Terms of Service

**Last Updated: September 15, 2026**

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## Gratitude

We love our fans and we love what we make. To have the opportunity to be supported as we pursue our dark and ambitious creations continues to be humbling and amazing. To that end, despite delays, we always strive to improve our projects and to deliver goods beyond expectations. We also acknowledge that we can be very slow.

We have a wonderful support team, and we try to work with fans on a case-by-case, person-to-person basis. Whatever the issue is, please reach out to us and we will do our best to make exceptions and find a solution.

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## 1. Introduction

These Terms of Service ("Terms") govern your access to and use of the website, store, and services operated by Adam Poots Games, LLC ("we," "us," or "our"), where we sell horror-themed board games, models, artwork, and related software (together, the "Products" and the "Services").

By accessing our store, creating an account, or placing an order, you agree to these Terms. If you do not agree, please do not use our store. Please also review our Privacy Policy, which explains how we handle your personal information and is incorporated into these Terms by reference.

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## 2. Our Platform Provider (Shopify)

Our store is hosted and powered by **Shopify Inc. ("Shopify")**. Using our store therefore also involves Shopify's systems and is subject, where applicable, to Shopify's own policies, including:

- **Shopify Terms of Service:** https://www.shopify.com/legal/terms
- **Shopify Acceptable Use Policy:** https://www.shopify.com/legal/aup
- **Shopify Consumer Privacy Policy:** https://www.shopify.com/legal/privacy/consumers

Payments are processed by Shopify Payments and/or PayPal, each under its own terms. We are responsible for our Products, our store content, our customer service, and our order fulfillment. Shopify is responsible for the underlying platform and payment infrastructure. Nothing in these Terms makes Shopify a party to your contract with us.

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## 3. Eligibility & Mature Content

**Our store and Products are intended for adults.** Our games, models, and artwork contain mature content, which may include graphic horror, gore and body horror, partial nudity and suggestive ("pin-up" style) artwork, and psychological themes.

Our products carry a **"Mature 17+"** content rating. This rating describes the nature of the content; to purchase, you must be of legal age in your country and region (see below). All of this content is fictional and created for entertainment and artistic expression. It does not reflect the personal opinions, values, or beliefs of the artists, designers, or anyone else involved in making our products.

By accessing our store, creating an account, or making a purchase, you represent and warrant that:

- You are of legal age to view mature content and to make purchases under the laws of your country and state or region; and
- You are accessing mature content voluntarily and it is lawful for you to do so in your location.

Our Products are sold to adults. As a parent or guardian, you may of course decide what is appropriate for the children in your care (many of us play these games with our own families), but that decision, and whether a Product is suitable for a particular child, rests with you. We do not control, supervise, or take responsibility for how our Products are used once they leave our hands.

We reserve the right to refuse service, cancel orders, or restrict access where we reasonably believe these requirements are not met.

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## 4. Account Registration

If you create an account, you are responsible for keeping your login credentials confidential and for all activity under your account. You agree to provide accurate information and to keep it up to date. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

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## 5. Orders, Pricing & Payment

- All orders are subject to acceptance and availability. We may refuse or cancel any order, including where a Product is mispriced or out of stock, or where we suspect fraud.
- Prices are listed in USD and may change without notice, but changes will not affect orders already accepted. **Pledges work differently.** For pledge items (including pledges made on Kickstarter, through BackerKit or another pledge manager, or through our Dark Treasury), shipping and handling are charged separately at the time of fulfillment, at the rates then in effect, as described in Section 6 and our Refund & Returns Policy. This is part of the agreed terms of a pledge, not a later change to an accepted order.
- A valid payment method (credit card via Shopify Payments, or PayPal) is required to complete a purchase.
- You are responsible for any taxes, customs duties, or import fees that may apply to international orders.

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## 6. Shipping, Risk & International Orders

We ship worldwide. Estimated delivery times are estimates only and are not guaranteed.

**Shipping charges on pledges.** For pledge items (Kickstarter, BackerKit, or Dark Treasury pledges), shipping and handling are charged separately at the time of fulfillment, at the carrier rates then in effect. Any shipping figure shown when you pledge is an estimate only. Because these items ship long after you commit, shipping costs may rise or fall in the meantime. A change in shipping cost is not, by itself, a basis to cancel a pledge or to obtain a refund of the item, except where applicable law provides otherwise. Full details are in our Refund & Returns Policy.

