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Platform Terms of Use

2 months ago

Platform Terms of Use


Platform Terms of Use

Last Modified: December 1, 2020

1.          Acceptance of the Terms of Use

These Platform Terms of Use, together with any documents or other terms and conditions or agreements expressly incorporated by reference (collectively, the “Terms of Use”), constitute a legally binding agreement between you, or any company you represent (collectively, “You,” “you,” or “User”), and Rebel AI Inc. (“Rebel AI”).  The Terms of Use govern all User access to and use of https://rebelai.com, https://rebel.ai, https://compass.rebel.ai and any other Rebel AI website or client portal  (collectively, the “Websites”), any Rebel AI mobile or desktop apps (the “Apps”), and any content, functionality, technology solutions and services offered on or through the Websites or Apps (collectively, the “Services”).  The Website, Apps and Services are collectively referred to as the “Rebel AI Platform”.

Please read the Terms of Use carefully before you start to use the Rebel AI Platform. By using the Rebel AI Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Rebel AI Privacy Policy found at https://rebelai.com/privacy-policy/ and incorporated herein by reference.  you do not want to agree to these Terms of Use and Privacy Policy, you must not access or use the Rebel AI Platform.

This Rebel AI Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Rebel AI Platform, you represent and warrant that you are of legal age to form a binding contract with Rebel AI and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Rebel AI Platform.

2.          Changes to the Terms of Use

Rebel AI may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when Rebel AI posts them and apply to all access to and use of the Rebel AI Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Rebel AI Platform.

Your continued use of the Rebel AI Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3.          Accessing the Rebel AI Platform and Account Security

Rebel AI reserves the right to withdraw or amend the Rebel AI Platform, and any service or material provided on the Rebel AI Platform, in Rebel AI’s sole discretion without notice. Rebel AI will not be liable if for any reason all or any part of the Rebel AI Platform is unavailable at any time or for any period. From time to time, Rebel AI may restrict access to some parts of the Rebel AI Platform, or the entire Rebel AI Platform, to users, including registered users.

You are responsible for:

To access the Rebel AI Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Rebel AI Platform that all the information you provide on the Rebel AI Platform is correct, current and complete. You agree that all information you provide to register with the Rebel AI Platform, post on the Rebel AI Platform, or otherwise, including but not limited to through the use of any interactive features on the Rebel AI Platform, is governed by the Rebel AI Privacy Policy, and you consent to all actions Rebel AI takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of Rebel AI security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Rebel AI Platform or portions of it using your user name, password or other security information. You will be responsible for all activities that occur under that password.  You agree to notify Rebel AI immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Rebel AI in its sole discretion deems offensive.

Rebel AI has the right to disable any user name, password or other identifier, whether chosen by you or provided by Rebel AI, at any time in its sole discretion for any or no reason, including if, in Rebel AI’s opinion, you have violated any provision of these Terms of Use.

4.          Intellectual Property Rights

The Rebel AI Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Rebel AI, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Rebel AI Platform for your personal, non-commercial use only, or for legitimate business purposes relating to your role as a potential or current supplier or customer of Rebel AI subject to any separate agreement with Rebel AI. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Rebel AI Platform, except as follows:

You must not:

Except as otherwise agreed to between you and Rebel AI, you must not access or use for any commercial purposes any part of the Rebel AI Platform or any services or materials available through the Rebel AI Platform.

If you wish to make any use of material on the Rebel AI Platform other than that set out in this section, please address your request to: support@rebelai.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Rebel AI Platform in breach of the Terms of Use, your right to use the Rebel AI Platform will cease immediately and you must, at Rebel AI’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Rebel AI Platform or any content on the Rebel AI Platform is transferred to you, and all rights not expressly granted are reserved by Rebel AI. Any use of the Rebel AI Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5.          Trademarks

The Rebel AI name, Rebel AI logo, the Passport name and logo, the Compass name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Rebel AI or its affiliates or licensors. You must not use such marks without the prior written permission of Rebel AI. All other names, logos, product and service names, designs and slogans on the Rebel AI Platform are the trademarks of their respective owners.

6.          Prohibited Uses

You may use the Rebel AI Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Rebel AI Platform:

Additionally, you agree not to:

7.          User Contributions

The Rebel AI Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas 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 Rebel AI Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Rebel AI Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Rebel AI Platform, you grant Rebel AI and its affiliates and service providers, and each of their and Rebel AI’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Rebel AI, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Rebel AI is 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 Rebel AI Platform.

8.          Monitoring and Enforcement; Termination

Rebel AI has the right to:

Without limiting the foregoing, Rebel AI has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Rebel AI to disclose the identity or other information of anyone posting any materials on or through the Rebel AI Platform. YOU WAIVE AND HOLD HARMLESS REBEL AI AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Rebel AI cannot and does not undertake to review all material before it is posted on the Rebel AI Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Rebel AI assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Rebel AI has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9.          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:

10.        Copyright Infringement

If you believe that any User Contributions violate your copyright, please see Rebel AI’s Copyright Policy set forth below for instructions on sending Rebel AI a notice of copyright infringement. It is the policy of Rebel AI to terminate the user accounts of repeat infringers.

