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The Service And The Purpose Of These Terms
This agreement pertains to your access to the bandFIND.com and the "bandFIND | social"
Websites ("Websites") and services (Websites and services are
collectively the "Service"). These Terms include the policy for acceptable use
of
the Service and content posted on the Service and set forth your rights,
obligations
and restrictions regarding use of the Service. You may receive a copy of
this Agreement by emailing us at: termsofservice@bandfind.com, Subject: Terms
of Use Agreement.
We have attempted to lay out in this document all terms and conditions for the
safe and fruitful interaction of the members of our varied community. If a
matter
or dispute arises that is not covered by these terms, it will be resolved at
Company's
sole discretion, but in conversation with the affected parties and within the
governing law. If a member disagrees with the resolution, their recourse will be
to delete their account.
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Your Agreement
A. The Service, is provided by Bandfind, inc. doing business as bandFIND.com
("Company"). You may only use the Service as a "Member" (meaning you register
for the Service, including clicking on the "I Accept" button or checking the "I
Accept" box). The word "User" in these Terms refers to any and all Members.
These Terms and Conditions ("Terms" or "Agreement") are a legal agreement
between
you and Bandfind, inc.
B. By using the Service as a Member, you: (a) agree to be bound by the
Terms, (b) represent and warrant that you are authorized to bind yourself or any
entity (your band or broadcast) on whose behalf you enter into the Terms and (c)
represent and warrant that any such entity agrees to be bound by these Terms.
Please read these Terms carefully and save them. If you do not agree with them,
you should leave the bandFIND.com website and should not register for the
Service.
1. General
1.1 In consideration for your use of the Service, you represent and warrant:
1.2. Authority To Enter This Agreement. You have all necessary right, power
and authority to enter into and perform as required under this Agreement. You
are not barred from receiving the Service under the laws of the United States or
other applicable jurisdiction.
1.3. Age. You are 13 years old or older. Under United States law, you must be at
least 13 years of age to use this Service. (Children's Online Privacy Protection
Act of 1998 at http://www.ftc.gov/ogc/coppa1.htm).
1.4. Accuracy. All information provided by you to Company is true, accurate,
valid, current and complete. Your e-mail address is regularly checked. If you do
not provide such information, or Company reasonably suspects that you have
not, Company has the right to suspend or terminate your account and refuse any
and all use or access to the Service, including forfeiture of any prizes or
awards
won in any Contest.
2. Additional Terms And Modification Of Terms
2.1. Additional Terms. To use the Service, you may be required to download
software or content and/or agree to additional terms and conditions. Unless
otherwise
provided by the additional terms and conditions, they are hereby incorporated
into these Terms.
2.2. Third Party Terms. The Service may integrate with other services provided
by third parties. If you access or use the Service through a third party website
or
other interface, or use a software or other product in connection with the
Service,
you may be subject to additional terms and conditions.
2.3. Modification of Terms. Company may modify these Terms from time to
time. You agree that such modification shall be effective upon posting on the
Websites and you will be bound to any changes when you use the Service after
such modification is posted. It is therefore important that you review these
Terms
on the Websites regularly to ensure you are updated regarding any changes. If
the modification constitutes a material change, we may notify you via Company's
internal messaging service or via internet mail to the address provided in your
Account Profile. What constitutes a "material change" will be determined at our
sole discretion, in good faith and using common sense and reasonable judgment.
Notice will be considered to have been delivered once sent or posted. Any use
of the Service after alteration of the Terms will constitute acceptance by you
of
such changes. Your sole remedy should you not agree with the altered Terms
shall be close your account and to cease use of the Service.
3. Your Conduct And Activities During Use Of The Service
3.1. Personal Non-Commercial Use. You agree that: (a) your account is for
your sole, personal use (or the entity on whose behalf you are entering into
this
Agreement); (b) you will not authorize others to make any use of any kind of
your
account or profile; (c) you will not make any use (of any kind) of the Service,
this
site, or its contents for any commercial purposes, nor will you authorize others
to
do so.
3.2. Password, Account And Security. You agree to keep your password secure
and confidential and not to disclose it to anyone and will not permit any third
party to access your account. You agree to notify Company immediately of any
actual or suspected unauthorized use of your password or account or other
breach of security.
3.3. Unauthorized Conduct. You agree that you will not engage in any illegal
or prohibited conduct, on or through the Service or its Websites, including but
not
limited to the following:
3.3.1. Illegal Activity. You agree not to: (i) engage in any criminal or
tortious
activity, including child pornography, fraud, trafficking in obscene material,
drug
dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses
or other harmful files, copyright infringement, patent infringement, theft of
trade secrets, violation of export control laws or any other use of the Service
in a
manner inconsistent with any and all applicable local, state, national and
international
laws and regulations or (ii) use the Service for any illegal or unauthorized
purpose. International Users must comply with all local laws regarding online
conduct and acceptable content.
