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I. Agreement Upon Access of Content

The Junkie Journal is owned and published by Hymerhyme Holdings, LLC (“Hymerhyme”). You accept and agree to be bound by these Terms of Use (“Terms”) when you view or access content on this website or any future online and mobile websites, platforms, services, applications, and networks owned or operated by Hymerhyme, including without limitation JunkieJournal.com, as well as any future services and/or technology (the “Site” or “Sites”). By accepting these Terms, you agree that you are over the age of 18, or, over the age of 13 with the approval of your parent(s) or legal guardian(s).

I.I Governing Terms

These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively, “Terms of Use”) and the Junkie Journal Privacy Policy, establish the terms and conditions that apply to your use of the Site. By using the Site, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Site.

I.II Changes to Terms of Use

Hymerhyme may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications or additions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications or additions.

I.III Changes to Site

Hymerhyme may change or discontinue any service or feature of the Site at any time, including, but not limited to, content, interactive community areas (“User Areas”), hours of availability, and equipment needed for access or use.

I.IV Registration

You may be given the opportunity to register via an online registration form to create a user account (“Your Account”) that may allow you to receive information from Hymerhyme and/or to participate in certain features on the Site such as certain User Areas. Hymerhyme will use the information you provide in accordance with our Privacy Policy. By registering, you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password and/or username. You acknowledge and agree that Hymerhyme may rely on this password or username to identify you. You shall be responsible for protecting the confidentiality of your username(s) or password(s). You are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Use.

I.V Equipment

You are responsible for obtaining and maintaining all connectivity to networks, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to this equipment.

II. Community Guidelines & User Content

The following terms apply to content created by users as well as user conduct on the Site’s User Areas, including forums, profiles, comments, media uploads, links, shares, videos, photos, messages, or other user-generated content (collectively, “User Content”):

II.I Interactive Community Areas

The Site may contain comments sections, discussion forums, messaging services, social profiles, or other interactive features, including event calendars, blogs, and galleries specific to the Junkie Journal (“User Areas”) in which you may post or upload content, including but not limited to text, comments, messages, video, photos, graphics, hyperlinks, snippets of code, personal information, and other digital materials (collectively, “User Content”). You are solely responsible for your use of any of the User Areas and you use them at your own risk. User Areas are available for individuals aged 13 years or older, but certain content may not be suitable for audiences under the age of 18. By submitting User Content to one of our User Areas, you represent that you are 13-years-of-age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent(s) or legal guardian(s) to enter into these Terms of Use, submit content, participate on the Site, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and Hymerhyme. Employees, contractors, or partners of Hymerhyme Holdings, LLC. may not submit User Content without the written permission from Cory J. Cascalheira.

II.II Community Guidelines

By submitting any User Content or participating in any of the User Areas within or in connection with the Site, you agree to abide by the following rules of conduct:

You agree not to upload, post or otherwise transmit any User Content that:

  1. violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others, which
    you know to be false, misleading or inaccurate;
  2. directly threatens another user with physical or financial abuse;
  3. contains or advocates pornography or sexually explicit content in unauthorized public areas of the Site, or promotes pedophilia, incest, bestiality, or content otherwise deemed obscene by community standards in your locality;
  4. violates any law or provides instruction on dangerous, illegal, or predatory acts with the intent to commit them;
  5. discusses illegal activities with the intent to commit them;
  6. advertises the use or trafficking of illegal narcotics;
  7. attempts to sell illegal narcotics;
  8. advocates violent behavior or human trafficking;
  9. poses a reasonable threat to personal or public safety;
  10. contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes;
  11. is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right;
  12. does not generally pertain to the designated topic or theme of any of the User Areas; and
  13. contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation.

You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.

You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.

You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by Hymerhyme.

You agree not to impersonate any person or entity, including, but not limited to, Hymerhyme or any representative of Hymerhyme, or falsely state or otherwise misrepresent your affiliation with any person or entity.

You agree not to represent or suggest, directly or indirectly, Hymerhyme’s endorsement of User Content.

You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally identifiable information about the Site’s users, or posting private information about a third party.

You agree not to upload, post or otherwise transmit any User Content which contains malware, including software or other materials embedded with trojans, rootkits, adware, ransomware, spyware or any other harmful or disruptive code which detracts from the functioning of the Site of the experience of other users.

You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site.

You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

Hymerhyme reserves the right to evaluate any conduct that restricts or inhibits anyone else from using or enjoying the Site. Hymerhyme reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason and without notice.

Hymerhyme does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of User Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using User Areas, you assume all associated risks.

II.III Monitoring

Hymerhyme shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with these Terms of Use and any operating rules established by Hymerhyme to satisfy any law, regulation or authorized government request. Although Hymerhyme has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, Hymerhyme reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense. In addition, Hymerhyme may share personally identifiable information in response to a request from a law enforcement agency, or where we believe it is necessary, or as otherwise required or permitted by law. See our Privacy Policy for further details.

The decision by Hymerhyme to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Hymerhyme in connection with or arising from use by you of User Areas on the Site.

