Terms of Use

1. Introduction

 

1.1. Obbo Pte Ltd (“OBBO”) maintains this website for the convenience of the public. By accessing and using this website and/or any content, services, features or tools made available by this website, you unconditionally agree to be bound by these terms of use, which may be updated and amended from time to time at OBBO’s sole and absolute discretion (these “Terms of Use”). All changes will be posted on this website and your use of this website after such changes have been posted will constitute your agreement to the modified Terms of Use. You should therefore read the Terms of Use carefully each time you visit this website. In these Terms of Use, the term “this website” means the site (www.obbo.sg), including the mobile application and merchant portal.

 

1.2. If you are using this website on behalf of any entity, you accept these terms on behalf of such entity and warrant that you are authorised to do so. All references in these Terms of Use to “you” or wording of similar meaning shall refer to the entity on whose behalf you have accepted these Terms of Use.

 

 

2. Age Restrictions

 

2.1. Except as stated in this Clause 2, you must be 18 years of age or older to use this website and the Content and/or to register for a User Account, and you warrant that you satisfy this age requirement and are lawfully able to accept these Terms of Use.

 

2.2. If you are less than 18 years of age, you must obtain your parent’s or legal guardian’s permission to use this website and/or the Content.

 

2.3. If you are the parent or legal guardian of a minor child who is less than 18 years of age, you may permit your child to use this website, the Content and/or your User Account in accordance with these Terms of Use. If you grant such permission to your child, OBBO shall consider all actions taken by your child to be actions taken by you, for which you shall be solely responsible. All Content submitted by your child shall be deemed to be submitted by you and you grant to OBBO, its successors-in-title and assigns a licence to such Content in accordance with Clause 9 of these Terms of Use.

 

 

3. Ownership of Website

 

3.1. This website is owned and operated by OBBO. All content displayed or made available on this website, including, without limitation, all text, data, graphics, images, illustrations, sounds, multimedia works, photographs and videos (the “Content”), is owned by, licensed to or controlled by OBBO and is protected by copyright, moral rights, trademark and other laws and/or international treaties for the protection of intellectual property.

 

3.2. Use of the Content is expressly prohibited except in accordance with these Terms of Use. Any contravention of these Terms of Use may result in severe civil and criminal penalties.

 

3.3. All software, including, without limitation, widgets, plug-ins and tools, and accompanying documentation made available on or from this website (collectively the “Software Tools”) and the source and object codes, format, directories, queries, algorithms, structure and organisation of such Software Tools are proprietary to OBBO and/or its suppliers. Ownership of intellectual property rights in and to the Software Tools is retained by OBBO and its suppliers and you only have a non-exclusive licence to use the same. The use of any such Software Tools may be subject to a licence granted by OBBO or the relevant copyright owner(s) which you are required to read and comply with.

 

3.4. The design and layout of this website are protected by intellectual property and other laws and shall not be copied, imitated or used in whole or in part without the prior written permission of OBBO or the respective rights owners.

 

3.5. All rights not expressly granted under these Terms of Use are reserved by OBBO and its licensors.

 

 

4. Symbols and Marks

 

4.1. A depiction of OBBO’s corporate logo (the “Symbols”), are protected by the Copyright Act (Cap 63, 2006 Rev Ed) (the “CA”), and any unauthorised use of the Symbols or representations closely resembling them are offences which may be punishable under the law.

 

4.2. Other marks, logos or branding of OBBO used on this website (the “Marks”) may be registered trademarks of OBBO. Other product and company names mentioned herein may also be the registered trademarks of their respective owners.

 

4.3. OBBO’s name, the Symbols, Marks and other marks and names displayed or used on this website may not be copied, imitated or used in whole or in part without the prior written permission of OBBO or the respective rights owners. OBBO and/or the relevant proprietors will not hesitate to take action against any unauthorised usage of OBBO’s name, the Symbols, Marks and other marks and names referred to herein.

 

 

5. Use of the Website

 

5.1 You shall not do or permit any other party to do any of the following in respect of this website:

 

(a) Download, copy, modify, host, stream, sublicense, or resell any or all of this website or Content except as otherwise expressly allowed in these Terms of Use.