3.3.2. Advertising Or Solicitation. You agree not to: (i) create, upload, post,
email,
transmit, submit or otherwise make available unsolicited commercial messages
to any Users except in areas designated for such purpose; (ii) engage in
advertising to, or solicitation of, any User to buy or sell any products or
services;
(iii) collect usernames and/or email addresses for the purpose of sending
unsolicited
email; (iv) use any information obtained from the Service or its Websites in
order to contact, advertise to, solicit, or sell to any User without their prior
explicit
consent. In order to protect our Users from such advertising or solicitation,
Company
reserves the right to restrict the number of messages which a User may
send to other Users in any 24-hour period to a number which Company deems
appropriate in its sole discretion. You agree that commercial advertisements,
affiliate
links, and other forms of solicitation may be removed by Company without
notice and may result in termination of your account;
3.3.3. Obscuring Advertisements. You agree not to cover or obscure the banner
advertisements on your personal profile page, or any of the Services web
pages via HTML/CSS or any other means;
3.3.4. Scripting, Hacking Or Interfering. You agree not to: (i) make any
automated
use of the system, (such as through scripts, data mining, robots, screenscraping,
or similar data gathering and extraction tools); (ii) make available any
material that contains software viruses, worms, any other code, files or
programs
of a destructive nature (or designed to interrupt, destroy or limit the
functionality
of the Service or user software or hardware); (iii) interfere with, disrupt, or
create
an undue burden on the Service or the networks or services connected to the
Service; or (iv) act in a manner that negatively affects the ability of other
Users to
use the Service or engage in real-time dialogue via the Service's messaging
services;
3.3.5. Impersonation And Use Of Another's Account. You agree not to (i) attempt
to or actually impersonate another User or person; (ii) use any information
obtained from the Service in order to impersonate another User or person or
(iii)
use the account, username, or password of another User at any time;
3.3.6. Harassment. You agree not to abuse, harass, threaten, intimidate or
harm Users or another persons or use any information obtained from the Service
in order to do so;
3.3.7. False Association And Attribution. You agree not to (i) engage in any
conduct or statement which states or implies any false association between
Company or its Service and yourself or another entity, (ii) forge or manipulate
headers or identifiers in order to disguise the origin of any content
transmitted
through the Service; or (iii) misattribute or otherwise claim as your own the
copyrighted
works of another party.
3.4 Unauthorized Content. The following prohibitions are applicable to all
information
that you upload to or through the Service (including, but not limited to,
any songs, band information, audio, sounds, video, data, images, graphics,
photos,
text, information, screen names, profiles, newsletters, gig listings, playlists,
podcasts, blogs, broadcasts, messages, software, XML, RSS, HTML and links)
("Content"). You agree that you will not post or transmit any prohibited
Content,
including but not limited to the following:
3.4.1. Inappropriate Material. You agree not post on the Service, or transmit to
other Users any Content or material which: (i) is illegal, inaccurate, false,
misleading,
defamatory, abusive, obscene, profane, vulgar, tortious, libelous, patently
offensive; (ii) promotes illegal activities or furthers or promotes any criminal
activity or enterprise or provides instructional information about illegal
activities
including, but not limited to making or buying illegal weapons, violating
someone's
privacy, or providing or creating computer viruses; (iii) is sexually oriented
or sexually explicit, or which contains nudity or obscene or lewd subject
matter,
exploits people in a sexual manner, contains a link to an adult website, or uses
sexually suggestive imagery; (iv) solicits personal information from anyone
under
18; (v) solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users; (vi) provides any telephone numbers, street
addresses, last names, URLs or email addresses of any other person; (vii)
includes
a photograph of another person that you have posted without that person's
consent; (viii) is excessively violent or exploits people in a violent manner;
(ix) is threatening, harassing or abusive, or which advocates threats against,
harassment
of or abuse of another person; (x) is hateful, harmful or racially offensive,
or which promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual; (xi) infringes or violates another party's
rights (including,
but not limited to, copyrights, licenses, other intellectual property rights,
contractual or fiduciary rights and obligations, and rights of privacy and
publicity);
(xii) promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacturer-installed copy-protection devices, or
providing
pirated music or links to pirated music files; (xiii) involves the transmission
of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming"; (xiv) involves commercial activities and/or sales
without our prior written consent such as contests, sweepstakes, barter,
advertising,
or pyramid schemes; (xv) contains restricted or password only access pages
or hidden pages or images (those not linked to or from another accessible page);
(xvi) contains unfair, misleading or deceptive Content intended to draw traffic
to
the profile or other page; or (xvii) otherwise offensive or objectionable.
3.4.2. Personal Information. Publicly available profiles posted by a User or
other publicly accessible information made available by the User may not include
their telephone number, street address or last name;
3.4.3. Content Of Other Users. The Service contains Content of Users and
other licensors. Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display, or sell
any
Content appearing on or through the Service or its Websites.
3.5. Linking. When you post or link an outside website to Content hosted on
Company's servers, you must provide a link back to the corresponding display
page on the Service's website for each item of Content. However, you must not
embed mp3 Content hosted on the Service's Websites on outside websites that
cause such Content to "autoplay" unless using features and services provided by
the company created expressly for this purpose.
3.6. Maintenance. You agree to (a) maintain and promptly update your account
information to keep it true, accurate, current and complete; (b) maintain an
accurate,
up to date, valid, and regularly checked email address for the purposes of
receiving notification of changes to these Terms, and (c) ensure that messages
from Company are not being filtered, altered, or blocked by your email software
or service.
3.7. You Are Responsible For Your Conduct And Your Content. With respect
to the Service, you are fully and solely responsible for (a) any activity that
occurs
under your screen name, password or account, including any violation of this
Agreement, (b) your own conduct and your interactions with other Users, and (c)
any Content, material or information that you upload, create, post, display,
publish,
e-mail, communicate, transmit or otherwise make available, or which you
transmit to other Users.
3.8. Company's Rights Regarding Conduct And Content. Company reserves
the right to investigate and take appropriate action against anyone who, in
Company's
sole discretion, (a) violates the foregoing provisions regarding prohibited
conduct and Content, (b) violates or is alleged to violate any applicable law or
the
letter or spirit of this Agreement, (c) engages in conduct which may be
offensive,
illegal or violate the rights, harm, or threaten the safety of any person.
Company's
action may include, without limitation, reporting you to law enforcement
authorities, terminating your account, removing, refusing or moving offending
Content from the Service or Websites. If a dispute or claim arises from Content,
Company reserves the right to remove the Content until a bona fide resolution
has been reached. Company is in no position to resolve such claims or disputes,
and we will not referee your disputes. There are no assurances whatsoever that
any Content you submit shall actually be utilized on the Company site or, if so
utilized, continue to be available for any particular time.