II.IV License to User Content

By submitting User Content to the Site, you automatically grant Hymerhyme the royalty-free, perpetual, irrevocable, non-exclusive license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license, transmit, and/or otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. In the event Hymerhyme licenses your User Content as stand-alone content outside of the Junkie Journal to third parties unaffiliated with Hymerhyme, you are not entitled to compensation unless previously agreed upon in writing with Hymerhyme. You represent and warrant to Hymerhyme that you have the full legal authority to post your User Content , that you own the User Content submitted, and that neither the User Content shall not violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You grant Hymerhyme the right, but not the obligation, to pursue any person or entity that violates your or Hymerhyme’s rights, as outlined in these Terms of Use, to the User Content for legal compensation.

II.V Rights of Attribution or Integrity

If it is determined that you rights of attribution or integrity in the User Content, you hereby declare that

  1. you do not require that any personally identifying information be used in connection with the User Content, or any derivative works;
  2. you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Hymerhyme, its licensees, successors, and assigns;
  3. you forever waive and agree not to claim any entitlement to any and all rights of attribution or integrity of an author in any of the User Content posted to any of the User Areas;
  4. you forever release Hymerhyme, its licensees, successors, and assigns, from any claims to your rights of attribution or integrity; and
  5. you permit any other user to access, view, store or reproduce the your User Content for that user’s personal use.

II.VI Obligations

User Content submitted by you will be considered non-confidential. Hymerhyme is under no obligation to treat such User Content as proprietary information except pursuant to our Privacy Policy. Hymerhyme reserves the right to use any User Content as it deems appropriate including, without limitation, deleting, editing, modifying, or rejecting it. Hymerhyme is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to the Junkie Journal. Hymerhyme shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

III Copyright Ownership

The Site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, blogs, pages, posts, software, applications, ebooks, infographics, photos, videos, graphics, music, and sound clips (collectively, “Digital Media”). All Digital Media of the Site are copyrighted as a collective work under the copyright laws of the United States. Hymerhyme owns copyright in the selection, coordination, arrangement, and enhancement of such Digital Media, as well as in the content original to the Digital Media. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Digital Media on the Site, in whole or in part. You may download the Digital Media for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, transmission, publication or commercial exploitation of the downloaded Digital Media will be permitted without the express written permission of Hymerhyme and the copyright owner. In the event of any permitted copying, redistribution or publication of the copyrighted Digital Media, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading the copyrighted Digital Media.

Notwithstanding the foregoing, you may freely share the copyrighted Digital Media on social networks according to the terms and conditions of their respective owners, as long as a hyperlink to the Site is included in each share. In regards to User Areas, the burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. You are responsible for all User Content submitted from Your Account. Any person, or user, determined by Hymerhyme, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.

IV. Third Party Content

The Junkie Journal may distribute of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of Hymerhyme. Neither Hymerhyme nor any third party guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Sometimes, the content available through the Site may represent the opinions and judgments of the respective user or third party, who may not be under contract with Hymerhyne. Hymerhyme neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will Hymerhyme be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. Hymerhyme is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or story available on the Junkie Journal. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

V. Advertisements and Promotions

Hymerhyme may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Junkie Journal, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Hymerhyme is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements from Third Parties on the Site.

VI. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER HYMERHYME, ITS SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY AND RELIABILITY OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

VII. Limitation of Liability

THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. HYMERHYME IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL HYMERHYME, OR ITS PRESENT OR FUTURE PARENTS, SUBSIDIARIES, OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION OR INACTION ARISING OUT OF THE USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF HYMERHYME OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT HYMERHYME AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.

HYMERHYME DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO HYMERHYME’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THIS SITE.

VIII Indemnification

You agree to defend, indemnify and hold harmless Hymerhyme, its affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you or Your Account. Hymerhyme reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide Hymerhyme with such cooperation as is reasonably requested by Hymerhyme.

VIX Termination

Hymerhyme may terminate or suspend these Terms of Use at any time without any notice. Without limiting the foregoing, Hymerhyme shall have the right to immediately terminate Your Account in the event of any conduct by you which Hymerhyme, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections I – XII shall survive termination of these Terms of Use.

X Trademarks

Hymerhyme, its subsidiaries, and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.

XI Governing Law

The Digital Media on the Site are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of Digital Media, services, and/or technology on or through the Sites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Delaware applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.

XII Miscellaneous

These Terms of Use and any operating rules for the Site established by Hymerhyme constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of Hymerhyme, its subsidiaries, other affiliates, its third parties, and licensors. Each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Site, including its User Areas, from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

Neither Hymerhyme nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation:

  1. fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies;
  2. any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body;
  3. labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; and
  4. an inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

XIII Copyrights

Hymerhyme respects the rights of all copyright holders, and in this regard, Hymerhyme has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hymerhyme the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact the complaining party;
  5. a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Cory J. Cascalheira
Hymerhyme Holdings, LLC
224 Ridgeway Drive
Cataula, GA 31804

Phone:   (706) 987-3440
Email:     corycaaz@hymerhyme.com

For web posting, reprint, transcript or licensing requests for any Digital Media published by the Junkie Journal, please contact corycaaz@hymerhyme.com.

For any questions or requests other than copyright issues or licensing requests, please contact admin@junkiejournal.com.

These Terms of Use were last updated at 16:50 on 28 September 2017.

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