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Customer Satisfaction
Everything that is shown on the tour pages prior to joining the website is EXACTLY what is offered in the protected members area. If the previews on the tour worked for you then they will work for you in the protected members area. We have gone to extreme lengths to show you the site and everything about the site prior you joining. There are no misleading advertising, model depictions and videos that you will not get in the members area after viewing them on the tour. For the reason mentioned above we feel very strong about our credit policy and it is completely at our discretion to report any frivolous credit requests to collection companies and negative databases.
Randyblue.com Membership Agreement YOU MUST READ AND AGREE to the terms and conditions of this Membership Agreement (the “Agreement”) before You can become an active member of Randyblue, and receive a Randyblue pass.
By applying for a RandyBlue Membership you agree to the terms and conditions set forth in this Membership Agreement. These terms and conditions will continue in effect throughout your membership and after any termination, cancellation or expiration. Please read each of these terms and conditions carefully because they will be legally binding on you if you chose to obtain a Randyblue Membership.
The parties to this Agreement are You, the Member (hereafter “You”, “Your” or “Member”), and Belator LLC. (hereafter the "Company").
1. Member acknowledges, represents and warrants that, acceptance of the benefits, rights and privileges afforded to Member by the Randyblue Membership are fair and adequate consideration to contractually bind the Member to the terms and conditions herein set forth and as may, from time to time, be amended.
2. Member acknowledges and agrees that all materials contained at the site are proprietary and constitute valuable intellectual property and may only access, view, download, receive and otherwise use the materials available at the site only as authorized by the Company.
3. Member agrees that 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 Company does not authorize such access, viewing, downloading, receipt or other use.
4. Member acknowledges and agrees that no materials from any parts of the site are authorized, and no materials are intended, by the Company 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.
5. Member agrees that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the site , in which he/she is 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 the site 's and potentially other's intellectual property rights and other rights in such materials and shall further constitute a violation of the site 's trademark and other rights, including, but not limited to, rights of privacy.
6. Member acknowledges that there is a subscribtion fee involved with the access of RandyBlue. The Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable unless claimed within 15 days of purchase or if there was an unauthorized charge. For your convenience and satisfaction, all memberships will automatically renew upon expiration unless your subscription is cancelled at least 24 hours prior to expiration. The cost of renewal will not exceed monthly membership costs at time of members' initial subscription. Cost of renewal will not be affected by any increase in the site subscription rates. You may have incurred the following charges on your credit card depending on the type of membership purchased: $1.95, $2.95, $24.95, $29.95, $34.95, $39.95, $69.95. All membership cancellations can take place by visiting our MEMBER SERVICES area.
7. Member acknowledges that Payment for the services provided through RandyBlue may be made by automatic credit card or check debit and hereby authorizes Company and its agents to transact such payments on member's behalf.
8. Member agrees not to report as lost or stolen any credit card which has been used in conjunction with payment to RandyBlue , or as unauthorized charge by RandyBlue , for any goods or services, including subscription, for which there is no good reason to believe, in fact, lost, stolen or unauthorized.
9. Member hereby agrees that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from RandyBlue or any fraudulent reporting of an unauthorized charge to Randyblue on the credit card which has been made by member or anyone under member's authority, at a time when a charge or other obligation for payment for goods and/or services to the site remains outstanding at the time of such fraudulent reporting, member shall be liable to Randyblue for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability member may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
10. Member acknowledges that subscription to RandyBlue may be terminated at any time, and without cause, by either Company or Member upon notification of the other by electronic or conventional mail, or by telephone.
11. Member agrees to be personally liable for all charges incurred during or through the use of RandyBlue . Member's liability for such charges shall continue after termination of membership for any reason.
12. Member agrees to be responsible for providing all personal computer and communications equipment necessary to gain access to the site . Access to and use of the site is through the use of a password. Member must keep the password strictly confidential. For security reasons, RnadyBlue will not release passwords to others. Unauthorized access to the site is a breach of this Agreement and a violation of law.
13. Member acknowledges and is aware that upon approval of a RandyBlue Application, the applicant becomes a RandyBlue member (subject to all the terms and conditions set forth herein) and shall obtain a RandyBlue Membership pass which will, for the period of time for which the Member has enrolled and for which Member has paid, enable the Member to access RandyBlue. All representations, warranties, acknowledgements and agreements by Member, as set forth in this Agreement, shall continue in force throughout the term of the RandyBlue membership.
