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1.1 Your use of Socialbakers' products, services and web sites (referred to collectively as the “Service or Services” in this document and excluding any services provided to you or your employees by Socialbakers under a separate written agreement) is subject to the terms of a legal agreement between you and Socialbakers (as defined below in Section 18.1) contained in this document and/or any other document expressly referred to herein. The Services are accessed through Socialbakers’ proprietary software application(s) (referred to as the “Software” below) hosted at its web platform at www.socialbakers.com and consist in a single log-in, centralised web dashboard that enables you to access data, metrics and analytics from public social profiles published on multiple social networks. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Socialbakers, your agreement with Socialbakers will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.4 The Universal Terms, together with your Binding Order which contains the Payment Terms and any related additional Specific Terms applicable to your subscription, form a legally binding agreement between you and Socialbakers in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Binding Order or Specific Terms say and what the Universal Terms say, then the Binding Order (Specific Terms) shall take precedence in relation to that Service.
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by signing a written copy of the Terms and delivering it to Socialbakers.
2.2 You may not use the Services and may not accept the Terms if (A) you are not of legal age to form a binding contract with Socialbakers; (B) when signing on behalf of an entity, you are not authorized to legally bind your company or organization to such terms; or (C) you are a person or entity barred from receiving the Services under the laws of the Czech Republic or other countries including the country in which you are resident or from which you use the Services.
2.3 The Services are provided by Socialbakers for consideration. The prices applicable to your use of the Services are stipulated in your Binding Order which defines your Payment Terms. Socialbakers will invoice you for the Services in accordance with the terms stipulated in your Payment Terms.
2.4 Socialbakers is not responsible for the payment processing provided by any third party.
2.5 Each party will be responsible for payment of any taxes applicable to its own income and activities in connection with the Services.
3.1. The Terms are provided in English. If Socialbakers has provided you with a translation of the English language version of the Terms, you agree that the translation is provided only for your convenience, and that the English language versions of the Terms will govern your relationship with Socialbakers.
3.2 If there is any contradiction between what the English language version of the Terms and the translation, the English language version shall take precedence.
4.1 Socialbakers may have subsidiaries and affiliated legal entities in other countries. At times, these companies may provide the Services to you on behalf of Socialbakers itself. You acknowledge and agree that subsidiaries and affiliates will be entitled to provide the Services to you. Where Services are provided by Socialbakers’ subsidiaries or affiliates, Socialbakers will remain ultimately responsible for the provision of Services hereunder.
4.2 Socialbakers is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Socialbakers provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Socialbakers may permanently or temporarily stop providing the Services (or any features within the Services) to you or to users generally at Socialbakers' sole discretion, without prior notice to you. If you have pre-paid the Services for a fixed period of time and (A) Socialbakers stops providing the Services for any reason other than your breach pursuant to Section 12.3 A or legal requirement pursuant to Section 12.3 B; or (B) you terminate the Terms for Socialbakers’ material breach pursuant to Section 12.3 A; Socialbakers will refund to you pro-rata the corresponding fees for Services already paid by you equivalent to the part or remainder of the term in which you will not use the Services.
4.4 You understand and agree that Socialbakers may at its full discretion disable access to your account for (i) non-payment or (ii) other breach of the Terms if such breach is material, and that in such case you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. If your access to the Services had been disabled for non-payment or other (material) breach of the Terms, and subsequently was reactivated (e.g. after the breach had been cured), you still remain obliged to pay the Services fees for the entire subscription term including the period for which you could not access the Services as a result of your default; you will not be entitled to any compensation or refunds (whether monetary or in the form of extra days of Services / extended subscription term) for the period for which you could not use the Services. Such de-activation of Service shall not be considered a breach of any SLA terms (if such are applicable). Futher, the foregoing is without prejudice to Socialbakers’ right to terminate the legal agreement embodied in the Terms for material breach pursuant to Section 12.3 of the Terms.
5.1 In order to access certain Services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Socialbakers will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (A) the Terms; (B) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU, the United States or other relevant countries); and (C) any other applicable rules (including, without limitation, Facebook and Twitter rules).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Socialbakers, unless you have been specifically allowed to do so in a separate agreement with Socialbakers.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Socialbakers, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you will not engage in any activity that may amount to the misuse of our Services or that seeks to circumvent the Services’ terms. For example, if Socialbakers provides you with any portion of a Service for free (as part of a trial, pilot or otherwise), you may not engage in data mining or other excessive use of the Service, beyond what is permitted by the free Service (and as advertised for that free Service at the time of the relevant promotion). Socialbakers reserves the right to limit the customer’s activity on any of its free Services for any reason and without notice.
5.7 You agree that you are solely responsible for (and that Socialbakers has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Socialbakers may suffer) of any such breach.
