenforceable, the remaining provisions and parts of provisions of this Agreement shall remain in full force and effect.<br \/>\n9.2. All Annexes to this Agreement are an integral part thereof: Privacy Policy and Shipping Terms.<br \/>\n9.3. All Parties agree to be governed by applicable EU law.<br \/>\n9.4. The Seller has the right to amend the Agreement, provided that the relevant information is posted on the Seller\u2019s Website.<br \/>\n9.5. For any questions that arise, the Buyer may contact the Seller\u2019s Customer Support at the following email address: <a href=\"mailto:support@mianiebooks.com\">support@mianiebooks.com<\/a><br \/>\n9.6. The Seller has the right to unilaterally amend the terms of this Agreement at any time. Such changes take effect upon the publication of the new version of the Agreement on the Website. If the User does not agree with the changes, they must cease accessing the Website and stop using the Website\u2019s materials and services.<br \/>\n9.7. By registering on the Website, the User agrees to receive notifications after placing an order and making a purchase\u2014regarding the order status, completed payment, and order details.<br \/>\n9.8. By providing their email address in forms on the Site and in forms for any digital products owned by PFA Company O\u00dc, and by subscribing to the Website\u2019s newsletters, the User agrees to receive one-time, regular, or automated emails regarding news, events, gifts, information about promotions, new products, and other messages from the Website Administration.         <\/p>\n<h4><strong>10. Dispute Resolution and Governing Law<\/strong><\/h4>\n<p>10.1. This Agreement has been drafted in accordance with EU law. A purchaser located outside this jurisdiction fully agrees to subject the legal relationships arising from any use of the Site to EU law, and these terms shall apply to the Buyer to the fullest extent permitted by the Buyer\u2019s jurisdiction, without the application of any conflict-of-laws rules.<br \/>\n10.2. The Parties acknowledge that if any provision of this agreement becomes or is deemed invalid due to a conflict with the law, that provision shall be disregarded, or the Parties shall take steps to amend this agreement to the extent necessary to render it valid and to preserve the full intent of the Parties.<br \/>\n10.3. The Buyer\/User shall submit any claims or disputes regarding access to Content downloads to the Administration; if such claims or disputes cannot be resolved amicably, they shall be resolved in accordance with EU law.   <\/p>\n<h4><strong>11. Use of the User&#8217;s Personal Data<\/strong><\/h4>\n<p>11.1. The information provided by the User in the registration form (full name, cell phone number, email address, mailing address, etc.) constitutes the User\u2019s personal data. The User\u2019s personal data is confidential information; the collection and subsequent processing of personal data are carried out by the Administration in accordance with the EU General Data Protection Regulation and other EU laws and regulations. The source of personal data collection is information provided directly and voluntarily by the User.<br \/>\n11.2. By agreeing to this Agreement, the User voluntarily provides the Administration with the personal data specified in the registration form for registration in the information system as a User, as well as for the purpose of supporting long-term cooperation with the Site Administration. The User also consents to the use of their personal data for processing orders for the purchase of goods, receiving advertisements and special offers, information about promotions, sweepstakes, and other information regarding the Administration\u2019s activities.<br \/>\n11.3. The User grants the Administration the right to process their personal data, including: entering personal data into the Administration\u2019s databases (without additional notice to the User), storing the data indefinitely, accumulating, updating, and modifying it (if necessary).<br \/>\n11.4. The owner of the personal data provided by the User is PFA Company O\u00dc.<br \/>\n11.5. If the User\u2019s personal data changes, the User must provide the Administration with updated information by contacting the Administration\u2019s Support Service by phone or by making changes in the corresponding section of the User\u2019s account on the Site. If the User fails to comply with this requirement, the Administration shall not be liable for any adverse consequences resulting from the use of outdated data.<br \/>\n11.6. The User\/Buyer may, immediately after registration or at any other time, prohibit (or restrict) the use of their personal data. To do so, the User must contact Customer Support at the phone number listed on the Website with the appropriate notification. The User is also granted other rights provided for by the EU General Data Protection Regulation.