Welcome to Bling! To make these Terms of Service (the “Terms”) easier to read, we will sometimes refer to PT Bling Teknologi Indonesia. (including our directors, officers, members, managers, employees, affiliates, successors and assigns (each, a “Bling Representative”), except when acting as a User) as “Bling”, “our”, “we”, or “us”; we will refer to you as “you” or a derivative of you; and we will refer to a user who creates an account on Bling as a “User(s)”. In some instances when describing interactions between Users we will differentiate between “buyer” Users (each, a “Buyer”) and “seller” Users (each, a “Seller”).
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BLING THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE ARBITRATION GENERALLY AND ARBITRATION AGREEMENT SECTION BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO YOU BUT THE PROVISIONS OF THE GOVERNING LAW AND JURISDICTION SECTION WILL APPLY INSTEAD.
About the App
Bling is a platform accessible via website and mobile application (cumulatively, the “App”) that connects Buyers and Sellers of certain products (an “Item”), that can result in a purchase of an Item (a “Transaction”). We provide more in-depth information on registering to use the App and Transactions in the sections below. In offering the App, Bling acts as an intermediary platform provider to allow users to communicate and connect with each other in connection with the sale and purchase of Items. We use third party companies to process payments (the “Payment Processor”) by Buyers and to payout funds to Sellers and Buyers and Sellers will be subject to and must comply with the Payment Processor’s terms and conditions. To the extent we accept, hold or transmit funds in connection with a listing, we do so through the Payment Processor. Bling is not involved in the creation of any Items nor does it directly sell or buy any Items, take title or possession of any Items, or take responsibility for any Items in transit (including any shipment or handling of Items), or ensure the performance of any Items. Buyers are solely responsible for the purchase of and payment for Items that may be available on or through the App and resolving any issues related to the Items. Sellers are solely responsible for all listings of the Items and Bling is not responsible for any descriptions, photographs, assurances of quality or performance of any Items, or otherwise. To the maximum extent permitted under applicable law, Bling disclaims any responsibility, duties, and liability arising from, related to, or connected with the Items. Bling reserves the right to terminate or suspend orders, cancel purchases, or to remove Items listings, for any reason and in its sole discretion and Bling will not be liable to Buyers, Sellers or any third party for doing so.
BLING IS A PLATFORM. BLING FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER ON THE APP BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF ITEMS OR BETWEEN ANY USERS.
Eligibility to Use the App
You must be at least 18 years old in order to create an Account or use the App. By using the App, you represent and warrant that you are at least 18 years of age, and meet all of the eligibility requirements of these Terms. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and provisions of these Terms, you must stop using the App immediately.
The App was created by avid fans who were seeking a marketplace for the Items you can find on the App. For this reason, Bling does not prohibit any Bling Representatives use of the App. All Bling Representatives who are acting as Users must abide by these Terms.
Account Information and Right to Use the App
Account Creation and Profiles
The App allows a User to create a Bling account (“Account”). A User may create an Account by entering their first name and last name and selecting a username and password, which, for the purposes of these Terms, will be considered “User Information”. Once an Account is created, if the User wishes to sell Items, the User will need to create an Account profile (“Profile”) by providing requested information, at which point the User may be allowed, at our discretion, to sell Items on the App.
All Sellers must provide the following information in their Profile: (1) first and last name, (2) email address, (3) physical address, (4) phone number, and (5) a social media account. All Users may provide additional information as requested in your Profile and Account (the foregoing will also be considered “User Information”).
Please Note: While Bling collects User Information, it makes no effort or attempt to verify or ensure such User Information is correct, accurate, complete and not misleading.
Account and User Information Protection
It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorised use of your Account or User Information, or any unauthorised breach of your Account or User Information.
You also acknowledge that your Account and User Information is personal to you and agree not to allow any other person to access the App or any portion of it using your User Information. In the event you share your Account or User Information with others, you do so at your own risk and still are liable for all use of your Account and User Information, even if such use was not authorised.
We have the right to disable any Account at any time in our sole discretion, for any or for no reason, including if, in our opinion, you have violated any provision of these Terms.
Unauthorised Use of Your Account
Bling will not be liable for any loss that you may incur as a result of someone else using your Account or User Information, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for your failure to safeguard your User Information and/or promptly notify Bling about unauthorised use of your Account or breach of your Account information or password.