11.        Reliance on Information Posted

The information presented on or through the Rebel AI Platform is made available solely for general information purposes. Rebel AI does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Rebel AI disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Rebel AI Platform, or by anyone who may be informed of any of its contents.

The Rebel AI Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Rebel AI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Rebel AI. Rebel AI is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12.        Changes to the Rebel AI Platform

Rebel AI may update the content on the Rebel AI Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Rebel AI Platform may be out of date at any given time, and Rebel AI is under no obligation to update such material.

13.        Information About You and Your Visits to the Rebel AI Platform

All information Rebel AI collects on the Rebel AI Platform is subject to Rebel AI’s Privacy Policy. By using the Rebel AI Platform, you consent to all actions taken by Rebel AI with respect to your information in compliance with the Privacy Policy.

14.        Linking to the Rebel AI Platform and Social Media Features

You may link to Rebel AI’s homepage at www.rebelai.com, provided you do so in a way that is fair and legal and does not damage Rebel AI’s 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 Rebel AI’s part without Rebel AI’s express written consent.

The Rebel AI Platform may provide certain social media features that enable you to:

You may use these features solely as they are provided by Rebel AI, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Rebel AI provides 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 Content Standards set out in these Terms of Use.

You agree to cooperate with Rebel AI in causing any unauthorized framing or linking immediately to cease. Rebel AI reserves the right to withdraw linking permission without notice.

Rebel AI may disable all or any social media features and any links at any time without notice in Rebel AI’s discretion.

15.        Links from the Rebel AI Platform

If the Rebel AI Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Rebel AI has no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Rebel AI Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16.        Geographic Restrictions

The owner of the Rebel AI Platform, Rebel AI, is based in the state of Colorado in the United States. Rebel AI provides the Rebel AI Platform for use only by persons located in the United States. Rebel AI makes no claims that the Rebel AI Platform or any of its content is accessible or appropriate outside of the United States. Access to the Rebel AI Platform may not be legal by certain persons or in certain countries. If you access the Rebel AI Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are visiting the Rebel AI Platform or using the Services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting the Rebel AI Platform, using the Services, and/or communicating electronically with Rebel AI, You consent to such transfers. If you access the Rebel AI Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17.        Disclaimer of Warranties

You understand that Rebel AI cannot and does not guarantee or warrant that files available for downloading from the internet or the Rebel AI Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Rebel AI’s site for any reconstruction of any lost data. REBEL AI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE REBEL AI PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE REBEL AI PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE REBEL AI PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE REBEL AI PLATFORM IS AT YOUR OWN RISK. THE REBEL AI PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE REBEL AI PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER REBEL AI NOR ANY PERSON ASSOCIATED WITH REBEL AI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE REBEL AI PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER REBEL AI NOR ANYONE ASSOCIATED WITH REBEL AI REPRESENTS OR WARRANTS THAT THE REBEL AI PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE REBEL AI PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT REBEL AI’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE REBEL AI PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE REBEL AI PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

REBEL AI HEREBY DISCLAIMS 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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.        Limitation on Liability

IN NO EVENT WILL REBEL AI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS 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 REBEL AI PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE REBEL AI PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE REBEL AI PLATFORM OR SUCH OTHER WEBSITES, INCLUDING 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 NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19.        Indemnification

You agree to defend, indemnify and hold harmless Rebel AI, 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 claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Rebel AI Platform, including, but not limited to, your User Contributions, any use of the Rebel AI Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Rebel AI Platform.

20.        Governing Law and Jurisdiction

All matters relating to the Rebel AI Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Rebel AI Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although Rebel AI retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21.        Arbitration

At Rebel AI’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Rebel AI Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

22.        Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE REBEL AI PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23.        Waiver and Severability

No waiver by Rebel AI of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rebel AI to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

24.        Entire Agreement

The Terms of Use, Privacy Policy, and any other Terms of Service or other services agreement between You and Rebel AI, and any other documents referenced in the Terms of Use, constitute the sole and entire agreement between you and Rebel AI with respect to the Rebel AI Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Rebel AI Platform.

25.        Your Comments and Concerns

The Rebel AI Platform is operated by Rebel AI Inc..

All notices of copyright infringement claims should be sent to the copyright agent designated in Rebel AI’s Copyright Policy as set forth below in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Rebel AI Platform should be directed to: support@rebelai.com.

Copyright Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Rebel AI takes claims of copyright infringement seriously. Rebel AI will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Rebel AI Platform infringe your copyright, you may request removal of those materials (or access to them) from the Rebel AI Platform by submitting written notification to Rebel AI’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Rebel AI Platform, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow Rebel AI to locate that material.
  • Adequate information by which Rebel AI can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Rebel AI’s designated copyright agent to receive DMCA Notices is:

NAME:              DMCA Agent

                           Rebel AI Inc.

ADDRESS:       Rebel AI Inc.    

657 S Taylor Ave

Suite D-2

Louisville, CO 80027

EMAIL:              support@rebelai.com

PHONE:            (720) 588-8669

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Rebel AI Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Rebel AI Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Rebel AI (a “Counter-Notice”) by submitting written notification to Rebel AI’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which Rebel AI can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Rebel AI Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Rebel AI Platform with the complaint at issue.

The DMCA allows Rebel AI to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Rebel AI Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

It is Rebel AI’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

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