Terms of service
Effective: 1 October 2025
BACKGROUND
(A) These terms govern your use of the evephoto.io platform. By using our services, you agree to these Terms.
(B) If you're buying or selling on behalf of someone else, you must have authority to bind them to these Terms.
(C) Please read these Terms carefully. They cover important information about the Services offered to you and the terms and conditions of sale for your transaction/s.
(D) By accessing or using our Services in any way, you agree to these Terms.
DEFINITIONS
Business Day means a day other than a Saturday, Sunday or public holiday.
Buyer means any User who purchases an Item through the Services.
Content means all information, data, text, images, audio, video, graphics, designs, logos, trademarks, service marks, trade names and other materials available on or through the Services.
Currency means US dollars (USD) unless otherwise expressly stated.
Eve Vendor Briefings means the policies, procedures and guidance documents issued by evephoto.io to Vendors from time to time, as updated or amended.
Evephoto.io Sale means a sale in which evephoto.io itself is expressly identified as the Seller of an Item.
Item means any artwork, book or other product listed for sale through the Services.
Platform means the online marketplace operated by evephoto.io, including the website at www.evephoto.io, any related domains and any associated mobile applications and digital interfaces.
Purchase Price means the total price payable by the Buyer for an Item, including the Item price, any artist resale royalty, shipping, packing and insurance costs, applicable taxes and other charges shown at checkout.
Seller means any User listing or selling an Item through the Services and includes evephoto.io where it is expressly identified as the Seller in an Evephoto.io Sale.
Services means the evephoto.io sites, mobile applications, marketplace and all related services provided by evephoto.io
Shipping Costs means all fees, charges and expenses associated with the transportation and delivery of Items including packaging materials and preparation; professional packing services; freight, courier and postal charges; transit insurance premiums; tracking and delivery confirmation services. Shipping Costs may vary based on Seller, Item size, weight, value, destination, delivery speed and selected insurance coverage.
Transaction Taxes means any applicable sales tax, use tax, value-added tax (VAT), goods and services tax (GST), digital services tax or other consumption or transaction-based taxes arising in connection with a Purchase Price.
User means any person or entity who accesses or uses the Services.
Vendor means a business (including publishers, galleries or other professional sellers) which lists Items on the Platform and is bound by the Vendor Addendum and the Eve Vendor Briefings.
OPERATIVE PROVISIONS
1. The evephoto.io marketplace
1.1 Role of evephoto.io
(a) evephoto.io operates a marketplace platform providing tools and services for Users to:
(i) List, market and sell items
(ii) Browse, search and buy items
(iii) Communicate with other users
(iv) Process payments securely
(v) Arrange shipping and delivery
(vi) Access informational (only) pricing guidance and market insights.
(b) We act as an intermediary platform, not as a party to transactions between buyers and sellers. Buyers and sellers are independent parties acting on their own behalf and are solely responsible for their transactions. We are not the agent, fiduciary or representative of any Buyer or Seller.
(c) We may facilitate transactions by providing:
(i) Communication tools between buyers and sellers
(ii) Secure payment processing services
(iii) Transaction documentation and records
(iv) Market data and analytics (informational only).
(d) On occasion, evephoto.io itself may sell Items through the Services (Evephoto.io Sale e.g. gift cards), in which case we will expressly identify ourselves as the Seller of the Services.
(e) Any information, estimates, condition reports or statements provided about Items are based on information supplied by Sellers and represent an opinion, not guarantees of fact.
(f) We maintain the right to operate and modify our platform, including the right to:
(i) Update features, design and functionality
(ii) Add or remove services
(iii) Set operational standards and policies
(iv) Manage user access and accounts
(v) Ensure platform security and integrity.
(g) We do not manufacture, inspect, store or take physical possession of Items unless specifically set out in writing for particular services.
2. Using evephoto.io’s Services.
2.1 Eligibility and Account Requirements
To use our services, Users must:
(a) be at least 18 years old and able to enter binding contracts
(b) if you're a business, be properly registered and in good standing
(c) have authority to bind any third party you represent
(d) meet any additional requirements we specify for particular services.
2.2 Your Account Responsibilities
Users must:
(a) keep your account information accurate and up to date
(b) maintain the security of your login details
(c) notify us immediately of any unauthorized access
(d) not share, transfer or sell your account
(e) be responsible for all activity on your account.