No Guarantee of Access
We reserve the right to withdraw or amend the App, and any feature or material we provide as part of the App, in our sole discretion without notice. In addition, the App may automatically be upgraded and updated without notice to you. We will not be liable if for any reason if all or any part of the App is unavailable at any time or for any period.
Use and Access Restrictions
We reserve the right to refuse the use of, or access to, the App to anyone, for any reason, at any time. From time to time, we may restrict access to the App, or any portion thereof, to Users, including registered Users. We may, in our sole discretion, terminate your right to use the App with or without cause at any time, and may prevent your future use of the App. In addition, in accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the App. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the App. You may terminate this Agreement by simply discontinuing use of the App.
Your Responsibilities Before and After Termination
Bling has no obligation to retain or provide you with copies of your Account Information (as defined below), User Information, or otherwise. “Account Information” is an encompassing term that is meant to include your User Information as well as Transaction history, Items listed for Transactions, conversations with other Users, if and when such functionality becomes available on the App, Payment Account information and similar information concerning the App and your App usage. This list is meant to be illustrative and not exhaustive. Bling shall not be liable to you for any deletion, loss, corruption or withholding of your Account Information or User Information. You are solely responsible to copy and maintain all Account Information and User Information contained in your Account and Profile.
In the event that you terminate your Account, or we terminate your right to use the App, Bling may restrict your access to any Account Information, User Information or material that you may have used or stored in the App.
You agree that you will not (and will not encourage or enable another User or third party to):Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;Use the App for any unlawful purpose or for the promotion of illegal activities;Use the App to, or to attempt to, harass, abuse, or harm another person or group;Provide others with access to or use of your Account, or use the Account or any other User’s Account without permission;Provide false or inaccurate information in the App or in your Account;Use the App for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;Make any automated use of the App, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on the App;Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent;Copy, adapt, modify, create derivative works of, distribute, sell, or lease any part of the App or materials we provide as part of the App;Attempt to decipher, decompile, disassemble, extract or reverse engineer any source code of or any software used to provide the App, unless applicable laws prohibit these restrictions, or you have our written permission to do so;Use any software, technology, or device to scrape, spider, or crawl the App or harvest or manipulate data;Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;Bypass any measures we take to restrict access to the App;Use the App to solicit sales outside of the App or to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;Engage in market manipulation, for example the creation and use of multiple accounts in an effort to create the appearance increased demand for an Item;Use the App for the distribution or sale of counterfeit, unauthorized, stolen, B-grade, or similar non-authentic Items;Engage in market manipulation, for example the creation and use of multiple accounts in an effort to create the appearance increased demand for an Item;Distribute or sell counterfeit, unauthorized, stolen, B-grade, or similar non-authentic Items;Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the App);Fabricate in any way any Transaction or process related thereto;Place misleading bids or offers;Disguise or interfere in any way with the IP address of the computer you are using to access or use the App or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the App;Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity;Violate any applicable law or regulation;Encourage or enable any other individual to do any of the foregoing; orOtherwise interfere or attempt to interfere with the proper functioning of the App.Bling is not obligated to monitor access to or use of the App or to review or edit any content. However, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content (as defined below), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the App. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on the App is prohibited. If you have reason to believe that an asset listed on the App was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your Account being suspended from the App.Unauthorized use may result in criminal and/or civil prosecution under federal, state and local law. If you become aware of misuse of our App, please contact us at firstname.lastname@example.org.
Your Rights to Use the App
These Terms permit you to use the App for your personal use only, in accordance with the terms herein. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use the App. You will use the App in full compliance with all applicable laws and regulations with regard to your use of the Apps, including all applicable laws.
If you breach any of these Terms, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App, or any content on the App is transferred to you.
We reserve all rights that are not expressly granted to you under these Terms.
Interactions with other Users
Bling has built the App in order to provide Users with the ability to connect with other Users to coordinate Transactions. The degree to which Users may interact and know each other’s identity or identifying information and the degree to which Bling helps facilitate User interactions may vary from time to time, but at no time shall Bling require that Users interact with each other outside of the App.
YOU SHOULD PROTECT YOURSELF AT ALL TIMES, USE YOUR BEST JUDGEMENT AND TAKE GREAT SAFETY PRECAUTIONS WHEN MEETING OR INTERACTING WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND ANY INTERACTION YOU HAVE WITH ANY OTHER USER.