3.9. Disclaimer Regarding Conduct And Content. Despite the above-stated
prohibitions on inappropriate conduct and Content, information provided by Users
and conduct of Users may violate some or all of the foregoing prohibitions.
Company does not endorse and has no control over the conduct or Content of its
Users. User conduct and Content is not necessarily reviewed by Company and
does not necessarily reflect the opinions or policies of Company. Company
assumes
no responsibility or liability for this conduct or Content and makes no
warranties,
express or implied, as to User conduct or Content, including its accuracy
or reliability, or of any material or information that you or other Users
transmit by
or through the Service. Company assumes no responsibility for monitoring the
Service or Websites for inappropriate conduct or Content. If at any time Company
chooses, in its sole discretion, to monitor the Service or Websites, Company
nonetheless assumes no responsibility to modify or remove any inappropriate
Content, and no responsibility for the conduct any User.
3.10. Reporting. If you become aware of misuse of the Service or its Websites
by any person, including any inappropriate conduct or Content, please contact
Company at abuse@bandfind.com.
4. Proprietary Rights In Content That You Provide To The Service
4.1. You Have All Necessary Rights. For all Content that you upload to the
Service, you represent and warrant that (a) you own or otherwise have all
rights,
approvals, licenses and/or consents necessary to submit the Content and (b) that
use of the Content on or through the Service does not violate the privacy
rights,
publicity rights, copyrights, trademarks, contract rights or any other rights of
any
person. You agree to pay all royalties, fees, and any other money owing any
person by reason of any Content posted by you to or through the Service. You
further guarantee that the compositions, recordings, lyrics, text and other
materials
contained in the Content are original, created only by you or the entity on
whose behalf you are entering into this Agreement and do not contain any
"samples"
or excerpts that would infringe on the copyrights of others and do not otherwise
infringe on the rights of any other individuals or companies.
4.2. Your Ownership Of Proprietary Rights In Uploaded Content. Company
does not claim ownership of any intellectual property rights over the Content
(including
text, files, images, photos, video, sounds, musical works, works of
authorship, or any other materials) that you upload to the Service. Any
intellectual
property rights, including the copyright, in uploaded Content belongs solely
to you, subject to the non-exclusive license granted herein. After uploading
your
Content to the Service, you continue to retain all ownership rights in such
Content,
and you continue to have the right to use your Content in any way you
choose.
4.3. License Of Uploaded Content To Company. By displaying or publishing
("uploading") any Content on or through the Service or its Websites, you hereby
grant to Company a limited license to use, copy, modify, adapt, translate,
publicly
perform, digitally perform, publicly display, reproduce, and distribute such
Content
(in whole or in part) or prepare derivative works, in any format or medium
now known or later developed, solely on and through the Service, its Websites or
its affiliates. The license is non-exclusive (meaning you are free to license
your
Content to anyone else in addition to Company), fully-paid and royalty-free
(meaning that Company is not required to pay you for the use on the Service or
its Websites of the Content that you upload), sublicensable (so that Company is
able to use its affiliates and subcontractors such as Internet content delivery
networks
to provide the Service and Websites and to permit Users to view, hear,
read, stream, download and link to your Content), and worldwide (because the
Internet, the Service and the Websites are global in reach). The license does
not
grant Company the right to distribute your Content outside of the Service or its
Websites. Except as otherwise provided herein, Company may not transfer or
sell its Content license to others. You represent and warrant that you have
sufficient
ownership rights to grant this license.
4.4. License For Syndication . You also grant Company the right to use the
Content, such as songs, Gig Listings and Band Information (including, but not
limited to, names, likenesses biographical material, logos, marks or trade names
of you or any individuals performing or otherwise represented in the Content or
the artist or band included or referred to in the Content) for the purposes of
syndication
of Company's products and services without any payment to you or any
other persons or companies. Company may sublicense its right to display your
Band Information and Gig Listings to anyone.
4.4.1. License For Promotional Purposes . If you register yourself or your
band via the bandFIND.com interface, or if you have specified label type
"Unsigned"
when registering your band via the bandFIND.com interface, you grant
Company the right to use the Content, such as songs, Gig Listings, and Band
Information
for the purpose of promotion of Company's products and services without
any payment to you or any other persons or companies. For bands registered
via the bandFIND.com interface, you may rescind this right at any time by
changing
the designation of your band's label type to something other than "Unsigned".
4.5. Waiver of Performance Royalties. You grant Company a waiver of any
performance royalties on the Content when performed by Company in a broadcast
format such as internet radio, satellite radio, or terrestrial radio. You
represent
that you have sufficient ownership of rights in the Content to grant Company
such waiver.
4.5.1. Sub-waiver of Performance Royalties. If you register your band via the
bandFIND.com interface, or if you have specified label type "Unsigned" when
registering your band via the bandFIND.com interface, you grant Company the
right to waive, on your behalf, any performance royalties on the Content when
performed by a third party in a broadcast format such as internet radio,
satellite
radio, or terrestrial radio. You represent that you have sufficient ownership of
rights in the Content to grant Company such waiver. For bands registered via the
bandFIND.com interface, you may rescind this right at any time by changing the
designation of your band's label type to something other than "Unsigned".
4.6. Distribution Controls. We encourage users to make their Content available
under terms that, in our opinion, are more user-friendly than have become
standard in most jurisdictions. Accordingly, we offer the ability to mark your
Content
as, (a) available only in streaming format (not downloadable), (b) downloadable
in MP3 format or (c) as licensed under a Creative Commons license. When
you select (a) available only in streaming format, your music may still be
downloaded
in MP3 format by registered radio partners of Company for the purpose of
digitally broadcasting your music. By selecting to mark your content as licensed
under a Creative Commons License, you explicitly agree to releasing your song
to the commons as described at www.creativecommons.com. Company may for
legal or operational reasons, change the options available for control over
distribution
of Content. If we do this we will attempt to select the new option that best
fits your original choice. This will constitute a material change of these terms
and
we will notify you as explained herein. Your option after receiving such change
is
to pick a different option than the one we chose for you, or delete the Content.