 

(b) Use any data mining, robots or data gathering, data monitoring or data extraction methods or otherwise take any action that imposes a disproportionately large or unreasonable load on OBBO’s servers.

 

(c) Reverse engineer any part of this website or Content.

 

(d) Manipulate or otherwise display this website or any Content by using framing or similar navigational technology.

 

(e) Attempt to disable, impair, or destroy this website or Content or submit, upload or transmit any content which contains any virus or other malicious, destructive or corrupting code, programme or macro.

(f) Register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe yourself or any party for any Content or other product or service offered on this website if you are not expressly eligible or authorized by such party to do so.

 

(g) Circumvent, disable or otherwise interfere with any access or use restrictions or security features of this website or any resources, services or networks connected to or accessible through this website.

 

(h) Enable or allow others to use your User Account or Registration Data (defined in Clause 6.

 

(i) Impersonate any party or otherwise misrepresent your affiliation with or authorisation by any party.

 

(j) Access or attempt to access this website or Content by any means other than the interfaces or Software Tools provided or authorized by OBBO.

 

(k) Violate or attempt to violate any applicable law, third party rights (including, without limitation, intellectual property rights, moral rights and right to privacy) or industry codes.

6. User Account

 

6.1. Certain Content and Software Tools are only accessible with a user account (the “User Account”). If you apply for a User Account, you agree to: (a) provide accurate, current and complete information about you as may be required by OBBO (the "Registration Data"); (b) maintain and promptly update the Registration Data to keep it accurate, current and complete; (c) be solely responsible for maintaining the security of your account information; and (d) accept responsibility for any and all activities that occur under your User Account. OBBO is entitled to treat all activities that occur under your User Account as having been conducted with your knowledge and authority.

 

6.2. OBBO reserves the right, without prior notice and without liability to any party, to reject your application for a User Account without having to provide you with any reason for such rejection, and/or to limit, suspend, deactivate or terminate your User Account or any of your rights as a User Account holder if you are in breach of these Terms of Use or otherwise in OBBO’s sole and absolute discretion at any time and without assigning any reason.

 

7. Use of Content

 

7.1. Subject to these Terms of Use and the applicable Specific Terms (defined below), if any, OBBO grants you a revocable, non-exclusive, non-sub-licensable, non-transferable licence to use the Content without geographical restriction or end date. This licence is royalty-free, meaning you need not pay OBBO or its suppliers to use the Content.

 

7.2. In relation to the Content, the term “use” means the reproduction, modification, editing, performance, display, broadcast, publication and distribution.

 

7.3. Some Content may be subject to additional or specific terms and conditions displayed elsewhere on this website (the “Specific Terms”). Specific Terms may restrict your use of the Content. If you intend to use such Content, you must comply with the applicable Specific Terms. These and the Specific Terms may be updated and amended from time to time at OBBO’s sole and absolute discretion. All changes will be posted on this website and your use of this website and/or the Content after such changes have been posted will constitute your agreement to the modified Specific Terms. If there is any conflict or inconsistency between these Terms of Use and the Specific Terms, the Specific Terms shall prevail. All references herein to “Terms of Use” shall be construed as a reference to the Terms of Use, subject to the Specific Terms.

 

7.4. The Content which is available to you for access and use depends on the category of User Account you have signed up for. You will not have the right to access or use Content that is not available to your User Account category.

 

7.5. Any violation of these Terms of Use shall automatically revoke the licence granted to you under this Clause 7 with immediate effect and you shall immediately and at your own cost and expense: (a) cease using all Content, (b) delete or destroy any copies of all Content in your possession or under your control, and (c) if required by OBBO, confirm in writing that you have complied with these requirements. Failure to comply with such obligation may result in severe civil or criminal penalties.

 

7.6. OBBO reserves the right to revoke or discontinue the licensing of any Content at any time at its sole and absolute discretion without prior notice and without liability to any party and without assigning any reason. In the event of the revocation or discontinuation of the licensing of any item of Content, you shall immediately at your own cost and expense: (a) cease using the relevant item of Content, (b) delete or destroy any copies of the relevant item of Content in your possession or under your control, and (c) if required by OBBO, confirm in writing that you have complied with these requirements. Failure to comply with such obligation may result in severe civil or criminal penalties.