SUBJECT TO APPLICABLE LAW AND AS FURTHER PROVIDED IN THESE TERMS, BLING IS NOT AND SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS BLING FROM, ANY AND ALL LOSS, DAMAGE, HARM, INJURY, OR CLAIMS THAT ARISE FROM OR ARE RELATED TO USER INTERACTIONS, ENGAGEMENTS, OR OTHER USE OF THE APP.
User Legal Compliance
We require that Users comply with all applicable laws regarding Transactions, which may include licensing, business registration and the like. It is solely the responsibility of each User, and not of Bling, to determine which laws are applicable to them and ensure that they are in compliance with such laws and that they have all necessary rights and licenses to buy and sell the Items. You acknowledge and agree that the use, listing, auctioning, purchase, distribution, promotion, advertising, and sale of certain Items are subject to federal state, and local regulations, including, but not limited to, firearms, recalled products, children’s products, alcoholic beverages, coins, and currency. You expressly represent that you shall comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations relating to your use, listing, auctioning, purchase, and distribution, promotion, advertising, and sale of any Items through the App (hereinafter, the “Regulations”). You shall at all times defend, indemnify and hold Bling, its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns, harmless from, and against, all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney’s fees) of any nature or kind, arising under or resulting from: (i) your use, purchase, listing, or distribution of any Items in violation of any Regulations; (ii) your use of the App in connection with the purchase of Items subject to any Regulations; and (iii) your alleged or actual violation or breach of any Regulations.
Please Note: While we require all Users to comply with applicable law, we make no effort to verify or ensure such compliance and we do not guarantee that (i) the App complies with applicable laws; (ii) Users will be in compliance with applicable laws while using the App; or (iii) transactions occurring through the App comply with applicable laws. To the extent permitted by applicable law, we hereby disclaim all liability for any claims arising from, in connection with or relating to (i) the App’s compliance with applicable laws; (ii) a User’s compliance with applicable laws while using the App; or (iii) whether transactions occurring through the App are in compliance with applicable laws. To the extent permitted by applicable law, you hereby remise, release and forever discharge Bling and the Bling Representatives of and from any and all claims whatsoever which you ever had, now have or may hereafter have, whether at common law, in equity, by statute or otherwise, whether now known or unknown, arising from, in connection with or in respect of (i) whether the App complies with applicable laws; (ii) whether a User ’s is in compliance with applicable laws while using the App; or (iii) whether transactions occurring through the App are in compliance with applicable laws.
Pricing Billing and Fees
At this time, it is free to create an Account and use the App. However, Users are required to pay fees related to Transactions. These fees are outlined on our FAQs, which may be updated or amended from time to time (the “Fee Schedule”). Due to the presence of these potential fees, Users may be required, upon registering their Account, to enter a desired payment method as prompted (“Payment Method”).
You authorize Bling and/or its Billing Agent to bill you in a manner consistent with its fee structure as found in the Fee Schedule. Fees and charges that are due as a result of a Transaction are automatically billed to your Payment Method upon a Transaction.
Current Payment Information
You must provide Bling with current payment information upon registration, change of payment information, and at Bling’s request. You are solely responsible for maintaining and updating your payment information. Bling is not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your Payment Method.
The following shall apply if you sign up for an Account:
- You authorize Bling and/or any other company that bills for products or services, or acts as billing agent for Bling (“Billing Agent”) to charge and/or place a hold on your Payment Method for any charges or fees related to your use of the App.
- You authorize Bling and/or Billing Agent to charge and/or place a hold on your Payment Method for any charges related to your use of the App.
- You authorize the party that issued your Payment Method to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of these Terms is authorization to the issuer to pay all such amounts.
- You authorize Bling and/or its Billing Agent to continue to attempt to charge your Payment Method for all amounts described herein, or any portion thereof, until such amounts are paid in full.
If the Payment Method on file is declined or otherwise rejected for any fee or membership charge, the User shall have 7 days to provide updated information and payment. Failure to cure the within the 7-day grace period may, at Bling’s sole discretion, result in termination of your Account without a refund. If a User wishes to reactivate their Account after deactivation from failure to pay a fee, they will be required to satisfy any debts owed to another User or to Bling before a new Account can be created.
