Last Modified: 4/15/21
Summary: These terms apply to users of apps that access the digital bible platform application programming interface. If you are a developer who writes such apps, please see the API License.
Description of Services and Acceptance of Terms of Use
Welcome to the digital bible platform website, www.digitalbibleplatform.com (the “Site”), which is operated by Hosanna d/b/a Faith Comes By Hearing (“FCBH”, “we” or “us”). The services provided on or through the Site include the digital bible platform application (collectively, “DBP”) along with the text, photographic, audio, translation, and video Bible content that we make available through DBP, in each case as made available by us at https://www.digitalbibleplatform.com/available-content (collectively, together with the design, selection, and arrangement of the same, the “DBP Content” and all of the DBP Content with DBP being, the “Services”).
By visiting or accessing the Site or by using or accessing the Services, whether as a guest or a registered user, you (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS HERETO MADE BY FCBH (THE “TERMS”); AGREE TO ABIDE BY ALL APPLICABLE LAWS, RULES, AND REGULATIONS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACKNOWLEDGE YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND BE BOUND BY OUR PRIVACY POLICY AVAILABLE AT www.faithcomesbyhearing.com/privacy-policy (THE “PRIVACY POLICY”) AND OUR COPYRIGHT POLICY AVAILABLE AT https://www.faithcomesbyhearing.com/copyright-policy (THE “COPYRIGHT POLICY”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT VISIT OR ACCESS OUR SITE OR USE OR ACCESS THE SERVICES. If you are a development partner using our application programming interface for the Digital Bible Platform, the terms of our Digital Bible Platform API License Agreement available at https://www.digitalbibleplatform.com/license (as amended or updated from time to time by FCBH, the “API License”) shall control and govern over these Terms with respect to our relationship.
Please read through these Terms and our Privacy Policy carefully. All information collected by FCBH on or through the Site and the Services is subject to our Privacy Policy. By visiting or accessing the Site or using or accessing the Services, you consent to all actions taken by FCBH with respect to your information in compliance with the Privacy Policy.
FCBH may modify, delete, add to, or alter all or part of these Terms from time to time, in its sole discretion without notice. Any changes are effective upon posting on the Site. Your continued use or access of the Site or the Services following any such modification constitutes your acceptance and agreement to the Terms as modified. It is your responsibility to periodically check back at the Site for updates to these Terms.
FCBH reserves the right to change or cease offering the Site, the Services, or any part, portion, or functionality of the same at any time with or without notice. FCBH will not be liable if for any reason all or any part of the Site or the Services are not available at any time.
1. Intellectual Property Rights
Summary: This section explains the ownership and treatment of some of our intellectual property rights and protections that may apply to these rights.
Intellectual Property. The Site and the Services (including all DBP Content) are owned by FCBH, its licensors, and other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, confidentiality, and other intellectual property rights laws (“Intellectual Property Rights”).
Reservation of Rights. Our names and logos used on any of our sites or with our applications, including without limitation “Digital Bible Platform”, “Hosanna”, “Faith Comes By Hearing”, “Bible Brain”, and all related names, logos, product and services names, designs and slogans are the trademarks and/or copyrights of FCBH. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective third-party owners. Except as expressly set forth in these Terms, no rights (either by implication, estoppel, or otherwise) in or to the Site or Services are granted to you. We reserve all rights not expressly granted to you in these Terms.
2. Permitted Use and Guidelines
Summary: FCBH provides you with certain rights to use the Site and Services for certain purposes. This section explains those rights. It also explains the guiding principles that you must follow when using the Site or Services.