4.7. Content Removal. You can remove your Content at any time by deleting
your account. Deletion of your account will not terminate any Content licenses
granted prior to deletion of your account.
4.8 Ad Listings. All listings posted on or through the bandFIND ad service and
all transactions conducted in connection therewith are subject to and governed
by the bandFIND Ad Guidelines (the "Guidelines") as well as these Terms of Use.
When you use bandFIND Ads in any manner you are agreeing to abide by and
be subject to the Guidelines and the other applicable rules set forth in these
Terms of Use. The Guidelines are subject to change without prior notice at any
time, in the Company's sole discretion, so you should review the Guidelines each
time you use bandFIND Ads. Parties to a transaction are solely responsible for
all
interactions with each other, for arranging for payment and the exchange of the
goods or services purchased if applicable, and for the results and performance
of
any transaction or relationship entered into through bandFIND Ads. You
acknowledge
that bandFIND.com is not responsible or liable for any action or inaction
of any party to a transaction, for any failure to perform, to pay any amounts
due, or to deliver any merchandise or services as promised, or for any other
aspect
of the transaction. However, please note that the Terms of Sale do not apply
to your purchases of products or services from third parties through bandFIND
Ads, as those transactions are strictly between you and the other party to the
transaction. ALL USE OF BANDFIND ADS IS PROVIDED "AS IS" AND AT YOUR
OWN RISK.
4.8.1 • bandFIND Ad Guidelines.
All Listings must be accurate and not misleading, and you may not use the
Service
in a fraudulent manner or to engage in any fraudulent activity or purpose or to
impersonate any person or entity.
• You may list an item in only one Listing at a time, and in the most
appropriate
category.
• You may not list any item for sale, lease or rent that is not in your
possession
or that you do not have the right to sell lease or rent at the time the
item is listed.
• You may not post any material that contains or links to any viruses, worms,
Trojan horses, corrupted data or other harmful, disruptive or destructive
files or programs.
• You may not post in your Listings any content that is infringing, obscene,
offensive, harassing, hateful, inflammatory, abusive, defamatory, harmful,
fraudulent, or invasive or privacy or publicity rights or otherwise violates
these Guidelines or the Terms of Use.
• You may not promote, encourage or solicit illegal activity of any kind.
• You may not offer, list, sell or lease any items that are designated in these
Guidelines as Prohibited Items or that would violate these Guidelines in
any manner.
All Listings and all transactions entered into through the Service must comply
with all applicable laws, rules, regulations and restrictions, and you may not
offer,
list, sell, lease, solicit, request or provide anything through the Service in a
jurisdiction
where such action would violate any law, rule, regulation or restriction.
The parties to a transaction are solely responsible for researching and
determining
the scope of the applicable law to determine whether a listing or transaction
complies with applicable law.
Prohibited Items
Without limiting any of the restrictions contained elsewhere in these Guidelines
or
the Terms of Use, the following items may not be sold, leased, rented, provided
or otherwise transacted through bandFIND Ads:
• Firearms, ammunition and other weapons and related accessories (including
martial arts weapons)
• Fireworks or any destructive devices or explosives
• Child pornography or obscenity
• Illegal drugs and drug paraphernalia
• Prescription or nonprescription drugs and medical devices
• Alcohol or tobacco products
• Goods made from protected animals/plants
• Restricted or regulated plants and insects
• Pesticides or hazardous substances
• Illegal, stolen or counterfeit goods or knock-offs of brand name products
• Blood, bodily fluids and body parts
• False identification cards and police items
• Hacking and illegal surveillance equipment and descrambling equipment
• Burglary tools
• Counterfeit stamps, currency and coins
• Material that infringes the rights of a third party, including copyrights,
trademarks, patents, rights of publicity and rights or privacy (including
warez and bootleg copies)
• Airline tickets that restrict transfer
• Lottery or raffle tickets, sweepstakes or content entries or gambling related
items or devices
• Used or rebuilt batteries
• Bulk email or mailing lists that contain names, addresses, phone numbers,
or other personal identifying information
• Hazardous goods
• Stocks, bonds, securities
• Sexual services or sexually explicit materials
• Event tickets if sale, pricing or manner of sale violates state and local
regulations
• Any item that violates US export laws to sell to the intended seller,
including
items subject to US embargoes
• Items that are associated with hate groups such as Nazis or Ku Klux Klan
• Items subject to a recall or for which resale is prohibited
General Rules and Guidelines
• The parties to a bandFIND Ad transaction are solely responsible for all
interactions
with each other, for arranging for payment, customer service and
the exchange and fulfillment of the goods or services purchased, and for
the results of the transaction and for all applicable taxes. bandFIND.com is
not responsible for any failure to pay any amounts due, or to deliver any
merchandise or services as promised or for any other aspect of the transaction.
• You should be aware that Listings are intended to be public, and regardless
of any privacy settings you select, Listings that you post on
bandFIND.com and questions or comments you post in connection with
the Services may in some cases become publicly available on the band-
FIND Site. For example, (i) questions that you send regarding a Listing,
may be posted by the person who initiated the Listing in connection with
such Listing, (ii) your Listings may be visible to all bandFIND.com users,
and (iii) users who can view your Listing are able to send you messages
through your Listing, even if your message setting is set to receive messages
only from your bandFIND friends or an otherwise restricted set of
users. Therefore, you should also avoid posting phone numbers, email addresses
or other personal information in your Listings and in any questions
or comments you may post in connection with any Listings.
• Parties to a transaction should exercise caution in providing contact
information
or personal information to the other party and in making personal
contact with the other party. bandFIND is not responsible for the actions of
any of its users, and this Service is provided AS IS AND AT YOUR OWN
RISK.
