165 lines
11 KiB
HTML
165 lines
11 KiB
HTML
<!DOCTYPE html>
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<html>
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<head>
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<meta http-equiv="Content-Type" content="text/html;charset=utf-8" />
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<meta name="viewport" content="width=device-width, initial-scale=1" />
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<title> Terms of Service
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</title>
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<meta name="generator" content="Org Mode" />
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<link rel="stylesheet" href="./../style.css" type="text/css" media="screen"/>
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</head>
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<body>
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<div id="content" class="sidenav">
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<a href="#org5cd1575">1. Definitions</a>
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<a href="#org6c844e6">2. General</a>
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<a href="#org5a011af">3. Procedure</a>
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<a href="#org6312c2f">4. Image rights</a>
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<a href="#org1d7bee2">5. Payment</a>
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<a href="#orgdeec50c">6. Refund policy</a>
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<a href="#org4411359">7. What I can draw</a>
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<a href="#org3cade63">8. What I don’t draw</a>
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<a href="#org0d1b19d">9. I’ll refuse to draw</a>
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</div>
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<div id="outline-container-org6f666c1" class="main">
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<h2 id="org6f666c1">Terms of Service</h2>
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<div class="outline-text-1" id="text-1">
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</div>
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<div id="outline-container-org5cd1575" class="outline-3">
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<h3 id="org5cd1575">
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<span class="section-number-3">1.
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</span> Definitions
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</h3>
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<div class="outline-text-2" id="text-1-1">
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<ul class="org-li">
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<li>“You, “Your”, “Client”, "Commissioner" refer to the individual or party obtaining a commission and/or merchandise from the artist.
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</li>
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<li>“I”, “Me”, “My”, “Myself” refer to the artist who goes by the alias “Alison Kit” and all of which are used across my social media accounts as described in the url ‘’alisonkit.net’’.
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</li>
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<li>“Commission” refers to the exchange of the commissioner’s money and the work of art made by the artist.
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</li>
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<li>“Work, “work of art”, “artwork” refer to a creation by the artist and its derivatives, made through physical or digital means.
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</li>
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</ul>
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</div>
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</div>
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<div id="outline-container-org6c844e6" class="outline-3">
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<h3 id="org6c844e6">
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<span class="section-number-3">2.
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</span> General
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</h3>
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<div class="outline-text-3" id="text-1-2">
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<ul class="org-ul">
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<li>As the artist, I have the right to refuse any idea deemed unfit for it to be materialized through my art commission service.
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</li>
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<li>I reserve the right to cancel and refund a commission for any reason and at any time.
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</li>
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<li>I reserve the right to decline refunds for finished commissions
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</li>
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<li> I will pursue action for fraudulent chargebacks in the case where the commissioner tries to manipulate payment proccessors like PayPal to get back their payment after the commission has been approved by the commissioner and delivered.
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</li>
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<li>I reserve the right to decline any further modifications to a commission once it has already been finished and given to the commissioner.
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</li>
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<li>I will not refuse service to anyone based on race, ethnicity, nationality, disability, sex, gender, sexual orientation, or religion.
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</li>
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<li>I will not draw intellectual property the comissioner has no rights to use (such as characters the commissioner doesn’t have authorization to use)
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</li>
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<li>If the commissioner acts in a rude or uneducated manner, asks me to start the commission process before any payment is given, or insists on adding unlawful content to the commission, I will cancel the commission and send a note regarding the cancellation.
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</li>
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</ul>
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</div>
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</div>
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<div id="outline-container-org5a011af" class="outline-3">
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<h3 id="org5a011af"><span class="section-number-3">3.</span> Procedure</h3>
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<div class="outline-text-3" id="text-1-3">
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<ul class="org-ul">
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<li>The client will contact me via email with details regarding their idea for a commission. I will review it and we will start negotiating the commission details.</li>
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<li>Once me and the commissioner have discussed the details of the commission, I will send an invoice to the client, detailing the price, delivery time and terms of service (if it's physical art or merchandise, shipping details will be negotiated). As soon as the client pays, I will start creating the artwork.</li>
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<li>The client has the right to request updates througout the commission process.</li>
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<li>At some point during the commission process, I will send the client a layout sketch detailing the general visual idea of what the final product will look like. This is so that the client knows what they are obtaining and so that they can request any minor changes or mistakes to be fixed.</li>
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<li>After this layout sketch has been approved, I will start rendering the final artwork, and any new change requests may be subject to additional fees since making new changes at this stage generally present more time and effort to incorporate.</li>
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<li>Once the artwork is complete, it will be sent digitally to the client. In the case where it’s physical artwork, a digital copy will be sent and the physical artwork/merchandise will be sent right after. After this the commission process has been completed.</li>
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<li>If the client wishes to do so, they can request minor edits to the commission (no more than 15% of the artwork) after the commission process has finished.</li>
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</ul>
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</div>
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</div>
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<div id="outline-container-org6312c2f" class="outline-3">
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<h3 id="org6312c2f"><span class="section-number-3">4.</span> Image rights</h3>
