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TERMS AND
CONDITIONS OF MEMBERSHIP
You must read and agree to
these terms and conditions before you can become an active competitor of Random
Acts. Please read them carefully.
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For good and valuable
consideration, the sufficiency of which is acknowledged by you and the Artist,
you hereby agree to become a possible competitor on Random Acts, and agree to
be bound by all the terms and conditions set forth in this agreement (the
"Agreement"). The parties to this Agreement are you, the Competitor, and
Random Acts. Subject to the terms and conditions set forth in this Agreement,
the Artist agrees to provide to you all the privileges of subscription to
Random Acts available to a Competitor in good standing. This Agreement is
subject to change by Artist at any time, and changes are effective upon notice
to the Competitor by e-mail, posting at or via hyperlink to Random Acts, or by
mail.
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ALL MATERIALS,
INCLUDING IMAGES, AND OTHER COMMUNICATIONS, PRODUCED AT RANDOM ACTS ARE
INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING MEMBERS OF THE PUBLIC IN
LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS PRODUCED BY
RANDOM ACTS DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR
LOCAL LAW OR REGULATION OF THE UNITED KINGDOM OF GREAT BRITAIN OR ANY OTHER
COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR
INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF RANDOM ACTS WITHOUT SPECIFIC
PARENTAL WRITTEN CONSENT OFFERED TO THE ARTIST BEFORE PRODUCTION. YOU HEREBY
ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM
www.angelfire.com/art2/liamwilson INCLUDE VISUAL, AUDIO, AND/OR TEXTUAL
DEPICTIONS OF ARTISTIC INTERPRETATIONS AND REPRESENTATIONS, AND THAT YOU ARE
FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH
MATERIALS.
YOU HEREBY FURTHER AFFIRM AND
WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND ARE CAPABLE
OF LAWFULLY ENTERING INTO THIS AGREEMENT.
Or a guardian is capable of entering into this agreement on your behalf.
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I acknowledge and agree
that all materials contained at Random Acts are proprietary and constitute
valuable intellectual property. I acknowledge and agree that as such, I may
only access, view, download, receive and otherwise use the materials available
at Random Acts only as authorized by the Artist. I agree that I shall at no
time access, view, download, receive or otherwise use, or cause or enable
others to access, view, download, receive or otherwise use materials, directly
or indirectly in places which the Artist does not authorize such access,
viewing, downloading, receipt or other use. I hereby acknowledge and agree
that no materials from any parts of Random Acts are authorized, and no
materials are intended, by the Artist to be accessed, viewed, downloaded or
used by, or transmitted, broadcast or otherwise disseminated to any person or
entity located in any and all areas prohibited by law. I agree that any and
all unauthorized access, viewing, downloading, receipt, duplication or other
use of materials from Random Acts, in which I am directly or indirectly
involved, including, but not limited to accessing, viewing, downloading,
receiving or other use of materials in PROHIBITED AREAS in any manner shall
constitute intentional infringement(s) of Random Acts's and potentially
other's intellectual property rights and other rights in such materials and
shall further constitute a violation of Random Acts's trademark and other
rights, including, but not limited to, rights of privacy.
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I agree to be personally
liable and fully indemnify Random Acts for any and all damages directly,
indirectly and/or consequentially resulting from my attempted or actual
unauthorized downloading or other duplication of materials from Random Acts
alone, or with or under the authority of, any other person(s), including,
without limitation, any governmental agency(ies), wherein such damages
include, without limitation, all direct and consequential damages directly or
indirectly resulting from unauthorized downloading of materials from Random
Acts including, but not limited to, damages resulting from loss of revenue,
loss of property, fines, attorney's fees and costs, including, without
limitation, damages resulting from prosecution and/or governmentally imposed
seizure(s), forfeiture(s), and/or injunction(s).
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Some or all of the
following fees and charges may be incurred by the Competitor:
a. Fees and/or charges for
goods and services ordered at, through and/or from Random Acts and its
licensees.
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Subscriptions may not be
assigned or transferred to any other person or entity. Competitor must
promptly inform the Artist of the following: changes in the expiration date of
any credit card used in connection with Random Acts; changes in home or
billing address; and apparent breaches of security, such as loss, theft, or
unauthorized disclosure or use of an ID or password. Until Artist is notified,
by conventional mail, or by telephone to Random Acts's Customer Service
Department at 01773 778924, during normal business hours of a breach in
security, the Competitor will remain liable for any unauthorized use of Random
Acts. Upon request, Competitors will be given access to billing records that
support charges for use of the Random Acts.