• Both parties to a transaction are responsible for determining if the
transaction
is illegal or otherwise does not fully comply with applicable law.
• You are responsible for all listings posted and all other activities conducted
using your password, and you should protect your password and not disclose
it to any other person.
• The Service may not be used to solicit or obtain user passwords.
• You must own or otherwise have the right to use all photographs used in
any Listings, and such photographs must accurately represent the item involved
in your transaction.
• You may not use bandFIND Ads to send spam or other unsolicited commercial
emails of any kind or send spam to any user you locate through
the Service.
• You may not use the bandFIND Site or the Service to solicit bandFIND Ads
users to post ads on other sites
• You may not use information that a specific user navigated from the band-
FIND Site to your web site or any personally-identifiable information regarding
any user of the bandfIND Site to target communications specifically
to users of the bandFIND Site without bandFIND.com’s prior written
consent.
• bandFIND reserves the rights to immediately and without notice terminate
any Listings or your use of bandFIND.com or the bandFIND Ads, for any
reason, or no reason, at its sole discretion, including without limitation if
you violate these Guidelines or the Terms of Use.
• If you believe a Listing violates these Guidelines or the Terms of Use, you
may report the violation to bandFIND.com by using the "Report" button adjacent
to the Listing, and bandFIND will determine in its sole discretion how
to address such Listing. Please see our Copyright Policy in section 6 to
see how to report listings that you believe infringe a copyright you own or
control. It is a violation of these Guidelines to intentionally misreport a
Listing
as violating these Guidelines or the Terms of Use.
4.9 Your Interactions with Other Members. You are solely responsible for your
interactions with other Members. You understand that bandFIND.com does not in
any way screen its Members, nor does bandFIND.com inquire into the backgrounds
of its Members or attempt to verify the statements of its Members. Bandfind.Com
makes no representations or warranties as to the conduct of Members or their
compatibility
with any current or future Members. In no event shall Bandfind.Com
be liable for any damages whatsoever, whether direct, indirect, general,
special, compensatory, consequential, and/or incidental, arising out of or
relating to the conduct of you or anyone else in connection with the use of
the Service, including without limitation, bodily injury, emotional distress,
and/or any other damages resulting from communications or meetings
with other registered users of this Service or persons you meet through
this Service. You agree to take reasonable precautions in all interactions with
other Members of the Service, particularly if you decide to meet offline or in
person.
You understand that Bandfind.Com makes no guarantees, either express or implied,
regarding your ultimate compatibility with individuals you meet through the
Service.
You should not provide your financial information (for example, your credit card
or bank account information) to other Members.
5. Proprietary Rights In Company's And Third-Party Content & Technology
5.1. Company's Ownership Of Proprietary Rights. The Service contains
Content and technology of Company that is protected by copyright, trademark,
patent, trade secret and other laws.
5.2. Created Content. Any content created using the Service shall be owned by
Company. For example, all copyrights in reviews, ratings, rankings, charts,
playlists, podcasts, blogs, newsletters, broadcasts, XML, and RSS shall be
owned by Company and licensed to you and other users of the Service pursuant
to the terms hereof.
5.3. Service. You acknowledge that the Service contains copyrighted material,
trademarks, and other proprietary information of Company and its licensors and
you agree that except for the limited license granted hereunder, all right,
title and
interest to the Service and the contents therein remains with Company or third
parties.
5.4. Websites. The compilation of content comprising the Service and its
Websites
are the exclusive property of Company and protected by U.S. and international
copyright laws.
5.5. Software. All software used on this site is the property of Company or its
software licensors and is protected by United States and international copyright
laws. You agree not to translate, reverse engineer, decompile, disassemble,
modify or create derivative works based on any of the software constituting or
provided through the Service. You agree not to circumvent any technology used
by Company or its licensors to protect content accessible via the Service.
5.6. Trademarks. bandFIND.com, plug in., bandFIND.TV, Web Jockey, and
WebJ trademarks and servicemarks are the property of Bandfind, inc. ("the
Marks"). Without prior permission from Bandfind, inc., you agree not to display
or
use the Marks in any manner.
5.7. Patents. One or more patents apply to this site and to the features and
Service accessible via the site, including the patent-pending technologies for
Review
Process using Lathroum Preference Engine, "Roll-Your-Own" Radio Station,
Method for Creating and Accessing Podcasts, and Method for Discovery of Music
within a Social Network. You agree that all rights, title and interest to such
patents
remain with Bandfind, inc.
5.8. Limited License Of Company Content To User. Subject to the terms and
conditions hereof, Company hereby grants you a limited, revocable,
nonsublicensable
license to display the Company Content (excluding any software code)
solely for your personal use in connection with viewing the Service's Websites.
No other rights are granted to User in Company Content other than those rights
granted explicitly herein. You agree to comply with any distribution controls
and
terms applicable to content made available through the Service, as set forth in
Paragraph 4.6. You further agree to comply with all other restrictions on
copying
and distribution of content stated in these Terms.
6. Copyright Policy. You may not post, modify, distribute, or reproduce in any
way any copyrighted material, trademarks, or other proprietary information
belonging
to others without obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of Company to terminate all privileges of
any
User who repeatedly infringes the copyright rights of others upon receipt of
prompt notification to Company by the copyright owner or the copyright owner's
legal agent. Without limiting the foregoing, if you believe that your work has
been
copied and posted on the Service or its Websites in a way that constitutes
copyright
infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on
behalf
of the owner of the copyright interest; (ii) a description of the copyrighted
work that you claim has been infringed; (iii) a description of where the
material
that you claim is infringing is located on the Service or its Websites; (iv)
your address,
telephone number, and email address; (v) a written statement by you that
you have a good faith belief that the disputed use is not authorized by the
copyright
owner, its agent, or the law; (vi) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the
copyright owner or authorized to act on the copyright owner's behalf. COMPANY'S
COPYRIGHT AGENT FOR NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT
CAN BE REACHED AS FOLLOWS:
By email: copyright@bandfind.com (Attn: Copyright Agent). With a copy by mail
to: Bandfind, inc., 1345 Wenlon dr. Suite 1113, Murfreesboro, TN 37130 (Attn:
Copyright Agent).