Item Transactions Generally
Sellers may list an Item for sale in the App. By listing an Item in the App, Sellers create a binding offer to sell that particular Item at a specified price (“Listing Price”). When a Listing Price aligns with a Buyer’s specified buying price (an “Offer”), the App processes an automatic purchase Transaction. Upon the occurrence of a Transaction and successful payment which includes purchase price plus all applicable fees, Seller ships the Item to Buyer. Within 7 days of the Buyer’s receipt of the Item(s),the applicable purchase price, less any applicable fees payable by the Seller to Bling pursuant to the Fee Schedule, will be transferred to the Seller via the Payment Processor (a “Payout Transaction”). The amounts available for Payout Transactions may be reflected on the App as the Seller’s Bling Account Balance. It is your responsibility to ensure that all information provided is accurate for a proper transfer. Bling may be unable to recover money transferred to an improper account based on the information provided by Users. Seller shall be responsible for the cost of fees charged by the Payment Processor for transfers, and Seller should review the Payment Processor’s terms and services as rates are subject to change and beyond the control of Bling.
If available for a given Transaction, a Buyer may opt into a verification process whereby Bling verifies the Item purchased by the Buyer (a “Verification Opt-in”). Upon the occurrence of a Transaction whereby the Buyer has selected the Verification Opt-In, Seller will ship the Item to Bling. Bling then conducts a verification process in which Bling determines the accuracy of the Item’s description, condition and authenticity. Once Bling determines, in its sole discretion, that the Item is authentic and that its description is accurate, Bling confirms the Transaction can proceed and ships the Item to Buyer. If a Buyer participates in the Verification Opt-In, such Buyer will be charged an additional fee, payable to Bling, as set out on the Bling FAQs.
Seller Responsibilities for Item Transactions:
A Transaction occurs when a Listing Price and an Offer align. Upon a Transaction, Sellers are responsible to ship the Item in accordance with Bling’s shipping policy, which is subject to change, and is available at all times on the Bling FAQs. Failure to abide by shipping policies may, at the sole discretion of Bling, result in penalties.
Sellers are responsible for the accuracy of an Item’s description. Sellers are required to ensure that the Item matches exactly the image that is displayed on the App, and that the described condition of the Item is a true and accurate description of the condition of the Item. Any inaccuracy, whether it be the description, condition or authenticity of an Item, may, at the sole discretion of Bling, result in penalties. If Sellers have any questions regarding Bling’s authentication process or its condition evaluation process, Seller is responsible for reviewing these items on the Bling FAQs.
Penalties arising from Seller-related issues may include but are not limited to (i) additional charges of the total Transaction amount plus applicable Taxes and additional amounts that may be necessary to reflect the use of coupons, promotional specials, or gift certificates, and amounts that reflect the cost of a replacement Item; (ii) removal of any or all Seller Items from the App; (iii) cancellation of any or all of Seller’s pending Transactions on the App; (iv) withholding of any payments due to Seller; (v) limitations on Seller’s ability to buy and/or sell Items; (vi) charges to Seller’s Bling Account for costs, expenses, and fees incurred by Bling as a result of Seller’s failure to properly comply with these Terms; (vii) in the event refunds to Buyers arise out of or result from, in Bling’s sole discretion, Seller-related issues, withholding payments and offsets of future payments to Seller (as applicable) in the amount of such refunds; and (viii) temporary or permanent suspensions of Seller’s Account.
Bling has no obligation to return Items that do not conform to the Seller’s description, and Seller is responsible for any fees associated with any return or disposal of the Item(s). Bling has no obligation to return any Item that is deemed counterfeit, unauthentic, stolen, unauthorized, b-grade, or similar, but rather, Bling may turn those Items over to the proper authorities, and Seller is responsible for any fees associated with this action.
Buyer Responsibilities for Item Transactions:
When a Buyer places an Offer, the Buyer is responsible for the completion of payment of the Transaction amount, including all additional fees and Taxes. More information regarding fees and Taxes can be found in our Fee Schedule. Upon a Transaction, a Buyer authorizes Bling to charge Buyer’s Payment Method. Buyer is responsible for updating Payment Method information as necessary to ensure sufficient funds and accurate information that will allow the satisfaction of payment obligations arising from a Transaction.Penalties arising from payment-related issues may include but are not limited to (i) additional charges of the total Transaction amount, plus applicable Taxes and additional amounts that may be necessary to reflect the use of coupons, promotional specials, or gift certificates, and amounts that reflect the cost of a replacement Item; (ii) removal of any or all Buyer’s Seller Items if said Buyer also acts as a Seller on the App; (iii) cancellation of any or all of Buyer’s Seller pending Transactions on the App; (iv) withholding of any payments due to Buyer in its capacity as Buyer or Seller; (v) place limits on Buyer’s ability to buy and/or sell Items; (vi) charges to Buyer’s Payment Method or subsequently provided means of payment for costs, expenses, and fees incurred by Bling as a result of Buyer’s failure to properly comply with these Terms and; (vii) temporary or permanent suspension of Buyer’s Buyer and/or Seller Account.