2.3 Legal Compliance
Users agree to:
(a) comply with all applicable laws and regulations
(b) not be subject to Australian government sanctions
(c) not use our services to deal with individuals or entities subject to sanctions
(d) comply with anti-money laundering laws
(e) respect intellectual property and privacy rights
(f) provide accurate information for identity verification when required
2.4 Using the Marketplace
When buying or selling, Users must:
(a) have proper rights to sell any items you list
(b) provide accurate descriptions and information about items
(c) complete transactions promptly once confirmed
(d) cooperate reasonably to arrange payment, shipping and delivery
(e) communicate respectfully with other users
(f) not manipulate prices or interfere with other Users' transactions
2.5 Prohibited Conduct
Users must not:
(a) provide false, misleading or inappropriate content about yourself or items
(b) misrepresent your identity or relationship with artists, galleries or others
(c) circumvent our security measures or access restricted areas
(d) use automated systems, scraping tools or AI to access our services
(e) copy, modify or distribute our content without permission
(f) collect other users' information without consent
(g) interfere with the normal operation of our services
(h) engage in conduct that undermines our marketplace
2.6 Our Rights and Enforcement
We may:
(a) monitor activity on our platform for compliance and safety
(b) investigate suspected violations of these terms
(c) suspend, limit or terminate accounts that violate these terms
(d) remove or hide listings and content that breach our policies
(e) cancel transactions where appropriate
(f) report illegal activity to law enforcement
(g) close inactive accounts
(h) require you to change passwords or verify your account.
2.7 Reporting Violations
We provide processes for Users to report violations of these terms. We handle reports at our discretion and may take various enforcement actions as we consider appropriate.
2.8 Information Sharing
We may share User information with law enforcement, regulators, payment processors and other third parties when required by law to ensure platform security or to facilitate transactions.
3. Content on Eve
3.1 Content
(a) Content covering a wide range of art and subject matter may be available through the Services. Content may include:
(i) information, messages, data, images, illustrations, posts, reports, articles, text, files, links, designs, graphics, descriptions, audio, videos, books and other materials;
(ii) the registered and unregistered trademarks, logos, trade names, trade dress, service marks, trade identities, and other distinctive brand features of various parties (collectively, Marks); and
(iii) other forms of intellectual property.
(b) You may access and view available Content solely for your own personal, non-commercial use in accordance with the normal functionality and restrictions of our Services. Some Services may enable you to post, embed or transmit Content in a way that will be accessible to others on our platform or in other locations online (such as other websites and social media services).
(c) The availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such Content in any other way. Nothing in the Agreement may be construed as granting, by implication or otherwise, any license or right to use any mark displayed on the platform without the express written permission of evephoto.io or the applicable third party rights holder.
(d) Our marketplace features diverse artistic content that may include nudity, contemporary themes, and material some users may find confronting. This reflects the nature of art across different cultures and historical periods.
(e) If you're supervising children using our services, please consider what content is appropriate for them and monitor their browsing accordingly.
(f) We maintain content standards for our platform and may remove, edit or decline to display any content that doesn't meet these standards.
(g) evephoto.io reserves the right to refuse, correct or amend any content from Sellers for any reason.
3.2 evephoto.io's Content and Third Party Content
(a) We own our platform, including its design, features, functionality and how content is organized and presented. Third-party licensors own content they provide to us.
(b) Third-party trademarks, logos and brands displayed on our platform remain owned by their respective owners. You don't gain any ownership rights to our platform or others' content by using our services.
(c) Unless agreed previously in writing, you cannot use our name, logos or branding in ways that:
(i) Suggest we endorse or are affiliated with you
(ii) Create confusion about our relationship
(iii) Imply we sponsor your activities
(d) Any use of our branding for legitimate business purposes (such as stating you sell through our platform) must be factual and not misleading.
4. Third Party Services
(a) We may recommend or otherwise make available third-party websites, content, products, software or services (Third Party Service(s)) through the Services, including through links, plug-ins and extensions. Some of our Services may require that you use Third Party services (for example, payment processors or identity verification services).
(b) Your use of any Third Party service and any exchange of data between you and a Third Party service is solely between you and the applicable third party and is at your sole risk. You are responsible for reviewing and complying with eligibility requirements, registration and the Third Party service provider’s terms and policies before accessing or using the Third Party service.