 

7.7. You may allow sub-contractors or service providers to use the Content on your behalf, provided that you ensure their use of the Content does not violate these Terms of Use. You accept liability for any such violation by your sub-contractors and service providers as though you yourself committed those violations.

 

7.8. Notwithstanding any provision of these Terms of Use, if, as a result of your use of the Content, any fee shall become due and payable to the relevant performing, mechanical, or other rights society or societies that collects and administers royalty payments or similar remuneration on behalf of music publishers, writers and performers anywhere in the world (collectively the “Collection Societies”), you shall be solely responsible for paying such fees to the relevant Collection Societies.

8. Restrictions on Use of Content

 

8.1. You shall not do or permit any other party to do any of the following in respect of any Content:

 

(a) Use the Content in any manner which (1) is defamatory, libelous or slanderous, inflammatory or threatening, obscene, indecent, pornographic or profane, fraudulent, intentionally misleading or intentionally erroneous, or (2) is in violation of any applicable law, third party rights (including, without limitation, intellectual property rights, moral rights and right to privacy) or industry codes or (3) will subject or be likely to subject OBBO to any form of liability.

 

(b) Use the Content in or on any website, online platform, publication or object of any kind (including, without limitation, any book, magazine or periodical, any sound recording or film, any picture, drawing or photograph and any merchandise) which embodies in whole or in part matter which is defamatory, libelous or slanderous, inflammatory or threatening, obscene, indecent, pornographic or profane, fraudulent, intentionally misleading or intentionally erroneous.

 

(c) Use the Content in any manner prejudicial to the interests of OBBO or its suppliers or the interests of Singapore.

 

(d) Manipulate, modify, process or otherwise use the Content in any manner that may distort the contextual integrity of the Content.

 

(e) Sell, licence, share, distribute or deal with, whether commercially or otherwise, the Content as a standalone file or as part of a database or other product or service which invites others to download, extract, or redistribute content as a standalone file or an electronic template.

 

(f) Falsely attribute the authorship of the Content.

 

(g) Use the Content as part of a trademark, design mark, tradename, business name, service mark, or logo.

 

8.2. Any doubt or disagreement as to whether any provision of Clause 8.1 has been violated shall be resolved by OBBO whose decision shall be final.

 

9. Submission of Content

 

9.1. Your User Account may allow you to submit Content to this website for access and use by others.

 

9.2. If you submit any Content to this website, you irrevocably and unconditionally grant to OBBO, its successors-in-title and assigns, a non-exclusive, non-terminable, fully sub-licensable, fully transferable, royalty-free licence to use the Content without geographical restriction or expiry date in any and all media now in existence or which may be developed in the future for an unlimited number of times and without any expiration or end date for the following purposes:

 

(a) To make available the Content on this website or anywhere else from time to time for access and use by third parties for any purposes whatsoever, whether commercial or non-commercial, subject to these Terms of Use or such other terms as OBBO may deem fit to impose from time to time.

 

(b) To market and promote the Content to third parties.

 

9.3. The term “use” in Clause 9.2 means all manner of use of the Content, including, without limitation, the reproduction, performance, display, broadcast, publication, distribution, synchronisation, modification, adaptation, editing, translation, creation of derivative works and incorporation in or with any other works.

 

9.4. If you submit any Content to this website, you irrevocably and unconditionally grant to OBBO, its successors-in-title and assigns and all its and their sub-licensees the right to use the name(s), likeness, image(s), characterisation and biographical content provided by you, and your registered and unregistered trademarks, to identify you and allow third parties to identify you as the source of such Content or for any other purposes which OBBO may deem fit from time to time. Without prejudice to the generality of the foregoing, OBBO may use such name(s), likeness, image(s), characterisation and biographical content and trademarks, in print and for and on any page on websites owned or controlled by OBBO, including, without limitation, OBBO’s social media platforms, including, without limitation, Facebook and Instagram, software applications made available by OBBO, and third party websites and third party applications, whether as individual or collective works or in combination with other works of OBBO or third parties. However, you acknowledge and accept that neither OBBO nor any other party shall be obliged to credit you when using such name(s), likeness, image(s), characterisation and biographical content or trademarks or credit you as the source of any Content and shall have no liability for any failure to give such credit.