**Risk of loss.** Risk of loss and damage to physical Products passes to you when the Products are delivered to you, or to a person or location you have nominated to receive them. For business-to-business orders, or where applicable law provides otherwise, risk may pass earlier (for example, on delivery to the carrier).

**International orders.** For international orders, you are the importer of record and are responsible for compliance with your local laws, including any restrictions on mature-content goods, and for any taxes, customs duties, or import fees that may apply. If customs refuses or seizes a shipment because of local content laws, we are not able to refund seized items, except where applicable law requires otherwise.

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## 7. Returns, Refunds & Cancellations

Our returns, refunds, and cancellations are governed by our **Refund & Returns Policy**, which forms part of these Terms. In summary:

- **Standard products** may be returned within the window and on the conditions set out in that policy.
- **Pre-orders** are ordinary purchases that you may cancel for a full refund at any time before they ship.
- **Pledges** (Kickstarter, BackerKit, and Dark Treasury pledges) are commitments to fund and receive items from limited-run crowdfunded projects. They are not pre-orders or ordinary sales. Delay alone is not grounds for cancellation, cancellation and refund requests are handled case by case, and any refund may be reduced by non-recoverable costs and platform/processor fees.

The Refund & Returns Policy contains the full terms and controls if there is any conflict with this summary. Where you have statutory rights (such as EU/UK consumer withdrawal rights or rights regarding faulty goods), nothing in these Terms or that policy limits those rights.

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## 8. Digital Game, Expansions & Early Access

We sell a digital version of our game that you **download and install as a client**, together with optional **downloadable expansions and add-on content**. The game connects to and relies on our **online service** (servers and hosting), and it is currently offered in **Early Access**. The terms below apply to the game client, its expansions, and any other digital content we sell for it (together, the "Digital Game").

- **Your license.** You receive a **limited, non-exclusive, non-transferable license** to download and use the Digital Game for your personal, non-commercial enjoyment. You may not copy, redistribute, resell, sub-license, decompile, or reverse-engineer it, except to the extent the law allows. Downloads and any license keys are delivered to the email address or account you provide.
- **Early Access: buy based on its current state.** The Digital Game is in active development and is **not a finished product**. It may contain bugs, incomplete features, and placeholder content. Features, content, and balance may be added, changed, or removed. Progress and saved data may be reset, and the game may never reach a finished or full-release state. Please base your decision to purchase on the Digital Game **as it exists at the time of purchase**, not on any roadmap, preview, or statement about future development. Those reflect our current intentions only and are not promises.
- **Online service and availability.** Because the Digital Game depends on our servers and hosting, we provide online access on an **"as-is" and "as-available"** basis. We do not guarantee uninterrupted or error-free access, any particular uptime, or that your progress or saved data will be preserved. We may update, modify, suspend, limit, or **discontinue the Digital Game or its online service at any time, including ending it entirely.** If we decide to permanently shut it down, we will make reasonable efforts to give advance notice through the game or by email where practicable.
- **Refunds.** Because the Digital Game is delivered to you immediately and relies on an online service we host on an ongoing basis, **refund requests for the Digital Game and its expansions must be made within 14 days of purchase.** After that period, these purchases are **non-refundable**, except where the law requires otherwise or where the Digital Game is faulty and we are unable to resolve the problem. This window is specific to the Digital Game and is separate from the rules for physical Products in our Refund & Returns Policy.
- **In-game content.** Any virtual items, currency, unlocks, or other in-game content have no monetary value and cannot be exchanged for cash. They are licensed, not sold, for use within the Digital Game while it remains available.
- **Accounts and conduct.** Your use of the Digital Game is also subject to Section 4 (Account Registration) and Section 10 (Acceptable Use). We may suspend or terminate access for breach of these Terms.
- **Your statutory rights.** Nothing in this Section removes or limits any non-waivable statutory right you have, including rights relating to digital content or services that are faulty or not as described (see also Section 13 and our Refund & Returns Policy).

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## 9. The Dark Treasury (Beta Feature)

The Dark Treasury is a registered-user feature that lets you receive notifications when a pre-order or crowdfunded project reward becomes available for fulfillment, add those items to your cart for checkout, and from time to time make new **pledges** for items we offer through it. Pledges and purchases made through the Dark Treasury are governed by our Refund & Returns Policy (pledges are treated as pledges, the same as Kickstarter and BackerKit pledges). Data practices for this feature are described in our Privacy Policy. The following terms govern your **use** of the feature itself.