(c) Certain software used in our Services may be offered under an open-source license that we will make available to you. The open-source license may contain provisions that override portions of this Agreement as it relates to the use of that software.
5. Buying on evephoto.io
5.1 Your buying responsibilities
When you purchase an Item you must:
(a) review all available information about the item before buying
(b) pay the Purchase Price at checkout
(c) provide all information needed to complete the transaction and Item shipping.
5.2 Item information and inspection
(a) You're responsible for reviewing item descriptions and images before purchasing
(b) Unless specifically stated, we don't guarantee that certificates of authenticity are available.
5.3 Purchase Price
(a) The Purchase Price of an Item is shown at checkout and includes:
(i) The item price
(ii) Any applicable artist resale royalty
(iii) Packing, shipping and shipping insurance costs
(iv) Any applicable VAT, sales or use taxes.
For international purchases, you may need to pay customs duties or import fees. These are not included in the Purchase Price and are the sole responsibility of the Buyer.
5.4 Payment and Completion
(a) We accept credit cards and other payment methods we specify
(b) All purchases are final, subject to our returns policy and your consumer rights.
6. Payment and delivery
6.1 How payment works
(a) Payment is processed by credit card when you complete your purchase at checkout.
(b) Buyers acknowledge that, as many Items on the platform are limited editions, the sale contract is formed when we email order confirmation to the Buyer (after the Vendor confirms Item availability with evephoto.io)
(c) All prices are in US dollars unless otherwise stated
(d) We may set transaction limits for security purposes.
6.2 When You Own the Item
(a) Legal title passes to you when payment is successfully captured, which occurs immediately after the order confirmation email is sent to the Buyer
(b) Risk of loss or damage passes to you when the item is delivered to you or your nominated agent
(c) You cannot resell an Item until you have full legal ownership and physical possession of that Item.
7. Shipping
7.1 Who handles Shipping
(a) Sellers arrange shipping of Items in accordance with the address and delivery details provided by the Buyer.
7.2 Shipping costs
(a) Buyers pay all Shipping Costs unless otherwise agreed in writing
(b) Buyers must provide accurate delivery address and instructions at checkout.
7.3 International Shipping
(a) Buyers are solely responsible for customs duties, import taxes and required permits in the location of purchase. These costs aren't included in the Purchase Price.
(b) Buyers acknowledge that Items may be inspected by customs authorities.
(c) Both Buyers and Sellers must comply with sanctions and import/export laws.
8. Returns + Refunds
8.1 Order Cancellation
(a) Buyers may cancel orders before the order confirmation email is sent to the Buyer by completing our Cancellation/Return Form or emailing eve@evephoto.io.
(b) All cancellation requests must include your order number.
8.2 Return Authorization Process
(a) To protect our independent gallery/publisher partners and ensure proper handling, Buyers must complete our Cancellation/Return Form or email eve@evephoto.io within 14 days of delivery.
(b) All return requests must include:
(i) Order number and reason for return
(ii) Photographs (if claiming damage or defect)
(iii) Preferred resolution
(c) Buyers must wait for our email approval before returning any Items.
(d) We will respond within 2 business days with return instructions and authorization number.
(e) Items must be packaged securely with return authorization number clearly visible.
(f) Return shipping must be via tracked, insured service. This is at the Buyer's expense (except for damage or defect claims covered under subclauses 8.3/8.4).
8.3 Accepted Returns - Artworks + non-book items
Within 14 days of delivery, we accept returns for artworks and non-book items due to:
(a) Damage in transit
(b) Production defects
(c) Change of mind (item must remain in original condition)
(d) Provided Item remains in original packaging.
8.4 Accepted Returns - Photobooks and other publications
Within 14 days of delivery, we accept returns for photobooks and other publications provided:
(a) Original sealed plastic shrink-wrap remains unopened (following publishing standards to preserve collectible value)
(b) Item is returned for damage in transit, production defects or change of mind
(c) Item remains in original packaging.
8.5 Returns We Do Not Accept
We cannot accept returns for:
(a) Items returned without our email authorization
(b) Opened or unsealed books/publications (unless defective)
(c) Personalized or custom-made items
(d) Items not in original packaging
(e) Items damaged after delivery
8.6 Refund Processing
(a) Refunds are processed within 5 business days of Vendor receipt of returned items.