 

9.5. OBBO reserves the right without prior notice or liability to remove any Content you have submitted in whole or in part, to restrict the access of other users of this website to such Content, or to require you to make changes to such Content in OBBO’s sole and absolute discretion at any time and without assigning any reason.

 

9.6. OBBO may allow sub-contractors or service providers to use the Content on its behalf, provided OBBO ensures that their use of the Content does not violate these Terms of Use and accepts liability for any such violation by its sub-contractors and service providers.

 

9.7. You hereby waive, and confirm that all relevant authors have waived, all moral rights which subsist in respect of the Content you have submitted and, so far as is legally possible, any broadly equivalent rights as may exist in any territory of the world. If no such waiver is permitted under any applicable law, you agree that you shall not enforce, and will procure that all relevant authors do not enforce, such rights against OBBO or its licensees of the Content.

 

9.8. Notwithstanding any provision of these Terms of Use, you acknowledge and accept that OBBO is not responsible for any consequences of your supply of Content to this website. Content may be used in connection with sensitive topics and/or may be used in ways that may be controversial or unflattering or in violation of the terms of use imposed by OBBO. OBBO takes no responsibility and assumes no liability to you or any person claiming through you for the manner of use of Content by third parties, including, without limitation, any licensees of OBBO. You hereby waive the right to object to any use or of the Content by third parties.

 

9.9. You agree that OBBO shall have the right to decide whether and to what extent to proceed against a licensee or other third party (an “Infringer”) for any violation of these Terms of Use or any of your other rights. You hereby release OBBO from any and all claims you may have arising out of or in connection with a decision by OBBO whether to proceed or not against an Infringer in any instance or the conduct or outcome of such proceedings. You agree that any monetary award which OBBO may recover as a result of any such proceedings against an Infringer may be retained in its entirety by OBBO. Nothing in these Terms of Use shall prevent you from taking action against an Infringer at your own cost and expense to enforce your rights against the Infringer.

9.10. All intellectual property rights in the Content supplied by you shall be retained by you and no intellectual property rights in the Content supplied by you shall be transferred or granted in any way to OBBO or any third party except as provided in this Clause 9.

 

9.11. By submitting any Content to this website, you represent and warrant that:

 

(a) All of the Content are original works and have not been copied wholly or substantially from any other source.

 

(b) You are the sole legal and beneficial owner of all right, title and interest in and to the Content and/or have all the right, power and authority and all the necessary consents, waivers and releases to grant the licences set forth in this Clause 9.

 

(c) To the best of your knowledge and belief, the Content is not defamatory, libelous or slanderous, inflammatory or threatening, obscene, indecent, pornographic or profane, fraudulent, misleading or intentionally erroneous, or in violation of any applicable law, third party rights or industry codes.

 

(d) The use of the Content according to this Clause 9 of these Terms of Use by OBBO and its licensees does not and will not violate any third-party rights (including, without limitation, intellectual property rights, moral rights and right to privacy) or cause injury to any person or entity or subject OBBO or its licensees to any civil or criminal liability.

 

(e) You have not granted, and shall not grant, any rights or enter into any agreements that prevent or limit the use of the Content according to this Clause 9 of these Terms of Use by OBBO and its licensees.

 

(f) The Content is not subject to any obligation of confidence and OBBO may freely disclose such Content to third parties.

 

(g) No Content shall contain any mechanism or feature designed to prevent its use, copying or enjoyment in the manner contemplated in these Terms of Use.

 

(h) The Content shall be free of any virus or other malicious, destructive or corrupting code, programme or macro that may be used to disable, impair, or destroy this website or Content.

(i) The Content has not been obtained in any unlawful manner, whether civil or criminal.

 

9.12. By submitting any Content to OBBO’s website, you agree to maintain and promptly update such Content to keep such Content accurate, current and complete.