7. Privacy Policy. You are aware of our Privacy Policy located at
http://www.bandfind.com/privacy. Use of the Service is governed by the Privacy
Policy, which is incorporated into this Agreement by this reference. In the
event
of an inconsistency between these Terms and the Privacy Policy, these Terms
shall control.
8. Service Terms
8.1. General. Company reserves the right, but has no obligation, to take any of
the following actions in its sole discretion at any time and for any reason, and
you
agree that we will not be liable to you or any third party for taking any of
these actions.
8.2. Company's Right To Control Service. Company reserves the right, in its
sole discretion, to reject, refuse to post or remove any Content (including
private
messages) by you, or to restrict, suspend, or terminate your access to all or
any
part of the Service or its Websites at any time, for any or no reason, with or
without
prior notice, and without liability.
8.3. Fees. You acknowledge that Company reserves the right to charge for the
Service and its Websites and to change its fees from time to time in its
discretion.
If Company terminates your Membership because you have breached the
Agreement, you shall not be entitled to the refund of any unused portion of
subscription
fees.
8.4. Monitoring. Company may monitor the Content available on the Service.
8.5. Availability. Company may change, suspend, or discontinue all or any part
of the Service at any time, with or without reason. You acknowledge that the
operation
of our site may from time to time encounter technical or other problems
and may not necessarily continue uninterrupted or without technical or other
errors
and Company shall not be responsible to you or others for any such
interruptions,
errors or problems or an outright discontinuance of the Service. Company
has no obligation to continue producing or releasing new versions of the Service
or any associated software and/or Content.
8.6. Account Access. Company may restrict, suspend, or terminate your access
to all or any part of the Service, deactivate your account, or delete your
account
and all related information and files in your account. You acknowledge,
consent and agree that Company may access, preserve, disclose or delete your
account information and Content if required to do so by law or in a good faith
belief
that such act is reasonably necessary to: (a) comply with legal process; (b)
enforce this Agreement; (c) respond to claims that Content violates the rights
of
third-parties; (d) respond to your requests for customer service; or (e) protect
the
rights, property, or personal safety of Company, its users and the public. After
a
period of inactivity, Company reserves the right to disable or terminate a
user's
account. If an account has been deactivated for inactivity, the name associated
with that account may be given to another Registered User without notice to you
or such other party.
9. Additional Specific Service Conditions
9.1. Contest Entry. As used herein the "Contest" shall mean the ongoing
reviewing,
ranking and rating of songs via the bandFIND.com Review Process.
Performance in the contest may earn you additional Awards (including but not
limited to badges, promotional opportunities, cash awards, prizes and contract
opportunities).
9.2. Additional License Regarding Radio Partners. You authorize Company
to grant on your behalf the following with regards to your Audio Content: a
current,
non-exclusive, worldwide, and fully paid-up up license to any and all of
bandFIND.com’s digital radio partners existing today or added in the future
("Radio
Partners") to:
Reproduce, distribute, perform publicly, display publicly, and perform digitally
the
Material in whole or in part, to the extent deemed necessary by Company or Radio
Partners, each in its sole discretion, in connection with the digital
broadcasting
of the Material via the Radio Partner's digital radio service and the
advertising,
promotion and marketing of the Radio Partner's website and services Use
any trademarks, service marks or trade names incorporated in the Material or
associated with any artists, producers or other individuals whose performances
are embodied in the Material, to the extent deemed necessary by Company or
Radio Partners, each in its sole discretion, in connection with the digital
broadcasting
of the Material via the Radio Partner's digital radio service and the
advertising,
promotion and marketing of the Radio Partner's website and services; Use
the name and likeness of any artists, producers or other individuals whose
performances
are embodied in the Material, to the extent deemed necessary by
Company or Radio Partners, in its sole discretion, in connection with the
digital
broadcasting of the Material via the Radio Partner's digital radio service and
the
advertising, promotion and marketing of the Radio Partner's website and
services.
9.3. Collective Bargaining. You further agree and acknowledge that Company
and our Radio Partners are not a signatory to any collective bargaining
agreement
and are not obligated to make any payments under any such agreement.
9.3.1. Disclaimer. Without limiting any other provision of this Agreement, you
agree that Company and our Radio Partners shall not be obligated to obtain any
other license, from any person, firm, corporation or other entity, in connection
with the exploitation or use of any of the Material, trademarks, trade names,
names and likenesses, and/or any other rights granted by you to Company or our
radio partners in this Agreement, in any country or territory of the world,
including,
without limitation, any performance right organization, mechanical royalty
collection organization or society (including the Harry Fox Agency and NMPA),
music publisher, administrator, record label or other company.
9.4. Audio Hosting. As used herein "Audio Hosting" shall mean the upload,
storage, web serving, and streaming of a single unit of digital audio media and
associated metadata.
9.5. Gig Listing. As used herein "Gig Listing" shall mean text information
announcing
the details of a musical performance. This information may be but is not
obligated to be displayed in a variety of ways including but limited to
websites,
newsletters, and XML documents.
9.6. Playlist and Blog Programming (podcasts). As used herein the "podcasts"
shall mean a sequential series of posts containing text, audio, and other
media, and a corresponding multimedia XML file conforming to the RSS
specification.
9.7. Payment. If by reason of death or disability you are unable to receive the
Service for which you contracted, you and your estate may elect to be relieved
of
payment obligations for the Service excepting those received before death or
onset
of disability.
9.8. bandFIND.com Beta. You agree that you recognize that the
bandFIND.com website is currently a 'beta' release and is undergoing testing.