(b) For change-of-mind returns, original shipping costs are deducted from the refund amount.
(c) For damage or defect claims, full refund including return shipping costs will be provided.
(d) Refunds are processed to the original payment method.
(e) Buyers acknowledge that refunds may take 5-10 business days to appear in their account depending on their financial institution.
8.7 Eve Quality Guarantee
(a) Every item in the eve marketplace meets professional standards for authenticity, condition and presentation.
(b) Our return authorization process ensures continued offering of authenticated, quality works while supporting the independent galleries and publishers with whom we work.
9. Dispute resolution
9.1 Our Commitment to Fair Resolution
We're committed to resolving disputes fairly and efficiently. Most issues can be resolved quickly through direct communication.
9.2 Dispute Categories and Specific Processes
Transaction Disputes:
(a) We may facilitate communication between Buyer and Seller using the process below
(b) We may hold payments during investigation
(c) Final resolution remains between Buyer and Seller
(d) We may remove Users who repeatedly cause disputes.
Platform Service Disputes:
(e) Follow standard escalation process below
(f) Service credits or refunds may be offered at our discretion
(g) Account suspension disputes follow our appeals process.
9.3 Contact
(a) For any dispute, complaint, or concern, contact us first at eve@evephoto.io with:
(i) Order number (if applicable)
(ii) Clear description of the issue
(iii) What outcome you're seeking
(b) We'll acknowledge your complaint within 2 business days
(c) We aim to resolve most issues within 10 business days.
9.4 Escalated Internal Review
(a) If you're not satisfied with our initial response:
(i) Request an escalated review by emailing "ESCALATED DISPUTE" to eve@evephoto.io
(ii) A senior team member will review your case within 5 business days
(iii) We'll provide a final written response with our decision and reasoning.
9.5 Formal Legal Proceedings
(a) Any legal proceedings must be commenced in the courts of New South Wales, Australia
(b) We may agree to alternative dispute resolution if both parties consent in writing after the dispute arises
(c) For claims under AUD $10,000, small claims procedures apply where available.
9.6 International Considerations
(a) NSW courts have jurisdiction regardless of your location
(b) We'll recognise and comply with mandatory consumer protections in your jurisdiction
(c) We can arrange translation services for formal proceedings at the requesting party's cost
(d) All deadlines reference Australian Eastern Time unless specified otherwise
9.7 What We Don't Handle
(a) We cannot resolve:
(i) Disputes between Users about matters unrelated to our platform
(ii) General complaints about user behaviour outside our Services
(iii) Issues with third-party services (payment processors, shipping companies), though we may assist with communication.
9.8 Enforcement and Collection
(a) If you owe money following dispute resolution:
(i) We may use collection agencies or legal proceedings
(ii) You're responsible for reasonable collection costs including legal fees
(b) We may set off amounts owed against future payments to you.
9.9 No Class Action Waiver
(a) We don't restrict your right to participate in class actions where permitted by law.
9.10 Confidentiality
(a) Dispute resolution communications remain confidential except where:
(i) Required for legal proceedings
(ii) Necessary for enforcement
(iii) Required by law or regulation
10. Warranties
10.1 Seller Warranties
(a) When selling Items, Sellers warrant that:
(i) They own the item or have proper authority to sell it
(ii) The item will be delivered free from any claims, liens or legal issues
(iii) All descriptions and information about the item are accurate
(iv) The item is authentic to the best of their knowledge
(v) Any import/export has been done lawfully
(vi) They will immediately notify us of any issues that might affect these warranties.
10.2 Authenticity Warranty (Artworks Only)
(a) For items with attributed authorship, sellers warrant authenticity for 12 months from delivery
(b) This warranty covers items where authorship is specifically claimed in the listing
(c) The warranty doesn't apply if:
(i) The listing reflected scholarly uncertainty about authorship
(ii) New scientific methods later disprove authorship (if those methods weren't available at sale time)
(iii) The item has since been sold to someone else.
(d) If authenticity is disputed:
(i) Buyers must notify the Seller within the warranty period
(ii) For claims occurring over 6 months after delivery, expert opinions may be required
(iii) Costs of expert opinions are shared between Buyer and Seller initially
(iv) If the item proves inauthentic, the Seller agrees to cover all reasonable costs arising under this clause and in relation to refund/return.