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Payment for the services
provided to you at and/or through Random Acts may be made by automatic credit
card or check debit and you hereby authorize Artist and its agents to transact
such payments on your behalf. You agree not to report as lost or stolen any
credit card which you have used in conjunction with payment to Random Acts, or
as unauthorized any charge by Random Acts, for any goods or services,
including subscription, for which you do not have good reason to believe is,
in fact, lost, stolen or unauthorized. You hereby agree that any such
fraudulent reporting of a lost or stolen credit card used to obtain goods or
services from Random Acts or any fraudulent reporting of an unauthorized
charge to Random Acts on your credit card which has been made by you or anyone
under your authority, at a time when a charge or other obligation for payment
for goods and/or services to Random Acts remains outstanding at the time of
such fraudulent reporting, you shall be liable to Random Acts for liquidated
damages of £25,000.00. The liability for liquidated damages specified in this
Paragraph shall not limit any other liability you may have for breach(es) of
any other terms, conditions, promises and warranties set forth in this
Agreement.
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Subscription to Random
Acts may be terminated at any time, and without cause, by either Artist or
Competitor upon notification of the other by electronic or conventional mail,
or by telephone. You agree to be personally liable for all charges incurred by
you during or through the use of Random Acts. Your liability for such charges
shall continue after termination of your membership for any reason.
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Subject to the terms and
conditions set forth herein, Random Acts hereby grants you a limited,
non-exclusive and non-transferrable license to use graphic files, audio files,
video files, text, hyperlinks, interlinks, search engines, and other software
associated with authorized Competitor use of Random Acts which Artist provides
("Materials") during the period in which you are a current Competitor in good
standing. You may use the Materials only in accordance with the terms and
conditions of your membership, only on one computer at a time and, if
downloadable copies of the Materials are made available by Random Acts, you
may make only a single copy of such Materials for your personal use and
enjoyment. You may not remove any propriety notices from Materials at any
time. You may make no use of Materials not expressly authorized herein or by
prior express written authorization from Artist. Prohibited uses, include,
without limitation: (1) permitting other individuals to directly or indirectly
use the Materials; (2) modifying, translating, reverse engineering,
decompiling, disassembling the Materials (except to the extent applicable laws
specifically prohibit such restriction); (3) making copies or creating
derivative works based on the Materials except as provided herein; (4)
renting, leasing, or transferring any rights in the Materials; (5) removing
any proprietary notices or labels on the Materials; and (6) making any other
use of the Materials. This license does not grant you any rights to any
software enhancements or updates of any kind.
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Except for public domain
material or material otherwise licensed to Artist for electronic
dissemination, all Materials displayed at or otherwise available through
Random Acts are proprietary, and, except for initial downloading, may not be
copied, redistributed, or downloaded, in whole or in part, without the prior
written authorization of Artist. All editions of Random Acts, and all
Materials and other matter used directly or indirectly in, at, by, through
and/or with Random Acts are protected by the copyright laws of the United
States, international copyright treaties and other laws and regulations. All
rights are reserved. All intellectual property and other rights in and to the
Materials and other matter at Random Acts shall at all times remain in Artist,
its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual
property and other rights in and to any intellectual property content accessed
through the Materials is the property of the applicable content owner, which
may be the Artist, its parent(s), subsidiary or subsidiaries, licensee(s) and
assign(s), or others, and may be protected by applicable copyright and/or
other laws. The limited and non-exclusive license granted to you herein grants
to you no rights to use such content except as set forth herein. This license
will immediately terminate automatically if you fail to comply with the
limitations described herein, breach any other provision of this Agreement,
cease, for any reason, to be a Competitor in good standing, or are notified of
its termination by the Artist or its authorized agent(s). You agree that upon
such termination, you will immediately destroy all copies of the Materials in
your possession.
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You agree that Materials
and all other services provided to you by Artist are provided on an "AS IS"
basis, without warranties of any kind, including without limitation the
warranties of merchantability, fitness for a particular purpose and
non-infringement. The entire risk as to the quality and performance of the
Materials and all services provided by Artist is borne by you. Should the
Materials or any other service provided by Artist prove defective and/or cause
any damage to your computer or inconvenience to you, you, and not Artist,
assume the entire cost and all damages which may result from any and all such
defects. This disclaimer of warranty constitutes an essential part of the
Agreement. Some states do not allow exclusions of an implied warranty, so this
disclaimer may not apply to you and you may have other legal rights that vary
from state to state or by jurisdiction. Under no circumstances and under no
cause of action or legal theory, shall Artist, its suppliers, licensees,
resellers, or other Competitors, or their suppliers, licensees, resellers or
Competitors be liable to you or any other person for any indirect, special,
incidental, or consequential damages of any character including, without
limitation, damages for loss goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages resulting from any use of
Materials or other use of Random Acts.