**Please read this section carefully.**

The Dark Treasury is currently in **beta** and is provided on an **"as-is" and "as-available"** basis. By using The Dark Treasury, you acknowledge and agree that:

- **Beta limitations:** As a beta feature, The Dark Treasury may experience errors, delays, interruptions, or unexpected behavior. Notification timing, item availability, and cart functionality may not always work as intended.
- **No guarantees:** We do not guarantee that fulfillment notifications will be delivered at any specific time, that items will remain available once a notification is sent, or that the feature will be free of bugs or data errors.
- **Support:** Our customer support team is available to help with issues arising from The Dark Treasury, but resolution times and outcomes may vary given the beta nature of the feature.
- **Limitation of liability:** To the maximum extent permitted by law, we are not liable for missed fulfillment windows, failed notifications, or lost cart data resulting from beta-related issues.

We will work to improve The Dark Treasury over time, and may modify, suspend, or discontinue it at any time. If you run into a problem, contact us at support@kingdomdeath.com.

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## 10. Acceptable Use

You agree not to use our store to:

- Violate any applicable law or the rights of others
- Attempt to gain unauthorized access to our systems, Shopify's systems, or other users' accounts
- Interfere with or disrupt the store, including by introducing malware or excessive automated requests
- Scrape, crawl, or harvest content, or use our store or Products to train or develop AI or machine-learning systems, in breach of Section 11
- Misrepresent your age or identity, or use the store on behalf of a minor in violation of Section 3
- Resell our digital Products or license keys without authorization

Your use of our store must also comply with Shopify's Acceptable Use Policy, linked in Section 2.

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## 11. Intellectual Property; AI, Data-Mining & Automated Use

**11.1 Ownership.** All content on our store and in our Products, including game designs, rules, characters, names, lore, artwork, illustrations, sculpts and 3D models, photographs, logos, text, audiovisual material, and software (together, "Our Content"), is owned by us or our licensors and is protected by copyright, trademark, design, and other intellectual-property laws. Purchasing or accessing a Product gives you the right to use it for your own personal, non-commercial enjoyment only. We grant you no other rights, and **all rights not expressly granted are reserved.**

**11.2 Do not train AI on our work. We reserve those rights, whether or not we ever use them.**

Put simply: do not use our properties, our images, our text, our video, our models, or anything else we make to train, feed, or build AI. This applies whether or not we ever choose to use those rights ourselves. We hold them to protect our work, our artists, and our community, and we are not giving them up.

In legal terms: we expressly reserve all rights in Our Content, including the right to reproduce it and to use it for text and data mining, machine learning, and artificial-intelligence training and development. This is an **express reservation of rights** for the purposes of applicable text-and-data-mining laws and exceptions (including, without limitation, Article 4 of EU Directive 2019/790 and equivalent UK provisions). It applies whether or not Our Content is accessed by automated means, and we also express it in machine-readable form on our site (for example, through robots.txt directives and reservation headers) so that automated systems can find it. No use of Our Content for any purpose in Section 11.3 is permitted without our prior, express, written permission.

**11.3 Prohibited uses.** Except with our prior written permission, you (and any person, agent, or system acting on your behalf) may not:

- use, reproduce, or provide Our Content, in whole or in part, to train, fine-tune, validate, develop, benchmark, or improve any artificial-intelligence or machine-learning model, system, or dataset;
- input, upload, or submit Our Content to any third-party AI or machine-learning service, tool, or platform (including generative-AI tools) for any purpose;
- use Our Content to generate, or as a reference, prompt, or style source for, AI- or machine-generated outputs, imagery, models, sculpts, or text;
- transform, remix, modify, or create derivative works from Our Content, including by automated or AI-assisted means;
- scrape, crawl, harvest, data-mine, or otherwise extract Our Content by automated means, or circumvent any technical measure (such as robots.txt or other access controls) we use to signal these restrictions; or
- remove, obscure, or alter any copyright, trademark, watermark, or attribution notice on Our Content.

**11.4 Your acknowledgment.** By accessing, viewing, or purchasing Our Content, you acknowledge that you receive no license or right to use it for any purpose in Section 11.3, that all such rights are reserved to us, and that you will not engage in, authorize, or assist those uses.

**11.5 Enforcement and survival.** Unauthorized AI training, copying, scraping, or distribution of Our Content can cause harm that money alone cannot adequately remedy. For that reason we may seek injunctive or other equitable relief, in addition to any other remedies available to us, to stop or prevent a breach of this Section. The restrictions and reservations in this Section are **continuing and survive** the completion of any purchase and any termination of your account or these Terms.