 

10. Disclaimer

 

10.1 OBBO provides this website, the Content and the Software Tools on an “as is, where is” and “as available” basis without warranty of any kind whatsoever. To the fullest extent permitted by law, OBBO hereby disclaims any and all warranties, express or implied, including, without limitation, any warranties of accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability, quality, and fitness for any particular purpose of the Content or Software Tools and any warranties that this website or the Content or Software Tools will be constantly available, uninterrupted, secure, free of viruses, worms, defects, trojan horses, malware and other malicious, destructive or corrupting code, programme or macro, free or errors or defects or that any errors or defects will be corrected. OBBO shall not be responsible or liable for any error, delay, or interruption in the operation or performance of this website or any Software Tools. OBBO does not guarantee that this website or any Content or Software Tools will operate or function on or with any electronic device(s) or operating system. Your use of this website, the Content and the Software Tools is voluntary and is wholly at your own risk.

 

10.2. Any reference made in this website (including by way of hyperlinking) to any entities or individuals, or to their services or products, is not an endorsement, sponsorship or recommendation thereof nor should it be construed as such. It is recommended that you verify any information in the Content with the relevant supplier before you rely on such information.

 

10.3. In no event shall OBBO be liable for any loss or damage of any kind, howsoever caused, even if OBBO has been advised of the possibility of such loss or damage, including, without limitation, direct, indirect, incidental, special or consequential loss or damage, loss of use, loss of data, loss of goodwill or loss of profits, whether in an action of contract, negligence, tortious action or any other theory of liability, arising (whether directly or indirectly) from (a) the use of this website or any Content or Software Tool by any party; (b) the unavailability, delay or failure in operation or performance of this website or any Content or Software Tool; (c) any errors, omissions, obscenities, or infringing, offensive, unlawful or defamatory information and material in the Content; or (d) any other party’s violation of these Terms of Use.

 

10.4. You acknowledge and agree that the Content may be submitted by other users of this website, which may be subject to change or removal by such users from time to time without prior notice to you. Further, OBBO reserves the right to remove, screen or edit Content at any time at its sole and absolute discretion without prior notice and without liability to any party and without assigning any reason. However, OBBO has no obligation to do so and all screening of Content by OBBO is done only as a courtesy to users.

 

10.5. OBBO shall have no liability or responsibility to review or monitor the Content submitted to this website. However, OBBO reserves the right to monitor the activity under User Accounts and the access, download and use of Content submitted under User Accounts.

 

10.6. OBBO takes no responsibility and assumes no liability for any consequences of your use or submission of Content, including, without limitation, any distress caused to you or others by the Content, any third-party claims arising from your use or submission of Content or any loss of Content removed by OBBO from this website. You are advised to retain your own copies of all Content you submit to this website.

 

10.7. To the fullest extent permitted by law, the OBBO’s total liability in any matter arising out of or related to these Terms of Use is limited to Singapore Dollars Fifty (S$50) only. This limitation will apply even if OBBO has been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.

11. Third-Party Sites and Web Feeds

 

11.1. The links in this website may allow you to leave this website to third-party sites. This website may also feature web feeds with Content from third-party sites or make available third-party Software Tools for your access and use. Certain functionality or services available on this website may be provided by third party vendors. However, when you use this website, it may not always be readily apparent when that a particular item of Content or a particular functionality or service on this website is provided by a third party.

 

11.2. All third party linked sites, web feeds, Software Tools, functionality and services are not under the control of OBBO. OBBO is not responsible for them or for any changes or updates thereto and provides no warranty in relation to them. OBBO shall not be liable for any losses, damages, costs and expenses suffered or incurred by you from the access to, use of or reliance on any third party linked sites, web feeds, Software Tools, functionality or services, including, without limitation, any booking of services or products through third party websites or reliance on navigational and search functionalities provided by third party Software Tools. Use of and access to third party linked sites, web feeds, Software Tools, functionality and services are entirely at your own risk. OBBO is only providing these as a matter of convenience to the users and is not to be implied as an endorsement of any third party or its products or services.

 

11.3. Access to and use of third party linked sites, web feeds, Software Tools, functionality and services may be subject to additional terms and conditions imposed by the respective third-party vendors and you agree to be bound by and to comply with these terms and conditions.

 

11.4. Similarly, third party web sites may also link to this website. Such links do not necessarily mean that OBBO is associated or affiliated with or approves of the third party or its goods and services. Your reliance on any third-party statements of association or affiliation with OBBO or OBBO’s approval is at your own risk.