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Artist does not screen or
endorse advertisements or communications submitted to Random Acts by
third-party licensees, advertisers, or Competitors for electronic
dissemination through Random Acts. Competitors are therefore advised to use
their own judgment to evaluate all advertisements and other communications
available at or through the use of Random Acts prior to purchasing goods
and/or services described at Random Acts or otherwise responding to any
communication at Random Acts.
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Any liability of Artist,
including without limitation any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to,
alteration of, or use of records, whether for breach of contract, tortious
behavior, negligence, or under any other cause or action, shall be strictly
limited to the amount of membership fee paid by or on behalf of the Competitor
to Artist for the preceding month. Some states do not allow the limitation or
exclusion of liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
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Artist is not liable for
damages resulting from disseminating, failing to disseminate, or incorrectly
or inaccurately disseminating any Materials, data, advertisement or other
communication at or through Random Acts.
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No warranty is made by
Artist regarding any information, services, Materials or products provided
through or in connection with the Random Acts, and Artist hereby expressly
disclaims any and all warranties, including without limitation: 1) any
warranties as to the availability, accuracy, or content of Materials,
information, products, or services; 2) any warranties of merchantability or
fitness for a particular purpose. Some states do not allow the exclusion of
implied warranties, so the above exclusion may not apply to you.
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"Random Acts" is a service
mark of Random Acts, INCORPORATED. All rights are reserved.
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All materials included at
Random Acts are for the private use by Competitors only. No other uses are
intended by the Artist and any other use is strictly prohibited.
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If the Artist should at
any time provide any service which enables Competitors to communicate with or
otherwise share information with other Competitors or persons providing any
kind or service to Competitors, you agree not to submit, publish, display,
disseminate, or otherwise communicate any defamatory, inaccurate, abusive,
threatening, offensive, or illegal material while connected to or otherwise
directly or indirectly using Random Acts or other services provided to you by
Artist. Transmission of such material or any material that violates any
federal, state, or local law in the United States or anywhere else in the
world, is strictly prohibited and shall constitute a material breach of this
Agreement entitling Artist to immediately terminate all rights to access to
Random Acts. You are solely responsible for all information which you submit,
publish, display, disseminate or otherwise communicate through Random Acts
even if a claim should arise after termination of service. If the Artist
provides any such service described herein, you agree that all messages and
other communications by you shall be deemed to be readily accessible to all
other Competitors who are authorized to access Random Acts and agree that all
such messages and other communications shall not be deemed to be private or
secure. Regardless of whether the Artist provides any type of service
described herein, you agree that you have hereby been informed and noticed
that any and all messages and other communications which you submit to Artist
directly or through Random Acts can be read by the operators and/or other
agents of Artist, whether or not they are the intended recipient(s).
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Notices from Random Acts
to Competitors may be given by means of e-mail, by general posting on Random
Acts, or by conventional mail. Communications from you to the Artist may be
made by e-mail, conventional mail or telephone. All questions, complaints, or
notices to Random Acts may be sent in the following manner:
a. by telephone to
Random Acts's Customer Service Department during normal business hours to
01773 778924.
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This Agreement contains
the entire agreement between the Competitor and Artist regarding Competitors'
use of Random Acts, Materials and all materials directly and indirectly
related thereto. This Agreement supersedes all prior written and oral
understandings, writings, and representations and may only be amended upon
notice by Artist. This Agreement shall be governed by and construed under the
laws of the State of California and the United States as applied to agreements
between California state residents entered into and to be performed within the
State of California, except as governed by Federal law. The application of the
United Nations Convention of Contracts for the International Sale of Goods is
expressly excluded. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable. Unless otherwise explicitly stated,
the provisions of this Agreement shall surviveits termination.
YOU HEREBY AFFIRM THAT YOU
HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY
CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD
FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO Random
Acts.
SELECT "I AGREE" TO
INDICATE THAT YOU HAVE READ THE MEMBERSHIP AGREEMENT IN ITS ENTIRETY,
UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE
MEMBERSHIP AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE
AGE OF 18 YEARS AND UNDERSTAND THAT MATERIALS PRESENTED AT Random Acts INCLUDE
NUDITY, VISUAL AND AUDIO PRESENTATIONS OF SEXUAL SITUATIONS AND ADULT
LANGUAGE.
IF YOU DO NOT AGREE TO ALL
OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT OVER 18 YEARS
OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, SELECT THE "I DO NOT
AGREE".
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