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
6.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Socialbakers immediately at info at Socialbakers dot com.
6.4 Socialbakers uses Facebook Connect, “Sign in with Twitter”, and other authentication methods for authorization of users. If your Facebook account, Twitter account, or any other account used for registration and/or signing in the Services is deleted or nonfunctional you may no longer be able to access the Services.
7.3 You agree that Socialbakers' servers may automatically record information when you visit our website or use some of our products, including the URL, IP address, browser type and language, and the date and time of your request. This helps us analyze usage of the system for further improvements and our health metrics. Other information, such as browser and language, are gathered by software which we use for site monitoring.
7.4 You agree that Socialbakers may also share personal data with third parties in limited circumstances, including when complying with legal process, enforcing or defending our legal rights, preventing fraud or imminent harm, and ensuring the security of our network and services, provided that in such circumstances Socialbakers will only share the limited personal information that is required to be shared in the unique situation.
7.5 You agree that Socialbakers may contact you in the future regarding their Services.
7.6 To the extent you are a data controller (within the meaning of the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data) with respect to any personal data that you provide us in connection with the Services (if any), you (A) instruct us to process such data for the purpose of providing the Services to you and informing you about Socialbakers’ Services and their features; this may include troubleshooting aimed at preventing, detecting and repairing problems affecting the operation of the Services and the improvement of features that involve the detection of, and protection against, emerging and evolving threats to the user (such as malware or spam); and (B) authorize us to use such data for the purposes and in the scope described in Section 7.1 through 7.5 above.
7.7 Socialbakers has implemented and will maintain appropriate technical and organizational measures, internal controls, and information security routines in accordance with good industry practice and having regard to the state of technological development to protect your data against accidental loss, destruction, or alteration; unauthorized disclosure or access (including but not limited to taking reasonable steps to ensure the reliability of employees having access to your data and providing for limited access rights and access controls; authentication; personnel training; regular back up; data recovery and incident management procedures; restrictions on storing, printing and disposal of personal data; software protection of devices on which personal data are stored; etc.); or unlawful destruction. Upon request, Socialbakers will provide further details about the measures implemented by Socialbakers and its data service providers. Data collected from you may be transferred to, and stored and processed in, the United States or any other country in which Socialbakers or its affiliates, or Socialbakers’ subcontractors, suppliers or vendors maintain facilities, subject to Socialbakers implementing such appropriate legal mechanisms as required by EU law to ensure an adequate level of personal data protection by the third-party processors, such as the controller-to-processor Standard Contractual Clauses approved by the European Commission (2010/87/EU) for data transfers from the EU to the USA and other third countries.
7.8 By providing any data (including personal data) to Socialbakers while using the Services, you declare that you have all necessary consents, permissions or registrations to process the provided data in this way. Socialbakers is not liable for any misprocessing of data that could occur by your provision of the data to Socialbakers.
7.9 You acknowledge that apart from any personal data collected from you Socialbakers may process and utilize any personal data concerning you (or your users if you are an entity) or any third party that you, your users or any such third party have chosen to make public, e.g. through Facebook or other social network APIs. The use of such publicly available data is typically governed by the terms applicable to the service or network through which the data were made publicly available and such data may typically be used, accessed by and shared with third parties.
7.10 You agree that Socialbakers may use aggregated and anonymised data derived from the data provided by you or collected by the program analytics in its own statistics, for auditing, for the purposes of product and market research and analytics (which help Socialbakers to improve its products and the range of products and to develop new technologies, products and services), for benchmarks and other analyses, and to publish and share them with third parties outside of Socialbakers. Socialbakers will not directly or indirectly transfer any data received from you to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising or monetization related toolset.
8.1 You understand that all information such as, without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, and videos or other images (all such information being hereinafter referred to as the “Content”) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services (if any), may be protected by intellectual property rights owned by the sponsors or advertisers who provide such Content to Socialbakers (or by other persons or companies on their behalf), and that the Content may include sensitive personal data. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content (either in whole or in part), unless you have been specifically told that you may do so by Socialbakers or by the owners of that Content, in a separate agreement.
8.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.4 You agree that you are solely responsible for (and that Socialbakers has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Socialbakers or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold Socialbakers harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by Socialbakers as a result of or in connection with your breach of any third party’s intellectual property or similar rights.
9.1 You acknowledge and agree that Socialbakers (or Socialbakers' licensors) owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Socialbakers and that you shall not disclose such information without Socialbakers' prior written consent.
9.2 Unless you have agreed otherwise in writing with Socialbakers, nothing in the Terms gives you a right to use any of Socialbakers' trade names, trademarks, service marks, logos, domain names and any other distinctive brand features. For the avoidance of doubt, if any Service’s deliverables such as reports generated by you through the use of the Service include Socialbakers’ trade name, trademark, service mark, logo, domain name or other distinctive Socialbakers’ brand features, their use in connection with that report or other deliverable is permitted and Section 9.4 below shall apply.