Bling Responsibilities for Item Transactions:
Seller will ship the Item directly to the Buyer. Bling, through the Payment Processor, will issue payment to Seller within 7 days of the date of evidence of Buyer’s receipt of the Item(s). In the event that a Buyer disputes the Item for any reason, Bling may, at its sole discretion, delay the distribution of payment, request the Item be sent to Bling, request the Item be returned to the Seller, or issue a refund to the Buyer. This list of actions is meant to be illustrative rather than exhaustive.
For Transactions subject to the Verification Opt-In, Bling conducts a verification process using commercially reasonable efforts to determine the authenticity of each Item and the accuracy of the Item’s description, including its condition (“Item Verification”). Notwithstanding the foregoing, to the extent permitted by applicable law or as otherwise set out in our High Value Loss Reimbursement Policy, Bling shall not be liable or responsible for any User’s damage, direct or indirect loss, costs or expenses arising from any Item Verification, regardless of whether or not such damage, loss, costs or expenses arise from the negligence of Bling. In the event that an Item cannot be authenticated, or is determined to be inaccurately described, Bling shall notify the Buyer and the Seller of Bling’s conclusion, which results in an automatic cancellation of the Transaction and a refund to the Buyer’s Payment Method. Once Bling determines that the Item meets the necessary criteria, in the event that an Item is authenticated, Bling will ship the Item to the Buyer, and will provide shipping notice and tracking information. Except as may be otherwise set out in our High Value Loss Reimbursement Policy, Bling shall not be responsible for any Item that is damaged or lost during shipping. As above, Bling, through the Payment Processor, will issue payment to Seller within 7 days of the date of evidence of Buyer’s receipt of the Item(s). For further information about Bling’s roles and responsibilities, visit the Bling FAQs. For certainty, Bling does not conduct an Item Verification, unless a Buyer selects the Verification Opt-In at the time of the Transaction.
Bling may, in its sole discretion, provide historical Bling sales data and estimated values for Items. Bling is under no obligation to provide such data, but rather may choose to do so for the benefit of its Users. Bling’s historical sales data and estimated values in no way suggest or guarantee that Items will sell for an amount that is close to or that exceeds the amount of any past Transaction or for estimated value. We hereby disclaim all liability for any claims arising from, in connection with or relating to any historical sales data or estimated values for Items that we may provide on the App. You hereby remise, release and forever discharge Bling and the Bling Representatives of and from any and all claims whatsoever which you ever had, now have or may hereafter have, whether at common law, in equity, by statute or otherwise, whether now known or unknown, arising from, in connection with or in respect of any historical sales data or estimated values for Items that we may provide on the App.
Auction Terms & Conditions:
Certain Sellers may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the App including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”) in connection with a live auction conducted by Seller for bidding and purchase of Items (“Auction”). The defined term “Transaction” as used these Terms will include Auctions, as applicable.
Whenever you upload or transmit User Content through the App, you must comply with the standards described under “Going Live On Bling” as may be updated by Bling from time to time. You warrant that your User Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You must not post any User Content on or through the App or transmit to us any User Content that you consider to be confidential. When you submit User Content through the App, you agree and represent that you own that User Content, or you have received all necessary permissions, consents, waivers and clearances, or are otherwise authorized to submit it to the App and grant the licenses to such User Content as described in these Terms.
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us a non-exclusive, royalty-free, fully transferable, perpetual, irrevocable, worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other Users and third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
By posting User Content to or through the App, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any such User Content.
You further grant us a royalty-free license to use your name, image, voice, and likeness to identify you as the source of any of your User Content or otherwise in connection with our use of your User Content. Bling has the right to use, on the App and in advertising and promotional materials, images (including photographic images) of Items being sold or that have been sold through the App, including through Auctions.
Bling reserves the right to cut, crop, edit or refuse to publish, your User Content at our sole discretion. In addition, we have the right — but not the obligation — in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
Auction Eligibility and Fees
Eligibility to host an Auction will be determined in Bling’s sole discretion. If you participate in or host an Auction, you agree to be bound by and pay all fees according to the Live Auction Rules as may be updated by Bling from time to time. Each Seller that hosts an Auction may charge a buyer’s premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are subject to change by the Seller and the particular item for sale and are set by the Seller. In offering the App, Bling acts as an intermediary platform provider to allow users to communicate and connect with each other in connection with Transaction, including Auctions. Bling is not an auction house and we are not conducting live auctions.