You agree that you understand that bandFIND.com may not perform with complete
functionality, may be undergoing testing, may be inconsistently available,
may have software 'bugs' still being actively fixed by Company's engineering
team and may have other issues affecting availability and functionality.
9.9. Album Art and Music Samples On bandFIND.com. You acknowledge
that album art and music samples made available by bandFIND, inc. at
bandFIND.com or any of its affiliate websites or services are the copyrighted,
trademark and proprietary information of third-parties and, with respect to such
material, any reproduction, publication, further distribution or public
exhibition of
materials provided at this site, in whole or in part, is strictly prohibited.
9.10 The bandFIND navigation banner.
9.10.1 The bandFIND navigation banner incorporates the Adobe® Flash® runtime
and Adobe® Flash® Player software (collectively 'Flash Software') by Adobe
Systems Incorporated, Copyright 1995-2006 Adobe Macromedia Software LLC.
All rights reserved. Adobe and Flash are trademarks of Adobe Systems
Incorporated.
9.10.2 You agree that the Flash Software is the property of Adobe Systems,
Incorporated. You agree that any reproduction or copying, publication or
distribution
of the Flash Software, in whole or in part, is strictly prohibited.
9.10.3. You agree not to translate, reverse engineer, decompile, disassemble, or
otherwise reduce the Flash Software to a human-perceivable form. You agree
not to modify or create derivative works based on the Flash Software. You agree
not to circumvent any technology used to protect the Flash Software.
9.10.4. You agree that all disclaimers and limitations of liability set forth in
Paragraphs 12.1 through 12.8 and Paragraph 13 set forth below apply to your download
or use of the Flash Software.
10. Disputes Between Users. You are solely responsible for your interactions
with other Users of the Service or its Websites. Company reserves the right, but
has no obligation, to monitor disputes between you and other Users.
11. Term And Termination
11.1. Term. This Agreement shall become effective upon your acceptance of the
Terms by your use of the Service and shall remain in effect in perpetuity unless
terminated hereunder.
11.2. Termination. Either you or Company may terminate your account at any
time, for any reason or no reason, without explanation. You agree that Company
may, under certain circumstances and without prior notice, immediately terminate
your account, any associated email address, and access to the Service. Cause
for such termination shall include, but not be limited to: (a) breaches or
violations of this Agreement or other incorporated agreements or guidelines, (b) requests
by law enforcement or other government agencies, (c) a request by you (selfinitiated
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) you have engaged in fraudulent or
illegal
activities, and/or (h) nonpayment of any fees owed by you in connection
with the Services. Company shall not be liable to you or any third-party for any
termination of your account, made in Company's sole discretion.
11.3. Public Content. With respect to Content you mark with a Creative Commons
license prior to deleting your account or terminating this Agreement, such
license shall survive such deletion or termination. Company's license to
display, sublicense, and syndicate Band Information and Gig listings also survives
deletion of your accounts.
11.4. Audio Hosting. You may cancel the Audio Hosting agreement by deleting
your Audio Content from your account at any time and if you cancel within thirty
(30) days of purchase, you are entitled to a no-questions-asked refund. Deleting
songs means those songs are no longer subject to this agreement, but the rest of
these Terms are not cancel led. Upon your emai led request to
pleasehelp@bandfind.com being received by us, we will proceed to delete your
song from our system within up to thirty (30) days after receipt of your
request.
You are free to cancel your Audio Hosting at any time; however, if you submit
your song to enter the Contest, processing your request will wait until it has
completed
its current round of reviews. We are obviously not responsible for any copies
of your song or other materials that may have been downloaded from our site
before we removed your material.
11.5. Performance Royalty Waiver. Any performance royalty waiver made by
Company before you deleted your Audio Content survives the deletion. It is
solely
your responsibility to identify, contact and cancel the performance waiver from
those parties for whom we had waived the rights on your behalf.
11.6. Contest Entry. You may cancel your Contest Entry at any time, but will
under no situation be entitled to a refund. Canceling your Contest entry will be
considered forfeit of any prizes or awards won in the Contest. Company retains
the right after you cancel your Entry to display statistics related to the
performance
of the Song in the Contest.
11.7. Breach. In the event your access to the Service is suspended due to the
breach of this Agreement, you agree that all fees then paid to Company by you
shall be nonrefundable. In the event of termination by Company, your account
will be disabled and you may not be granted access to your account or any files
or other content contained in your account although residual copies of
information
may remain in our system.
12. Disclaimers, Warranties And Limitations On Liability
12.1. Disclaimers. Company is not responsible for any incorrect or inaccurate
Content posted on or through the Service or its Websites, whether caused by
Users or by any of the equipment or programming associated with or utilized in
the Service or its Websites. Profiles created and posted by Users may contain
links to other websites. Company is not responsible for the Content, accuracy or
opinions expressed on such websites, and such websites are in no way
investigated,
monitored or checked for accuracy or completeness by Company. Inclusion
of any linked website on or through the Service or its Websites does not imply
approval or endorsement of the linked website by Company. When you access
these third-party sites, you do so at your own risk. Company takes no
responsibility
for third party advertisements which are posted on or through the
Service or its Websites, nor does it take any responsibility for the goods or
services
provided by its advertisers. Company is not responsible for the conduct,
whether online or offline, of any User of the Service or its Websites. Company
assumes no responsibility for any error, omission, interruption, deletion,
defect,
delay in operation or transmission, communications line failure, theft or
destruction
or unauthorized access to, or alteration of, any User communication. Company
is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to technical problems
or
traffic congestion on the Internet or on any of the Company Services or
combination
thereof, including any injury or damage to Users or to any person's computer
related to or resulting from participation or downloading materials in
connection
with the Service or its Websites. Under no circumstances shall Company be
responsible
for any loss or damage, including personal injury or death, resulting
from use of the Service or its Websites, attendance at a Company event, from
any Content posted on or through the Service or its Websites, or from the
conduct
of any Users of the Service or its Websites, whether online or offline.