Authorized Use. The Site and the Services are licensed, not sold, to you. Subject to your strict compliance with all parts of these Terms (including the other restrictions set forth herein), we grant you with a limited, non-exclusive, revocable, non-transferable right to (a) access and use the Site for your personal, non-commercial use on your mobile devices owned or otherwise controlled by you (the “Mobile Device”) and computer owned or otherwise controlled by you to read, listen, or view the DBP Content strictly in accordance with DBP documentation for personal, non-commercial use, in accordance with its pre-defined functionality only; (b) access the DBP Content solely through DBP (and not separately through offline download) for your personal, non-commercial use on a single device owned or otherwise controlled by you; and (c) use the Services to make personal notes and participate in the community areas.
Upstream Terms. All or part of the Services (including the DBP Content) may be licensed to us by a third party. Any license or right granted to you in these Terms regarding such materials is expressly conditioned upon, and subject to, any use restrictions set forth in such third party terms and conditions. You therefore agree to comply with such terms at all times.
User Accounts. If you create a user account, then you agree to accept personal responsibility for all activities that occur under your account and agree that you will not sell, transfer, or otherwise assign your user account. You are responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password-protected portion of the Services using your name, username, or password in whole or part.
Guidelines. You shall not:
DBP Content. Except as permitted by these Terms, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, or otherwise use any DBP Content. For avoidance of doubt, you may not use any DBP Content, in part or in whole, for commercial purposes. This means you cannot sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit-making activity. One or more of our licensors of translations and versions of DBP Content restrict us from distributing or providing access to such DBP Content. Therefore, you agree that we may freely remove, restrict, or limit access to all or any part of DBP Content at any time without liability to you.
Gospel Films. The terms set forth in this subsection apply to the portion of DBP Content that constitutes the Gospel Films and LUMO Films (as may be more particularly described at https://www.faithcomesbyhearing.com/audio-bible-resources/gospel-films) and the corresponding intellectual property rights therein (the “Films”). You acknowledge and agree that the Films have been provided to us by our licensors with additional restrictions, namely that the Films be provided solely for ministry and religious and charitable purposes, and not for commercial use. You may not download the Films but may stream the Films in accordance with our Content Licensors’ license agreements with us and in accordance with the following notice and scope of use restrictions:
Disclaimer: Faith Comes By Hearing (FCBH) has generously received permission to make the Films available for ministry use. The Films may only be used for non-commercial, religious, and charitable purposes, as follows:
For use in the USA, its Territories & Canada
The Films can be displayed in any online, social media (free of advertising), or streaming format when segmented in clips of 10 minutes or less.
The full-length Films may be shown publicly to a live audience as long as it is on the premises of a church, educational institution, or prison. The showing may not be digitally live-streamed.
Broadcast is not permitted.
The films may not be used to appeal for money.
For use outside the USA, its Territories & Canada
The Films can be displayed in any online, social media (free of advertising), or streaming format which can block access to the USA, its Territories and Canada or segmented in clips of 10 minutes or less.
The full-length Films may be shown publicly to a live audience. The showing may not be digitally live-streamed.
Broadcast rights are subject to another agreement. Please contact FCBH for details.
The films may not be used to appeal for money.
Failure to comply with these restrictions can expose you to liability and legal action from entities entitled to pursue such action. By accessing any FCBH-related content or links to these films, you acknowledge acceptance of these terms and agree to display the corresponding copyright statements as displayed with or on the video format you receive. The Films may be segmented as long as the Scriptural integrity is upheld. The access you receive is for your access only and is not to be shared.
3. User Contributions
Summary: It’s important to us that the Site and Services are used in a way that glorifies God. This section outlines the rules that you need to follow when using portions of the Site and Services that are interactive, whether you’re accessing DBP Content, preparing notes, or just browsing. Basically, be respectful, tell the truth, follow the law, and use common sense. In addition, because our services are used by a large number of persons, we cannot be responsible for what is posted by third parties.
Interactive Services. The Site and Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, areas to prepare and share notes, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site or Services. All User Contributions must comply with the Faith Guidelines, as well as the content standards set out in these Terms (collectively, the “FCBH Standards”). Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, delete, destroy, and disclose to third parties any such material (including without limitation any notes that you create) for any purpose whatsoever. You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not FCBH, have full responsibility for such content, including without limitation its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site or Services.