Bidding, Buying and Conditions of Sale
The rules for how bids are accepted, bid increments, bid retraction and cancellation, the conditions the buyer must meet to purchase an item, as well as the specific conditions of sale (such as warranties, shipping costs, insurance, and the like) may change for each Auction at the sole discretion of the Seller. Seller acts as an auctioneer and makes the sole, final determination concerning bidding on the item, the sale of the item, and the resolution of any disputes; provided that Bling reserves the right to cancel an Auction if it determines in its reasonable discretion that a bid was made in error.
The Bling return policy can be found on the Bling FAQs. If you experience a problem with your purchase or Item, and you cannot find the proper answer on our FAQs page, please contact us at email@example.com.
You are solely responsible for all costs incurred by you in using the App and determining, collecting, reporting and paying all applicable Taxes. As used herein, “Tax(es)” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by applicable law to pay, collect and/or remit to governmental agencies, and other similar municipal, provincial or state, federal and national indirect or other withholding and personal or corporate income taxes. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our App and the sale of Items, as applicable. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the App. We reserve the right to report any activity occurring using the App to relevant tax authorities as required under applicable law.
Intellectual Property and Account Information
Intellectual Property Ownership
Bling and its licensors are the sole owners of all right, title, and interest in and to the App, including all software and technology therein, as well as any and all intellectual property rights arising therefrom. Except as otherwise provided herein or as authorized in writing by Bling, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products, materials, or services obtained from the App. If you wish to make any use of material provided as part of the App other than as set out in these Terms, please address your request to: firstname.lastname@example.org.
Any use of the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. We reserve all rights that are not expressly granted to you under these Terms.
Cooperation with Law Enforcement
Without limiting any term or provision of these Terms, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Items on or through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Bling respects the intellectual property rights of others and expects its users to do the same. It is Bling’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.
Liability, Indemnification, and Disputes
Assumption of Risk
You agree and acknowledge the world is a dangerous place and you must use a great deal of care and caution in all interactions with other Users, whether such interactions occur by phone call, electronic communication outside of the App, or in-person interactions. In the event that Users interact on the App, Bling encourages all Users to take proper precautions. To the extent permitted by applicable law, we hereby disclaim all liability for any claims arising from, in connection with or relating to your communication with another User on, through, or while using the App. To the extent permitted by applicable law, you hereby remise, release and forever discharge Bling and the Bling Representatives of and from any and all claims whatsoever which you ever had, now have or may hereafter have, whether at common law, in equity, by statute or otherwise, whether now known or unknown, arising from, in connection with or in respect of your communication with another User on, through, or while using the App. If the identity of another User is discovered and leads to an interaction that either User considers inappropriate for any reason, Bling encourages the User to contact us at email@example.com.
BY USING THE APP AND ENTERING INTO A TRANSACTION YOU ARE ACKNOWLEDGING THAT YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE APP AND ENTERING INTO A TRANSACTION.
THE APP, AND ANY CONTENT OR INFORMATION THEREIN, INCLUDING USER CONTENT, AS WELL AS ANY ITEM VERIFICATION, BLING HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BLING IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. FOR CERTAINTY, WE DO NOT REPRESENT OR WARRANT THAT THE APP OR ANY TRANSACTIONS THAT OCCUR USING THE APP COMPLY WITH APPLICABLE LAWS. BLING MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE APP, USER CONTENT, THE USE OR PERFORMANCE OF THE APP, ITEM VERIFICATION, BLING HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BLING. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE APP (INCLUDING ANY CONTENT AND INFORMATION THEREIN), USER CONTENT, ANY ITEM VERIFICATION, BLING HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BLING, BLING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BLING MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP, USER CONTENT, ITEM VERIFICATION, BLING HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BLING WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE APP OR FROM ANY USER CONTENT, ITEM VERIFICATION, BLING HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BLING.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
BLING IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. BLING HAS NO DUTY OR RESPONSIBILITY TO ENSURE THAT A USER HAS PROVIDED A VALID AND PROPER PAYMENT METHOD TO CONDUCT A TRANSACTION, OR TO DETERMINE IF A USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING AND SUFFICIENT TO CONDUCT A TRANSACTION. USERS UNDERSTAND THAT THEY MAY INCUR FEES AND/OR CHARGES AS A RESULT OF BLING TRANSACTIONS UNDER THE TERMS OF AGREEMENTS WITH PAYMENT INSTRUMENT ISSUERS, OR BLING MAY BE UNABLE TO FACILITATE SOME TRANSACTIONS.