12.2. Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY PROVIDES
THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY
MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR INFORMATION
COLLECTED FOR OR PROVIDED TO USERS UNDER THIS
AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, REGARDING OR RELATING TO THE SERVICE OR ANY
SERVICES PROVIDED TO THE REGISTERED USER UNDER THIS AGREEMENT.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN THE EVENT OF COMPANY'S BREACH OF WARRANTY,
THE SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF THE
AMOUNTS PAID FOR THE SERVICE BY THE REGISTERED USER.
12.3. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL
COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO
THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR
CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND
PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COMPANY KNOWS
OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER
NO CIRCUMSTANCES WILL COMPANY'S AGGREGATE LIABILITY, ON ANY
FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT,
EXCEED THE AMOUNTS PAID BY YOU FOR YOUR ACCOUNT.
12.4. Exclusions
CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OF THE ABOVE LIMITATIONS IN SECTION 12.2 and 12.3 MAY NOT
APPLY TO YOU.
12.5. U.S. Export Controls. Software available in connection with the Service
(the "Software") is further subject to United States export controls. No
Software
may be downloaded from the Service or otherwise exported or re-exported in
violation
of U.S. export laws. Downloading or using the Software is at your sole risk.
12.6. Accuracy. Opinions, advice, statements, offers, information or other
Content
made available through the Service are those of their respective authors,
and should not necessarily be relied upon. Such authors are solely responsible
for such content. Company does not: (i) guarantee the accuracy, completeness
or usefulness of any information on the service, and (ii) adopt, endorse nor
accept
responsibility for the accuracy or reliability of any opinion, advice, or
statement
made by any party other than Company. Under no circumstances will Company
be responsible for any loss or damage resulting from anyone's reliance on
information or other content posted on the service, or transmitted to or by any
registered users.
12.7. Advertisements. Your correspondence or business dealings with, or
participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser. You agree that Company shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
12.8. Beta Releases Of All Or Portions Of The Service. The Service or portions
of the Service may be labeled 'Beta.' All disclaimers and limitations of
liability
set forth herein apply to any Service or portion of the Service labeled 'Beta.'
Further, you specifically agree that you understand that any Service or portion
of
the Service labeled 'Beta' may not perform with complete functionality, may be
undergoing testing, may be inconsistently available, may have software 'bugs'
and may have other issues affecting availability and functionality. In addition
to
all other disclaimers and limitations of liability herein, you specifically
agree that
Company is not responsible or liable for any error, problem, omission,
malfunction,
interruption, defect, delay, or failure, in any regard, concerning any Service
or portion of the Service labeled 'Beta.'
13. Indemnity. You agree to indemnify and hold harmless Company, its officers,
directors, employees, agents and third parties, harmless for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees) relating to or
arising
out of your connection to or Use of the Service, including any breach by you
of the terms of this Agreement and any claims arising from the Content you
submit,
post, transmit or make available through the Service or its Websites, or your
use of the Service or its Websites. You specifically indemnify Company of any
claims that may arise from the inaccuracy of the Gig Listing, Band Information,
or
Contest Entry.
14. General Provisions
14.1. Rights Reserved. Company and user retain all rights and licenses not
explicitly granted hereunder.
14.2. Binding agreement. This Agreement shall inure to the benefit of and be
binding upon the parties and their respective successors and permitted assigns.
14.3. Choice of law and forum. These Terms, the relationship between you and
Company, and any dispute involving the Service, the Websites or these Terms,
shall be governed by (and construed and interpreted in accordance with) the
laws of California, without regard to its conflict of law provisions or your
actual
state or country of residence. You hereby irrevocably submit to the personal and
exclusive jurisdiction and venue of the federal and state courts serving the
City
and County of San Francisco, other than for actions to enforce any order or
judgment entered by such courts, in the event of any dispute arising out of or
relating
to this Agreement.
14.4. Severability and Waiver. If any provision of this Agreement shall for any
reason be held invalid, illegal or unenforceable in any respect, the remaining
provisions
shall remain in full force and effect, and the parties agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision.
The failure to exercise or enforce any right or provision of this Agreement
shall not constitute a waiver of any prior, concurrent or subsequent breach of
the
same or any other provisions hereof, and no waiver shall be effective unless
made in writing.
14.5. Survival. Unless otherwise explicitly stated, these Terms will survive the
expiration or deletion your account for any reason. Company may assign any or
all of its rights hereunder in the event of a merger or acquisition of all or
substantially
all of the assets to which this Agreement relates.
14.6. No Partnership. The parties bear the relationship to each other of
independent
contractors, and nothing in this Agreement shall be deemed to create a
partnership, joint venture, or agency relationship between them, nor shall
either
party have the power or authority by virtue of this Agreement to bind the other.
14.7. Entire Agreement. This Agreement, contains the entire agreement between
you and Company regarding the use of this Service, and it supersedes all
prior and contemporaneous agreements, promises, representations, warranties,
and understandings of the parties regarding the same subject matter. You also
may be subject to additional terms and conditions that may apply when you use
or purchase certain other Company services, affiliate services, third-party
content,
or third-party software.
14.8. Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the
Service or these Terms that you bring must be brought within one (1) year after
such claim or cause of action arose or be forever barred.
14.9. Third Party Rights. Nothing in this agreement shall confer any rights or
benefits to third parties.
14.10. Counsel. Although we have attempted to outline above the terms on
which you may use the Service in straightforward English, please be aware that
these terms, if accepted by you, create a binding legal agreement between you
and Company. We strongly urge that before accepting these terms you print out a
copy and review it with your attorney, manager and other representatives and if
you have no such representatives that you seek other independent qualified
guidance.
Please contact us at: termsofuse@bandFIND.com with any questions regarding
this Agreement.
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BY USING THIS SERVICE YOU AGREE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
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