9.3 Other than the limited license set forth in Sections 7 and 11, Socialbakers acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Socialbakers, you agree that you are responsible for protecting and enforcing those rights and that Socialbakers has no obligation to do so on your behalf.
9.4 You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.5 Unless you have been expressly authorised to do so in writing by Socialbakers, you agree that, in connection with the Services, you will not use any trade mark, service mark, trade name, logo of any third-party company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
9.6 Socialbakers shall indemnify and hold you harmless against all claims and all direct liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by, you as a result of or in connection with any actual and proven infringement by Socialbakers of any third party's intellectual property rights. The claims against Socialbakers based on this clause 9.6 can be brought within one (1) year from the expiry or termination of your relationship with Socialbakers.
10.1 Socialbakers gives you a worldwide, royalty-free, non-assignable and non-exclusive right and licence to access and use the Services through the Software, on a subscription basis, for the term and in the scope stipulated in your Binding Order or a similar document incorporating the Terms. This licence is for the sole purpose of enabling you (users within your organization, as designated on your Binding Order or a similar document incorporating the Terms) to use and enjoy the benefit of the Services as provided by Socialbakers, in the manner permitted by the Terms and the Binding Order. You acknowledge that this is a service agreement and we will not be delivering copies of the Software to you as part of the Services.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software underlying the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Socialbakers in writing. You may not access and/or use the Service and the underlying Software in order to build a similar or competitive product.
10.3 Unless Socialbakers has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights, grant a security interest in or over your rights, or otherwise transfer any part of your rights granted hereunder.
11.1 You retain copyright and any other intellectual property rights you already hold in Content which you submit, post or display on or through the Services. By submitting, posting or displaying the Content on or through, the Services, you give Socialbakers a worldwide, royalty-free, and non-exclusive licence for the term of the Services to use, reproduce, adapt, modify, and publish (on your behalf and pursuant to your instructions) on social networks any Content which you submit, post or display on or through the Services. The licence granted in this Section 11.1 is for the sole purpose of enabling Socialbakers to display, distribute and promote the Services to you.
11.2 If you provide, as part of your use of Socialbakers’ Services or as part of the Content which you submit, post or display on or through the Services, any photograph or other materials protected by personality or privacy rights, you specifically agree that Socialbakers may use such photograph or other materials for the sole purposes of providing the Services.
11.3 You understand that Socialbakers, in performing the required technical steps to provide the Services to you, may (A) transmit or distribute your Content over various public networks and in various media; and (B) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Socialbakers to take these actions.
11.4 You confirm and warrant to Socialbakers that you have all the rights, power and authority necessary to grant the above licence.
12.1 The Terms will continue to apply during the term stipulated in your Binding Order or other similar document incorporating the Terms, or, if no such term is stipulated, until terminated by either you or Socialbakers as set out below.
12.2 During the agreement term stipulated in your Binding Order, each party may only terminate the Terms for reasons stipulated in Section 12.3.
12.3 Each of the parties may at any time terminate the legal agreement embodied in the Terms if (A) the other party has materially breached any provision of the Terms (or has acted in a manner which clearly shows that it does not intend to, or is unable to comply with the provisions of the Terms); or (B) a party is required to do so by law (for example, where the provision of the Services is or becomes unlawful); in addition, Socialbakers may at any time terminate the legal agreement embodied in the Terms if (C) the partner with whom Socialbakers offered the Services to you or whom Socialbakers uses or whose cooperation Socialbakers needs in order to offer the Services to you, has terminated its relationship with Socialbakers or ceased to offer the Services to you; or (D) Socialbakers is transitioning to no longer providing the Services to users in the country in which you reside or from which you use the Services; or (E) the provision of the Services to you by Socialbakers is, in Socialbakers' opinion, no longer commercially viable. For the purposes of the Terms, your failure to make timely payments under the Terms and/or your Bindning Order will be considered a material breach of the Terms if the due amount remains unpaid (fully or partially) more than 90 days after the payment due date. In the event you terminate the agreement for a material breach by Socialbakers as described in (A) above, or if Socialbakers ceases to provide any part or all of the Services during the agreement term for reasons stipulated in (C), (D) or (E) above, you shall not be required to make any payments for Services beyond the date of when you terminated the agreement or when Socialbakers ceased to provide the Services (as applicable). In the event you prepaid the Services, Socialbakers shall in such cases refund the pro-rata proportion of the pre-paid monthly fee.
12.4 Nothing in this Section 12 shall affect Socialbakers' rights regarding provision of Services under Section 4 of the Terms.