User Contribution Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
FCBH DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES AND RESPONSIBILITY FOR ANY USER CONTRIBUTIONS OR CONTENT POSTED ON OR THROUGH THE SERVICES BY OTHER USERS OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU ARE ACCESSING OR USING THE SERVICES AT YOUR SOLE RISK AND THAT YOU HEREBY RELEASE AND HOLD FCBH HARMLESS FROM ANY AND ALL LIABILITY, LOSSES, COSTS, EXPENSES, AND RESPONSIBILITY OF ANY KIND RELATING TO ANY CONTENT POSTED BY USERS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS RELEASE IS A CONDITION TO YOUR USE OR ACCESS OF THE SERVICES AND THAT IF YOU DO NOT AGREE TO THIS PROVISION, YOU MAY NOT USE OR ACCESS THE SERVICES.
Developments. If you or any of your employees, contractors, or agents sends or transmits any communications or materials to us suggesting or recommending changes to the Site or Services (such as new features or functionality, or any comments, questions, suggestions, or the like (“Feedback”)), all such Feedback is non-confidential. You hereby assign to us on your behalf, and on behalf of your employees, contractors, and agents all right, title, and interest in such Feedback. We may, but are not required to, use without any attribution or compensation to you or any other person, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever.
4. Copyright Infringement
Summary: This section describes what to do if you believe that another user is infringing your copyrights by using our Site or Services.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of FCBH to terminate the user accounts of repeat infringers.
5. Linking to the Site and Social Media Features
Summary: We believe that the Bible should be shared with others. This section describes how linking to and from the Site and Services may be utilized to further that goal.
Linking to the Site and Services. You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Any web site that links to the Site or Services: (a) must not frame, surround, obfuscate, or create a browser or border environment around any of the DBP Content; (b) may link to, but not replicate, the DBP Content; (c) must not imply that the Site or Services or any artist or performer are endorsing or sponsoring it or its products, unless we have given prior written consent; (d) must not present false information about FCBH or our products or services; (e) must not use any Services or trademarks contained within or connected with the Services except as expressly permitted in these Terms or with the prior written permission from FCBH; (f) must not contain content that is illegal, obscene, or defamatory, or that could be construed as distasteful, offensive, or controversial; and (g) must not support, endorse, or encourage piracy or the unauthorized exploitation of Intellectual Property Rights. By linking to the Site you agree that you do and will continue to comply with the above linking requirements.
If you are the operator of a commercial website and would like to include the Services in your website, or if you would like to use the web, or other, applications for commercial purposes, please contact us by emailing support@digitalbibleplatform.com.
The Site and Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the FCBH Standards. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
Third Party Links. The Services may contain links to other sites and pop-ups and similar resources provided by third parties. These links and resources are provided for your convenience only. FCBH has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. When you use such links and resources, you do so at your own risk and subject to the terms and conditions of use for such websites or resources. FCBH is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. The inclusion of any link does not imply approval or endorsement by FCBH of the service provided by the third party.
Information. The information presented on or through the Site and the Services, as well as any links to outside sources and resources provide by third parties, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any of this information. Any reliance you place on such information is strictly at your own risk. Bible translations found on the Site or through the Services are provided by the licensors of FCBH and FCBH does not represent or warrant the accuracy of those translations.
6. Monitoring and Enforcement; Termination.
Summary: In some instances, we may suspend or terminate accounts. This section describes how we go about doing that.
FCBH values users of the Site and Services. In some cases, however, we may need to act if a user fails to comply with these Terms or the FCBH Standards. In addition, we may:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or Services. YOU WAIVE AND HOLD HARMLESS FCBH AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. We do not undertake to review material before it is posted on the Site or Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. Warranties; Liability; Indemnification
Summary: We work hard to provide a good experience to you, but we’re not able to guarantee that things will always work perfectly. The Site and Services are offered “as-is” and “as available” without guarantees. This section also describes what happens if we incur liability because of something you did. We hope that never happens, but if it does you agree to defend us against liability.