(e) Warranty disputes follow our Dispute Resolution process.
10.3 Our Platform Warranty
(a) We warrant that:
(i) Our platform will operate substantially as described
(ii) We'll use reasonable care in providing our Services
(iii) We'll act honestly and fairly in our dealings with Users.
10.4 What We Don't Warrant
(a) We cannot guarantee:
(i) Uninterrupted access to our platform (maintenance, outages may occur)
(ii) That all User-generated content is accurate
(iii) That all Sellers will meet their obligations
(iv) The ongoing value or investment potential of items
(v) That Items will meet your personal preferences.
10.5 Limitation of Liability
(a) Where permitted by law, our liability is limited to:
(i) Supplying the evephoto.io marketplace services again
(ii) In the case of goods supplied by us under an Evephoto.io Sale, replacing or repairing such goods or paying replacement/repair costs
(b) We're not liable for any indirect or consequential losses
(c) Our maximum liability (where it can be limited) is the greater of US$100 or the amount you paid us in the 6 months before the issue arose.
11. Limitation of Liability
11.1 Our service limitations
(a) We provide our marketplace platform and related Services with reasonable care and skill
(b) Our platform may occasionally be unavailable due to maintenance, technical issues or circumstances beyond our control
(c) We don't control the actions of Buyers, Sellers or third-party service providers
(d) User-generated content (listings, reviews, communications) reflects the views of individual Users, not evephoto.io
(e) Where permitted by law, we exclude liability for:
(i) Consequential or indirect losses, including loss of profits or revenue, loss of business opportunities, loss of data or information, damage to reputation, loss of use of goods or services; any indirect, special or consequential damages.
(ii) Issues arising from disputes between Buyers and Sellers, third-party services (payment processors, shipping companies), User-generated content or communications, technical issues beyond our reasonable control, your use of the platform contrary to these terms.
11.2 Platform Disputes vs Transaction Disputes
(a) For issues with our platform services: this liability limitation applies subject to consumer law
(b) For disputes between Buyers and Sellers: we may assist but aren't liable for the outcome
(c) We may hold payments during transaction disputes but aren't responsible for resolving the underlying disagreement.
11.3 Electronic Communications
Users agree to receive notices, agreements and communications from us electronically through:
(a) Email to your registered address
(b) Messages posted on our platform or social media
(c) Updates to terms posted on our website.
11.4 Claims Process
(a) All claims must follow our Dispute Resolution process first
(b) Legal action must be commenced within 2 years of when you first knew (or should have known) about the issue
(c) Claims must be brought in NSW courts
(d) Class actions remain available where permitted by law.
12. Governing Law and jurisdiction
12.1 Governing Law
(a) This Agreement is governed by the laws of New South Wales, Australia and the Commonwealth of Australia
(b) Where you access our services from outside Australia, the laws of your jurisdiction may also apply to the extent they provide mandatory consumer protections that cannot be excluded.
12.2 Jurisdiction for Legal Proceedings
(a) The courts of New South Wales, Australia have exclusive jurisdiction for all disputes arising from this Agreement, except where:
(i) Your local courts have mandatory jurisdiction under consumer protection laws that cannot be excluded
(ii) Small claims or equivalent low-value dispute procedures are available in your jurisdiction for claims under AUD $10,000
(b) By using our services, you consent to the jurisdiction of NSW courts, subject to any non-excludable rights under your local consumer protection laws.
12.3 Service of Process
(a) Legal documents may be served on evephoto.io by email and at our registered address
(b) You consent to service of legal documents by email to your registered account address, in addition to any other permitted methods
(c) If you're outside Australia, service may also be made in accordance with international service conventions or your local procedural rules.
12.4 Choice of Jurisdiction
(a) We may, at our discretion, agree to submit to the jurisdiction of courts in your location if:
(i) It would be more convenient for both parties
(ii) The dispute involves primarily local consumer protection issues
(iii) Both parties consent in writing
(b) Any agreement to submit to alternative jurisdiction doesn't waive our right to challenge jurisdiction or seek transfer to NSW courts.