THE APP MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE APP AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE APP CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
Disclaimers of Liability
IN NO EVENT SHALL BLING BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, LOSS OF PROFIT, LOSS OF DATA, OR PUNITIVE DAMAGES, HOWEVER ARISING.
BLING SHALL NOT BE RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY OR DAMAGES ARISING FROM OR IN RELATION TO YOUR USE OF THE APP, WHETHER ARISING FROM A TRANSACTION, USER CONTENT OR OTHERWISE, OR ANY ITEM VERIFICATION, BLING HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BLING; THIS DISCLAIMER INCLUDES ANY AND ALL LIABILITY AND DAMAGE ARISING FROM HARM OR LOSS TO YOU, YOUR ITEM(S), YOUR REAL OR PERSONAL PROPERTY. ADDITIONALLY, BLING SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES ARISING FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCOUNT, INABILITY TO ACCESS YOUR ACCOUNT OR USER CONTENT, ABILITY TO USE THE APP, OR ANY FAILURE, ERROR, OMISSION, INTERRUPTION, OR DEFECT OF THE APP.
WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY CLAIMS ARISING FROM, IN CONNECTION WITH OR RELATING TO THE APP’S COMPLIANCE WITH APPLICABLE LAWS OR YOUR COMPLIANCE WITH APPLICABLE LAWS WHILE USING THE APP, INCLUDING YOUR COMPLIANCE WITH APPLICABLE CONSUMER PROTECTION LAWS AS A SELLER OF ITEMS TO CONSUMERS THROUGH THE APP.
WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF OUR APP IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES.
BLING WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE APP, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO THE APP; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
IF YOU ARE IN ANY WAY CONCERNED ABOUT ANOTHER USERS’ SUITABILITY FOR THIS APP, PLEASE LET US KNOW IMMEDIATELY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER IS TO BE RESOLVED BY YOU AND SUCH USER. BLING HAS NO RESPONSIBILITY TO RESOLVE ANY USER DISPUTE AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH USER DISPUTE. AS SUCH, YOU HEREBY RELEASE BLING FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND LOSSES OF EVERY KIND ARISING FROM ANY USER DISPUTE.
Limitation of Liability
BLING’S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO BLING IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY; PROVIDED THAT IF YOU HAVE PAID NO SUCH AMOUNTS, BLING MAXIMUM LIABILITY TO YOU SHALL BE THE GREATER OF USER’S TOTAL FEES TO BLING FOR THE 12 MONTHS PRIOR TO THE CLAIM OR $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Indemnification by You
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BLING (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, EXPENSES, LOSSES, OR OTHER AMOUNTS (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY BLING THAT ARISE FROM ANY CLAIM, DEMAND, OR CAUSE OF ACTION RELATING TO (1) YOUR USE OF THE APP, INCLUDING WITH RESPECT TO ANY TRANSACTION IN WHICH YOU ARE INVOLVED, (2) OUR USE OF YOUR ACCOUNT INFORMATION, (3) YOUR DISPUTES WITH OTHER USERS, (4) ANY OTHER USER’S ACTIONS OR OMISSIONS, AS THEY RELATE TO YOU, (5) YOUR BREACH OF THESE TERMS, (6) YOUR BREACH OF THE OTHER POLICIES, (7) YOUR MISUSE OF THE APP, (8) YOUR VIOLATION OF ANY LAW, (9) YOUR USER CONTENT, OR (10) YOUR VIOLATION OF ANY OTHER USER’S OR THIRD PARTY’S RIGHTS.
AS STATED THROUGHOUT, BLING SHALL NOT BE LIABLE, AND SHALL BEAR NO LIABILITY, IN CONNECTION WITH ANY TRANSACTION. BLING DOES NOT BUY OR SELL ITEMS OR PARTICIPATE IN ANY TRANSACTIONS BETWEEN USERS. ANY TRANSACTION IN WHICH A BLING REPRESENTATIVE IS ACTING AS A USER SHALL BE CONSTRUED AS A USER TO USER TRANSACTION AND NOT AS A TRANSACTION INVOLVING BLING. ANY DAMAGES OR LIABILITIES THAT ARISE FROM OR IN CONNECTION WITH A TRANSACTION WILL BE YOUR SOLE RESPONSIBILITY.