<br \/>\n11.7. The Administration will not accept the User\u2019s registration data if it is filled out incorrectly.<br \/>\n11.8. The Administration undertakes to promptly inform the User of their opportunities and rewards; however, it shall not be liable for messages that were not delivered to the User due to circumstances beyond the Administration\u2019s control.<br \/>\n11.9. For the purposes set forth in Section 10.2 of the Agreement, the User grants the Administration the right to send him or her any information of a commercial and\/or informational nature, as well as information about other commercial offers via mail, email, telephone, SMS, Viber\/Telegram|WhatsApp messages, and to make calls to the mobile phone number specified in the Account registration form.<br \/>\n11.10. The User\u2019s data specified in the registration information is confidential.                 Access to the data is restricted exclusively to authorized personnel of the Administration and the User, and such data may be provided upon request by law enforcement and\/or other authorities in accordance with applicable law.<br \/>\n11.11. The User is responsible for any inaccuracies in the data in the Account. <\/p>\n<h4><strong>12. Other Terms and Conditions<\/strong><\/h4>\n<p>12.1. All terms and conditions governing the performance of specific actions or operations, as posted in the relevant sections of the website, are integral parts (as Annexes) of this Agreement and define the obligations of both parties. In the event that the terms set forth in the text of this Agreement differ from those specified in its appendices (sections of the website), the Parties shall be governed by the terms set forth in the appendices.<br \/>\n12.2. The sale of goods by the Seller to the Buyer is governed by this Agreement, as well as by the EU Law \u201cOn Electronic Commerce,\u201d the EU Law \u201cOn Consumer Protection,\u201d the Rules for the Sale of Goods Made to Order and Outside of Retail or Office Premises, and other legislative acts to the extent that they do not conflict with the specific nature of e-commerce.<br \/>\n12.3. By placing an order, the Buyer confirms that:<br \/>\n\u2014 they have read and agree to all the terms and conditions set forth in this Public Offer and unconditionally accept them;<br \/>\n\u2014 all actions they undertake will not conflict with the terms of this Agreement.<br \/>\n12.4. The Administration reserves the right to amend the text of this Agreement and\/or its appendices without prior notice. Changes to the Public Offer take effect upon publication and apply to any Order placed after such publication.<br \/>\n12.5. The User agrees to carefully review this Agreement. If the User does not agree to its terms, the User agrees to immediately cease using the Site.<br \/>\n12.6. The Seller and the Buyer communicate via email, telephone (SMS, etc.), instant messaging apps, announcements, and\/or messages. The Buyer agrees that all messages, files, and other information provided electronically are legally binding and have the same legal force as documents drawn up in writing.<br \/>\n12.7. The Administration reserves the right to block the Buyer\u2019s account (preventing them from ordering and purchasing goods), to file appropriate reports with law enforcement authorities, and to provide such authorities with the Buyer\u2019s data if, in the Seller\u2019s opinion, any of the Buyer\u2019s actions exhibit signs of fraud and may harm the interests of other Users\/Buyers or third parties.<br \/>\n12.8. A court\u2019s ruling that any provision of this Agreement is invalid shall not render the other provisions of this Agreement invalid.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Terms of Use This Agreement constitutes a public offer and sets forth the terms and conditions governing the use of the materials and services posted on the Seller\u2019s website by visitors and users of this website. 1. Terms Used in This Agreement 1.1. Buyer (User) \u2014 an Internet user who has accepted the terms of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1671","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Terms of the Agreement - MianieBooks<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/mianiebooks.com\/en\/terms-of-the-agreement\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms of the Agreement - MianieBooks\" \/>\n<meta property=\"og:description\" content=\"Terms of Use This Agreement constitutes a public offer and sets forth the terms and conditions governing the use of the materials and services posted on the Seller\u2019s website by visitors and users of this website. 1. 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Terms Used in This Agreement 1.1. 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