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<div class="outline-text-3" id="text-1-4">
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<ul class="org-ul">
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<li>The artwork’s copyright remains with me by default. This includes but is not limited to, the following: the right to distribute, publish, alter the artwork as I wish, as well as to distribute it non-commercially or commercially.</li>
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<li>Any intellectual property (Example: Characters, Logos, etc) not created my me will remain their respective owner’s property, whether it’s the commissioner or a third party. I assume I am only granted permission to use these characters.</li>
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<li>The commissioner and any third parties directly involved (such as people whose characters are featured in the artwork) have the right to use and repost any commissioned artwork for non-commercial use without my written permission.</li>
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<li>My signature must be intact and present when distributing an entire piece of my work.</li>
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<li>You may not claim ownership of the commissioned piece of work if we have not reached an agreement for you the comissioner to own additional rights to the artwork than those previously mentioned.</li>
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<li>Full rights to my artwork may be acquired for an additional fee, which can be negotiated. My artwork may also be used for commercial distribution and/or use with a royalty agreement.</li>
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<li>All of my artwork cannot be used for NFT’s (Non-Fungible Tokens), AI Image Generators (such as Dall-E, MidJourney), or to facilitate any kind of hateful speech. I do not consent the use of my artwork in any of these scenarios or tools.</li>
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</ul>
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</div>
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</div>
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<div id="outline-container-org1d7bee2" class="outline-3">
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<h3 id="org1d7bee2"><span class="section-number-3">5.</span> Payment</h3>
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<div class="outline-text-3" id="text-1-5">
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<ul class="org-ul">
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<li>Payment is made through arty.ooo, a platform for managing commissions. This allows the client to pay using PayPal or a Credit/Debit Card.</li>
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<li>Prices are not negotiable right after a set price has been established and approved by me and the client.</li>
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<li>I reserve the right to add additional charges for extensive edits to a commissioned after the client has approved the initial layout sketch.</li>
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<li>Payment is accepted full-front only, given how Arty operates.</li>
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<li>The finished artwork will be given to the customer upon completion and will be given a copy of the work in its original resolution.</li>
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</ul>
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</div>
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</div>
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<div id="outline-container-orgdeec50c" class="outline-3">
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<h3 id="orgdeec50c"><span class="section-number-3">6.</span> Refund policy</h3>
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<div class="outline-text-3" id="text-1-6">
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<ul class="org-ul">
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<li>Commissioners may ask for a full refund If I fail to give the comission before the established date of delivery detailed in the invoice or any email communication made after (reasons upon failure of completion will be explained to the commissioner.)</li>
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<li>Comissioners cannot ask for a refund after the comission process has been completed, since the artwork has been delivered and approved.</li>
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<li>Refunds requested through services like arty.ooo are processed according to their terms of service.</li>
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<li>In any case where a physical item is damaged or lost during shipping, a replacement or refund can be negotiated.</li>
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</ul>
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</div>
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</div>
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<div id="outline-container-org4411359" class="outline-3">
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<h3 id="org4411359"><span class="section-number-3">7.</span> What I Can Draw</h3>
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<div class="outline-text-3" id="text-1-7">
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<ul class="org-ul">
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<li>Anthro/Furry</li>
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<li>Human</li>
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<li>Blood</li>
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<li>Derivative/Transformative concepts from existing media that fall under fair use.(For example, Pokemon OC’s)</li>
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<li>Light drug use (Alcohol, Smoking, legal substances)(must be 18 years or older to receive this kind of art)</li>
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<li>Casual/Artistic Nudity (must be 18 years or older to receive this kind of art)</li>
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<li>Kink (If it’s a Risk-Aware Consensual Kink, please ask!)</li>
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<li>NSFW artwork (must be 18 years or older to request and receive this kind of art, only anthro)</li>
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</ul>
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</div>
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</div>
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<div id="outline-container-org3cade63" class="outline-3">
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<h3 id="org3cade63"><span class="section-number-3">8.</span> What I don’t Draw</h3>
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<div class="outline-text-3" id="text-1-8">
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<ul class="org-ul">
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<li>Extreme inflation or muscle</li>
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<li>Hardcore Gore/Vore (Example: being mutilated or eaten alive in a very gruesome and realistic way)</li>
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<li>The art style of an established franchise (For example, MLP/Sonic style)</li>
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<li>The art style of another artist</li>
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<li>Any third party copyrighted character commissioned for profitable purposes (any fan-art or depiction of a trademarked character that does not fall under fair use is strictly for non-profit purposes.)</li>
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</ul>
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</div>
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</div>
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<div id="outline-container-org0d1b19d" class="outline-3">
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<h3 id="org0d1b19d"><span class="section-number-3">9.</span> I’ll refuse to draw under any circumstances:</h3>
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<div class="outline-text-3" id="text-1-9">
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<ul class="org-ul">
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<li>Extreme fetishes (scat, diapers, vomit, etc.)</li>
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<li>Anything illegal or immoral (Pedophilia, Zoophilia, Bestiality, Incest, Rape), including anything that enables these sorts of actions</li>
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<li>Hateful speech, symbols or ideology (this includes racism, homophobia, transphobia, xenophobia, ableism, fascism, etc.)</li>
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</ul>
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</div>
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</div>
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</div>
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</div>
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<div id="postamble" class="main">
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<p class="date">Last Updated: 2024-07-03 Wed 09:20</p>
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</div>
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</body>
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</html>
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