**11.6 Fan-Made Content.** We love fan-made content and want our community to keep creating. You may create and share fan content based on Our Content, including fan art, your own sculptures and conversions, painted and converted models you own, photos, reviews, painting tutorials, battle reports, actual-play streams and videos, fan fiction, fan sites, and community discussion, subject to the following:

- **Non-commercial only.** Fan content based on Our Content must be free and non-commercial. You may not sell it, place it behind a paywall or paid membership (for example, Patreon, Ko-fi, Gumroad, paid Discords, or "subscriber-only" rewards), charge for access to it, or otherwise use Our Content to make money or raise funds. If you run a monetized channel and aren't sure where the line is, ask us. We work with fans case by case.
- **No AI.** Fan content must be created by humans. Consistent with Sections 11.2 and 11.3, you may not feed Our Content to any AI or machine-learning tool, train AI on it, or use generative AI to produce our characters, artwork, sculpts, lore, or text.

  This catches more everyday things than most people realize. Many AI services' terms let them keep, analyze, or train on whatever you upload, and once our work is in their systems there is no getting it back out. So please don't:
  - upload our artwork, product photos, rulebook pages, or lore to a chatbot (ChatGPT, Gemini, Claude, Grok, Copilot, or similar) to describe, translate, summarize, or "improve" it;
  - run our artwork or renders through an AI image editor, upscaler, background remover, style filter, or "remaster" tool;
  - paste our text or rules into an AI writing tool to rewrite, expand, or generate from;
  - scan, photograph, or otherwise capture our sculpts and models for AI 3D-generation or "photo to model" tools;
  - use AI features built into design or cloud tools (for example, generative fill, AI enhance, or AI-powered search and tagging that indexes uploads into a training set) on our work;
  - post our artwork into AI-powered Discord bots, image generators, or "make it in the style of" prompts.

  If a tool's terms don't clearly say your uploads stay yours and are never used for training, treat it as off limits for our work. If you're unsure whether something counts, ask us before you do it.
- **Make it clearly unofficial.** Don't use our logos or trademarks in a way that suggests your work is official, endorsed by us, or made by us, and don't present fan content as ours.
- **Create, don't copy or recast.** Make your own original work inspired by our world. Don't reproduce, trace, scan, or directly copy our artwork, text, or rules. In particular, you may not recast, duplicate, or 3D-print our models, sculpts, or files to share, distribute, or sell, and you may not make counterfeit or imitation versions of our products.
- **Social media, streaming & fan sites.** You're welcome to share fan content on social platforms, streams, and fan sites on the terms above. Keep it clearly unofficial, follow each platform's rules, and don't repost our artwork, text, or rules wholesale.
- **Keep it lawful.** Our worlds are dark and made for adults, but fan content must comply with the law and applicable platform rules. It must never be unlawful or used to sexualize or endanger minors or to promote hatred or real-world violence, and it must not harm or mislead our community or damage the reputation and goodwill of our work.
- **Bigger projects: ask first.** Fan-made video games, media, apps, or other interactive software based on our worlds, and any commercial proposal, require our prior written permission and/or a specific license. Please contact us first at support@kingdomdeath.com. We also make our own digital game, which we have to protect. Generally speaking, we are very protective of our game world and our IP, and how it is presented and represented is part of our brand. Please understand that we politely turn down the vast majority of such requests. Thank you in advance for your understanding.
- **Permission, not a license.** This Section is a limited permission on the terms above. It is not a license, a transfer of any rights, or our approval or endorsement of any fan content, and it does not waive the reservations in this Section 11. We may ask you to take down or stop using fan content, and we may update these terms. Please respect that if we do.

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## 12. Third-Party Links & Services

Our store may link to third-party sites (such as Kickstarter, board game review sites, or rulebook PDFs) and rely on third-party services (such as Shopify, PayPal, shipping carriers, and Mailchimp). We are not responsible for the content, policies, or practices of third parties. Your use of those services is governed by their own terms.

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## 13. Disclaimers

Except as expressly stated and to the maximum extent permitted by law, our store and Products are provided "as is" without warranties of any kind, whether express or implied. We do not warrant that the store will be uninterrupted, error-free, or secure. **Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law**, including statutory consumer guarantees in your jurisdiction.

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## 14. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from your use of our store or Products. Our total liability for any claim relating to your purchase will not exceed the amount you paid for the Product giving rise to the claim. **These limitations do not apply where prohibited by law**, including to liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under applicable consumer-protection law.

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## 15. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the store, or your violation of any law or third-party right.