Limitation on Time to File Claims
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF YOUR USE OF THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
BLING SHALL HAVE NO LIABILITY FOR DELAYS OR FAILURE TO MEET RESPONSIBILITIES FROM ANY CONDITION OR EVENT THAT IS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENTAL ACTION, ACTS OF TERRORISM, ACTS OF NATURE INCLUDING EARTHQUAKES, FIRE, FLOOD, OR OTHER ACTS OF GOD; OR LABOR CONDITIONS. THIS LIST IS MEANT TO BE ILLUSTRATIVE AND IS NOT EXHAUSTIVE.
Governing Law and Jurisdiction
Bling Giveaway Rules
General Rules and Requirements:
- You are responsible for administering your giveaway and you use the Bling platform and Bling-provided technology at your own risk.
- You must comply with all laws, rules, and regulations that govern or apply to your giveaway.
- Do not state, suggest or imply that your giveaway is endorsed by or affiliated with Bling unless expressly permitted by Bling.
- Do not infringe upon any third-party rights or require participation in any unlawful activity in connection with or as part of your giveaway.
- You must post a set of “Official Rules” for your giveaway which:
- states all disclosures required by all applicable laws, rules and regulations.
- clearly states that Bling is not a sponsor of your giveaway and requires entrants to release Bling from any liability related to your giveaway
- includes a legally compliant privacy notice that explains how you use any personal data collected from entrants and adhere to that use.
- is compliant and consistent with these Terms.
- You must administer your giveaway, including awarding of prizes, as outlined in your Official Rules.
The above is a list of rules you must comply with in order to run your giveaway on Bling’s platform. There may be legal requirements under applicable federal, state and local laws that separately apply to your giveaway. Bling reserves the right to take measures to remove or take down any giveaways that do not comply with these rules.
PT Bling Teknologi Indonesia is the official legal name of Bling, and we are an Indonesiancorporation. Please send all feedback, comments, requests for technical support, and other communications relating to the App to: firstname.lastname@example.org. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit any feedback or comments you provide to Bling and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody such feedback or comments, whether in whole or in part, and whether as provided or as modified.
Even if Bling does not require strict compliance with these Terms in each instance, you are still obligated to comply with these Terms. Our failure to enforce, at any time, any of the provisions, conditions, or requirements of these Terms, or the failure to require, at any time, performance by you of any of the provisions of these Terms, will in no way waive your obligation to comply with any of the provisions of these Terms, or our ability to enforce each and every such provision as written.
Any and all waivers by Bling of any provision, condition, or requirement of these Terms will only be effective against Bling if it is in writing and signed by an authorized officer of Bling. No waiver by Bling of any term or condition set out herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bling to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Links to Third-Party Websites, Applications, Software, or Content
As part of the App, we may provide you with convenient links to third-party website(s) as well as content or items belonging to or originating from third-parties, and the App may also integrate with, or be accessible through, Other Applications including software and services provided by third-parties (collectively, “Third-Party Content”). These links are provided as a courtesy to Users. Bling has no control over Third-Party Content or the promotions, materials, information, goods or services advertised by or available from Third-Party Content. Such Third-Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by Bling.
We are not responsible for any Third-Party Content posted on, available through or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Our inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement by Bling. In addition, Bling disclaims liability for any loss, damage and any other consequence resulting directly or indirectly from or relating to your use or access of Third-Party Content or any information that you may provide or any transaction conducted with or through the Third-Party Content or the failure of any information, software or services posted or offered by such service providers or any error, omission or misrepresentation by such service providers or any computer virus arising from or system failure associated with the Third-Party Content. If you decide to leave the App and access or use any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party site or application to which you navigate from the App.
Email and Legal Notice
Communications made through the Bling e-mail and messaging system, if and when available, will not constitute legal notice to Bling in any situation where notice to Bling is required by contract or any law or regulation.
You Consent to Receive Electronic Communications
We May Amend the App and these Terms
We may update the App (including its content, materials, and features) from time to time. Please be advised that any content contained on the App may not necessarily be complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
We may revise and update these Terms from time to time in our sole discretion. All changes become effectively immediately when we post them and upon your continued use of the App.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND WILL BE BOUND BY THESE TERMS.
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