Warranties. YOUR USE OF THE SITE, THE SERVICES, AND ANY FUNCTIONALITY, CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE SERVICES IS AT YOUR OWN RISK, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FCBH NOR ANY PERSON ASSOCIATED WITH FCBH (INCLUDING WITHOUT LIMITATION ITS LICENSORS) MAKES ANY GUARANTEES REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE SERVICES. FCBH AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NOTWITHSTANDING, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Liability. IN NO EVENT WILL FCBH, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, OFFICERS, EMPLOYEES, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY APPLICATIONS, WEBSITES, OR CONTENT LINKED TO OR FROM ANY OF THE FOREGOING, ANY CONTENT OFFERED ON OR THROUGH THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. FCBH’S AND ITS LICENSOR’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED IN ANY EVENT ONE HUNDRED USD ($100.00).
Indemnification. You agree to defend, indemnify, and hold harmless FCBH, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including without limitation reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms; (b) your use or access of the Site or the Services in any manner not authorized by these Terms; (c) your infringement upon the Intellectual Property Rights of any person; or (d) your use of any DBP Content or other information obtained through the Site or the Services.
8. Disputes and Governing Law
Summary: This section explains the procedures we will follow if there is a dispute under these Terms.
In the case of a dispute between you and FCBH arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Binding Arbitration. You and FCBH agree that any dispute arising out of or relating to these Terms or your use of our Services, that is not resolved by us informally, will be settled through binding arbitration, conducted by the American Arbitration Association (“AAA”) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND FCBH EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
Disputes will be settled on an individual basis. YOU AND FCBH EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in the federal courts of the United States or the courts of the State of New Mexico in each case located in Albuquerque, Bernalillo County, New Mexico, to protect the party’s Intellectual Property Rights pending completion of the arbitration.
Governing Law. These Terms are governed by the laws of the shall be governed by and construed in accordance with the internal laws of the State of New Mexico, United States of America, without giving effect to any choice or conflict of law provision or rule, and regardless of where you are located in the world.
Venue. FCBH is located in New Mexico, with our headquarters in Albuquerque. Any dispute subject to Binding Arbitration will take place in Bernalillo County, New Mexico. For any other judicial action that may arise between you and FCBH, or for which our Binding Arbitration clause is found not to apply, both you and FCBH agree to submit to the venue and personal jurisdiction of the state and federal courts located in Bernalillo County, New Mexico. BY AGREEING TO THESE TERMS AND USING THE SITE OR SERVICES, YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.
9. Miscellaneous.
Summary: This section contains all the “boilerplate” legal stuff our attorneys require us to include.
Entire Agreement. These Terms, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of us with respect to the subject matter of these Terms and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. The invalidity, illegality, or unenforceability of any provision of these Terms does not affect any other provision of these Terms or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. These Terms are personal to you and may not be assigned for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We reserve the right to assign our rights and delegate our obligations under these Terms.
Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify these Terms from time to time; however, any changes to the dispute resolution provisions set out in Section 8 will not apply to any disputes for which you have actual notice of on or before the date the modification is made available to you.
Export Regulation. The Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws and regulations and obtain all necessary export license and other governmental approvals prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.
Equitable Relief. You acknowledge and agree that a breach or threatened breach by you of any of your obligations under these Terms would cause us irreparable harm for which monetary damages would not be an adequate remedy and agree that, in such case we will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. These remedies will not be exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Headings. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.
How to Contact Us. You can reach us by emailing support@digitalbibleplatform.com, or by submitting a message using our Contact Us form. To submit a notice pursuant to the Digital Millennium Copyright Act, please follow the instructions in our Copyright Policy.
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