12.5 Enforcement of Judgments
(a) Judgments obtained in NSW courts may be enforced internationally through applicable treaty arrangements
(b) We may seek enforcement of judgments in your jurisdiction where necessary
(c) You acknowledge that cross-border enforcement may be required for effective dispute resolution.
12.6 International Considerations
(a) Where international treaties or conventions apply to cross-border transactions, they may supplement this Agreement
(b) Export/import regulations and international trade laws of relevant jurisdictions apply to cross-border sales
(c) Currency conversion for judgments will be calculated at the exchange rate on the date of judgment.
12.7 Interpretation
(a) References to "laws" include statutes, regulations, common law and equity as applicable in the relevant jurisdiction
(b) If any provision of this jurisdiction clause is unenforceable in your jurisdiction, the remainder continues to apply
(c) Headings in this clause are for convenience and don't affect interpretation.
12.8 Relationship with Dispute Resolution
(a) Our Dispute Resolution process outlined herein should be followed before commencing legal proceedings
(b) Courts may refer matters back to our internal dispute resolution process where appropriate
(c) Alternative dispute resolution may be available as set out in our Dispute Resolution clause.
13. Relationship of Parties
13.1 Independent Relationship
(a) Users and evephoto.io are independent contractors under this Agreement. We don't have an employment, partnership, agency or joint venture relationship.
(b) You cannot make agreements or representations on our behalf.
(c) We cannot make commitments on your behalf to other users
(d) Each party is responsible for their own tax obligations, insurance and legal compliance.
13.2 Third party rights
(a) These terms create rights and obligations only between you and evephoto.io
(b) Other users cannot rely on these terms to claim rights against you (though they may have separate legal rights)
(c) Our staff and contractors may enforce terms that benefit evephoto.io where permitted by Australian law.
14. General Terms
14.1 Changes to terms
(a) We may update these terms to reflect changes in our services, technology or legal requirements
(b) For minor changes (like correcting typos or clarifying existing terms), we'll post updates on our platform
(c) For material changes affecting your rights or obligations, we'll provide 30 days' notice by prominent notice on our platform
(d) Changes don't affect transactions already in progress
(e) If you don't agree with material changes, you may close your account within the notice period
(f) Continued use after the notice period means you accept the changes.
14.2 Contract Modifications
(a) Only written agreements signed by our authorized representatives can modify these terms for individual Users
(b) Purchase orders, invoices or other business documents don't modify these terms.
14.3 Severability
If any part of these terms is found invalid or unenforceable:
(a) The rest of the terms remain in effect
(b) Invalid provisions will be enforced to the maximum extent permitted by law.
14.4 Force Majeure
(a) Neither party is liable for delays or failures due to circumstances beyond reasonable control, including:
(i) Natural disasters, pandemics or government actions
(ii) Technical failures of internet infrastructure
(iii) Labour disputes or supply chain disruptions
(b) The affected party must:
(i) Notify the other party promptly
(ii) Use reasonable efforts to minimize impacts
(iii) Resume performance when circumstances permit
(c) Extended force majeure (over 90 days) may allow either party to terminate affected transactions.
14.5 Assignment and transfer
(a) You cannot transfer your account or obligations under these terms without our written consent
(b) We may transfer our rights and obligations to another company if:
(i) The transferee agrees to honour these terms
(ii) We provide reasonable notice of the transfer
(c) Vendors may assign rights to related entities with our consent (not unreasonably withheld).
14.6 Waiver
(a) If we don't enforce a right immediately, it doesn't mean we've given up that right
(b) Any waiver must be in writing and signed by our authorized representative
(c) Waiving one breach doesn't waive future breaches.
14.7 International use and language
(a) English is the official language of these terms
(b) Our services operate from Australia under Australian law
(c) If you access our services from outside Australia:
(i) You're responsible for complying with your local laws
(ii) Currency conversions use prevailing exchange rates at the time of transaction
(iii) Translations may be provided for convenience, but English terms prevail.
14.8 Entire agreement
(a) These Terms, together with our Privacy Policy (and for Vendors the Vendor Addendum), form the complete agreement between us
(b) They replace any previous agreements or representations about the same subject matter
(c) Verbal promises or representations not included in writing aren't binding.
14.9 Contact information
(a) For general and legal inquiries: eve@evephoto.io.
14.10 Effective Date
These Terms are effective as of 1 October 2025.
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