12.5 When your legal agreement with Socialbakers comes to an end, all of the legal rights, obligations and liabilities that you and Socialbakers have benefited from, been subject to (or which have accrued over time whilst your legal agreement with Socialbakers has been in force) and/or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 18.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
12.6 Further, you understand and agree that if you, despite the termination or expiration of your legal agreement with Socialbakers for any reason, continue using the Services (e.g. in a situation when your fixed-term order for the Services expires), the terms and conditions contained in the Terms (including the Payment Terms) will continue to apply, and you undertake to pay for the use of the Services by you or your employees in accordance with the Payment Terms.
13.1 The Services are provided “as is” and Socialbakers, its subsidiaries and affiliates, and its licensors give you no warranty with respect to them.
13.2 In particular, Socialbakers, its subsidiaries and affiliates, and licensors do not represent or warrant to you that (A) your use of the Services will meet your requirements; (B) your use of the Services will be uninterrupted, timely, secure or free from error; (C) any information obtained by you as a result of your use of the Services will be accurate or reliable; and (D) that defects in the operation or functionality of any Software used to provide the Services will be corrected.
13.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
13.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
14.1 Nothing in these Terms shall exclude or limit Socialbakers' liability for losses which may not be lawfully excluded or limited by applicable law.
14.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, SOCIALBAKERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES), DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THESE TERMS, THE SERVICES, MATERIALS, OR THE FAILURE TO PERFORM OUR OBLIGATIONS.
14.3 Subject to overall provision in Section 14.1 above, Socialbakers, its subsidiaries and affiliates, and its licensors shall not be liable to you for any indirect or consequential losses which may be incurred by you. Indirect and consequential losses shall include (A) any loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, or any loss of data suffered by you; (B) loss or damage which may be incurred by you as a result of (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (ii) any changes which Socialbakers may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services; (iii) your failure to provide Socialbakers with accurate account information; (iv) your failure to keep your password or account details secure and confidential.
14.4 The limitations of Socialbakers' liability to you in Section 14.3 above shall apply whether or not Socialbakers has been advised of or should have been aware of the possibility of any such losses arising.
14.5 Except for liabilities arising out of Socialbakers’ indemnification obligations under Section 9.6 above, Socialbakers' liability for damage incurred by you as a result of or in connection with the Services shall be limited to direct damages up to the amount you paid to Socialbakers for the Services giving rise to that liability during the last three months before the occurrence of Socialbakers' liability (or amount corresponding to a three-month Service fee, as applicable). Socialbakers and you agree that this limitation reflects the damage that can be foreseen at the time of conclusion of this legal agreement between you and Socialbakers, taking into account all circumstances the parties know or should know while exercising due care and that can arise from a breach of Socialbakers’ obligations under these Terms.
15.1 Some of the Services, in particular free Services, may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
15.2 The manner, mode and extent of advertising by Socialbakers on the Services are subject to change without specific notice to you.
15.3 In consideration for Socialbakers granting you access to and use of the Services, you agree that Socialbakers may place such advertising on the Services.
16.1 The Services may include hyperlinks to other web sites or content or resources. Socialbakers has no control over any web sites or resources which are provided by companies or persons other than Socialbakers.
16.2 You acknowledge and agree that Socialbakers is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16.3 You acknowledge and agree that Socialbakers is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources. In addition, you acknowledge and agree that Socialbakers is not liable for any damage which may be incurred by you as a result of any reliance you may have placed on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites or resources.
17.1 Any changes to the Terms shall be made by a written amendment and shall be effective once both parties have signed such amendment.
18.1 “Socialbakers” or “we” means Socialbakers a.s., whose principal place of business is in Pilsen, Pod Všemi svatými 427/17, Severní Předměstí, postal code 301 00, Czech Republic. “You” means the entity or individual that is entering in to the legal agreement for the Services with us and that is identified on the Binding Order (or this agreement, if applicable).
18.3 The Terms constitute the whole legal agreement between you and Socialbakers and govern your use of the Services (excluding any services which Socialbakers may provide to you under a separate written agreement), and completely replace any prior agreements between you and Socialbakers in relation to the Services.
18.4 You agree that Socialbakers may provide you with notices by email, regular mail, or postings on the Services website.
18.5 The parties agree that if one of them does not exercise or enforce any legal right or remedy which is contained in the Terms (or which such party has the benefit of under any applicable law), this will not be taken to be a formal waiver of such party’s rights and that those rights or remedies will still be available to it.
18.6 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
18.7 The Terms, and your relationship with Socialbakers under the Terms, shall be governed by Czech law. You and Socialbakers agree to submit to the exclusive jurisdiction of the courts of the Czech Republic to resolve any legal matters arising from the Terms and the venue of the court of first instance shall be Prague 1 or the Municipal Court in Prague, as applicable. Notwithstanding this, you agree that Socialbakers shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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