 

11.5. You may be asked by a third-party site to link your profile on this website to a profile on another third-party site, or to log in to another third-party site to link your profile on that third- party site to the websites. Choosing to do so is entirely at your discretion and OBBO shall not be liable in any way for anything which may arise by reason or in connection with your linking of your profile.

12. Indemnity

 

12.1. You agree to indemnify, defend and hold harmless OBBO and its licensees from and against any and all loss, damage, costs, expenses, liabilities and claims arising out of or in connection with the Content which you submit, your use of this website or any Content or any Software Tools, your violation of these Terms of Use, or your breach of any warranty under these Terms of Use or any claim by a third party that any of the Content submitted by you infringes any copyright, trademarks, intellectual property or other rights of a third party.

13. OBBO’s Rights

 

13.1. OBBO reserves the right to modify, revise, amend or supplement these Terms of Use or any part thereof from time to time at its sole and absolute discretion without prior notice. Your continued use of this website and any Content and/or Software Tools signifies your acceptance of the latest version of the Terms of Use in force at the time of your use.

 

13.2. OBBO reserves the right to suspend or cease operation of this website in whole or in part, to modify, withdraw or discontinue any functionality of this website or any Content or any Software Tool, to adjust the scope of Content or Software Tools available to you, and to deny or restrict or revoke access to this website or any Content or Software Tool, or any part thereof, to any particular person or persons, or to block access from a particular Internet address to this website at any time, at its sole and absolute discretion without prior notice and without liability to any party, without assigning any reason.

 

14. Privacy Statement

 

14.1. OBBO’s privacy statement shall apply to all services, technology and applications available on this website. By using and accessing the services, technology and applications, you hereby agree to be bound by OBBO’s privacy statement.

15. Governing Law

 

15.1. This website (excluding third-party linked sites, third party content and Software Tools) is operated by the OBBO from its offices within Singapore and elsewhere around the world. It can be accessed from all countries around the world where the technology permits. However, by accessing this website, you agree that all access and use of this website and the Content, and the Terms of Use shall be governed by, and construed in accordance with, the laws of the Republic of Singapore. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

 

16. No Assignment

 

16.1. All rights and licences granted to you under these Terms of Use are personal to you and are binding upon your heirs, executors and legal representatives, as the case may be. You may not assign any such rights and licences or transfer or delegate any obligations imposed by these Terms of Use without OBBO’s prior written consent. OBBO may assign or transfer its rights and obligations under these Terms of Use to any other party without your consent at any time without prior notice.

17. Injunctive Relief

 

17.1. You acknowledge that a violation or attempted violation of any of these Terms of Use will cause OBBO irreparable damage, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that OBBO shall be entitled as a matter of right to an injunction (including a temporary injunction) issued by any court of competent jurisdiction, restraining any violation or attempted violation of these Terms of Use by you or your agents as well as recover from you any and all costs and expenses sustained or incurred by OBBO in obtaining such an injunction, including, without limitation, all legal fees and expenses.

 

18. General

 

18.1. These Terms of Use constitute the entire agreement between you and OBBO and supercede any prior agreements.

 

18.2. No amendment of these Terms of Use by you shall be binding unless it was made in writing and signed by you and OBBO.

 

18.3. OBBO’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

 

18.4. The invalidity, illegality or unenforceability of any part of these Terms of Use shall not affect the validity, legality and enforceability of the other parts of these Terms of Use.

 

18.5. Nothing in this agreement creates a joint venture, partnership, relationship of employment or agency between you and OBBO. You do not have authority to contract on behalf of or bind OBBO.

 

18.6. The rights and remedies under these Terms of Use are cumulative and not exclusive of any other right or remedy provided by law or equity.

 

18.7. The provisions of these Terms of Use shall ensure to the benefit of OBBO’s successors and assigns and they shall have the right to enforce these Terms of Use. No other third party shall have any right to enforce any of these provisions under the Contracts (Right of Third Party) Act (Cap.53B) or any other theory of law.

 

18.8. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect the provisions herein.

 

18.9. In the event of any inconsistencies or discrepancies between the English version and other translated versions of this Terms of Use, the English version shall prevail.

Last updated on 25 May 2018

 

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