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## 16. Governing Law & Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute will be resolved in the courts of the State of New York, except that **consumers in the EEA, UK, or other regions may have the right to bring claims in their local courts and under their local law**, and nothing here removes those rights.

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## 17. Force Majeure

We are not liable for any delay or failure to perform our obligations, including delays in production, fulfillment, or delivery, caused by events beyond our reasonable control. These include, without limitation, acts of God, natural disasters, fire or flood, epidemics or pandemics, war or civil unrest, terrorism, government action or restrictions, labor disputes, manufacturing or supply-chain failures, shortages of materials or components, transport or port disruptions, carrier delays, and failures of utilities, payment systems, or telecommunications.

If such an event occurs, we will make reasonable efforts to notify you and to resume performance as soon as practicable. Nothing in this Section removes any non-waivable statutory right you have, including any right to cancel an order or obtain a refund for goods that are significantly delayed or not delivered (see our Refund & Returns Policy).

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## 18. Resale, Transfers & Second-Hand Buyers

We sell to the customer who places the order with us (the **"original purchaser"**), and our products, support, warranties, and customer protections are intended for that person. **We do not facilitate, endorse, or support the resale of our goods.** Please read this Section carefully if you are buying or selling our products second-hand.

- **Orders, accounts, pledges, and rewards are not transferable.** Your account, your order, and any **unfulfilled** pre-order, pledge, or Kickstarter reward are personal to you and may not be sold, assigned, or transferred to anyone else without our prior written consent. We are not obligated to recognize any such transfer, to fulfill an item to anyone other than the original purchaser of record, or to deal with the person who acquired it, and that person gains no rights against us.
- **We deal only with the original purchaser of record.** For any order, fulfillment question, account matter, warranty claim, or support request, we will communicate and act **only with the original purchaser on record** for that transaction. We cannot verify, mediate, or take part in private arrangements between you and anyone else.
- **Our warranties and protections do not transfer.** Any warranty, replacement, return, defect or shipping-damage protection, refund, or other customer protection we offer is extended **only to the original purchaser and is not transferable.** If you obtain one of our products from anyone other than us (through a private sale, auction, marketplace, or other resale), **you are not our customer for that product**, and we have no obligation to provide you with support, replacements, missing or damaged parts, refunds, or fulfillment.
- **We do not control lawful resale of items you own, but our relationship stays with the original purchaser.** The law in many places (for example, the U.S. "first sale doctrine" and equivalent "exhaustion of rights" rules elsewhere) allows the owner of a physical item to resell or give it away, and we do not claim to prevent that. What this Section does is make clear that our **customer relationship, warranties, and protections remain with the original purchaser and do not pass to a later buyer.**
- **No liability for resale or private transactions.** We are not responsible or liable for any loss, cost, dispute, or harm arising from the resale or transfer of our products, accounts, pre-orders, pledges, or rewards between you and any third party, including non-delivery, misrepresentation, condition or authenticity disputes, payment disputes, or fraud. **Any such dispute is solely between the parties to that transaction.** If you believe you have been the victim of fraud or theft in connection with a resale, that is a matter for the parties involved and, where appropriate, your local law-enforcement authorities. It is not something we are able to investigate, mediate, or resolve.
- **Anti-fraud.** To protect our customers and prevent fraud, we may decline support for, or suspend or cancel, any order, account, pledge, or reward where we reasonably believe it has been resold, transferred, or obtained in breach of this Section or these Terms.

Nothing in this Section removes any non-waivable statutory right that applies to you under the law of your country or region.

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## 19. General Provisions

- **Severability.** If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
- **Entire agreement.** These Terms, together with our Privacy Policy and Refund & Returns Policy, form the entire agreement between you and us regarding your use of our store and supersede any prior agreements on that subject.
- **No waiver.** Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
- **Assignment.** You may not transfer or assign your rights or obligations under these Terms without our prior consent. We may assign or transfer these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law, consistent with our Privacy Policy.
- **No third-party beneficiaries.** These Terms create rights only between you and us, except as expressly stated (for example, in relation to Shopify as described in Section 2).
- **Notices.** We may provide notices to you by email, by posting on our store, or through your account. You can reach us using the details in Section 21.

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## 20. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date above and, for material changes, provide more prominent notice where required. Continued use of our store after changes are posted constitutes acceptance of the revised Terms.

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## 21. Contact Us

If you have any questions about these Terms, please contact us:

**Adam Poots Games, LLC**
6118 Cooper Avenue, Glendale, NY 11385
support@kingdomdeath.com

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