14. Member acknoledges that subscriptions may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Company of the following: changes in the expiration date of any credit card used in connection with RandyBlue ; 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
15. Member acknowledges that he or she is aware of the following: that all materials including messages and other communications contained in RandyBlue are intended for distribution exclusively to consenting adults in locations where the materials, messages and other communications contained within or accessible through RandyBlue do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. No person under the age of eighteen (18) or twenty-one in places were eighteen years of age is not the age of majority, may directly or indirectly view or possess any of the contents of RandyBlue, or place any orders for goods or services advertised at, or in the web site.
16. Member hereby acknowledges and represents that he or she knows and understands that the materials presented at RandyBlue include explicit visual, audio and textual depictions and descriptions of nudity and sexual activities, including without limitation, heterosexual, bi-sexual, homosexual and transsexual activities of an explicit sexual nature; that member is familiar with materials of this kind; that member is not offended by such materials; and that by agreeing to these terms and conditions member is warranting to the Company that he or she is intentionally and knowingly seeking access to such explicit sexual materials for his or her own personal viewing.
17. Member represents and warrants to Company that Member’s acceptance of a RandyBlue Membership and/or purchase of a RandyBlue Membership on the terms and conditions set forth herein constitutes an unequivocal request to receive sexually explicit material via access to the participating adult web sites and Member makes the following statements and representations to the Company (and which are relied upon by Company) as a material inducement to issue a RandyBlue Membership and/or ID to Member:
“UNDER PENALTY
OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST
18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18
IS NOT THE AGE OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S)
UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE
18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS CONTAINED
WITHIN THE PARTICIPATING ADULT WEB SITES. I UNDERSTAND THAT WHEN I GAIN
ACCESS TO ANY OF THE PARTICIPATING WEB SITES, I WILL BE EXPOSED TO VISUAL
IMAGES, VERBAL DESCRIPTIONS, AND AUDIO SOUNDS OF A SEXUAL ACTIVITY. I AM
VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR
THE VARIOUS MATERIALS WHICH ARE AVAILABLE, FOR MY PERSONAL ENJOYMENT, INFORMATION
AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN
SEXUAL MATTERS, WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH,
IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY.
I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE
OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER
AND ACCESS THROUGH THES PARTICIPATING ADULT WEB SITES ARE WITHIN THOSE
STANDARDS IN MY JUDGMENT; THAT THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS
THE VIEWING AND ACCESSING OF SUCH MATERIALS BY WILLING ADULTS IN
CIRCUMSTANCES SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS
FOR MINORS AND UNWILLING ADULTS; AND THAT THE AVERAGE ADULT IN MY COMMUNITY
WOULD NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE
PATENTLY OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED
ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT
WISH TO RECIVE SEXUALLY ORIENTED MATERIAL.”
IN NO EVENT WILL THE SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATITVES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SITE, SPONSOR'S REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY SUBMISSION OR OTHER MATERIAL, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE, OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Liability Release and Indemnification by Contestant. BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD THE SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATITVES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY SUBMISSION OR OTHER MATERIAL), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
18. ARBITRATION
In the event of any dispute arising out of or in connection with these Official Terms and Conditions or the Contest, regardless of the number or identity of defendant(s) or plaintiff(s), such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence.
Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Terms and Conditions, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Terms and Conditions, and any other agreements you may enter into with Promoter in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY.
If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning these Official Terms and Conditions, or any other agreement between you and Promoter in connection with the Contest, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section, and in no event will you be entitled to seek injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest.
19. GOVERNING LAW
The Contest
and these Official Terms and Conditions are governed by and shall be construed
in accordance with the laws of the State of California, United States of
America, without regards to its principles of conflicts of law. For any
dispute not subject to arbitration according to the provisions of these
Contest Terms and Conditions, entrant agrees to personal jurisdiction by
the federal and state courts located in the County of Los Angeles, California,
United States of America, and waives any jurisdictional, venue, or inconvenient
forum objections to such courts. Further, in any such dispute, under no
circumstances will entrant be permitted to obtain awards for, and hereby
irrevocably waives all rights to claim, punitive, incidental, or consequential
damages, or any other damages, including attorneys' fees, other than participant's
actual out-of-pocket expenses (i.e., costs associated with participating
in the Contest), and Contestant further irrevocably waives all rights to
have damages multiplied or increased.
20. BINDING EFFECT OF THESE OFFICIAL RULES
Contestant
understands and agrees that the terms and conditions and the release of
liability contained within these Official Rules will be binding upon Contestant
and Contestant’s heirs, executors, and administrators. If there is any
conflict between the Official Rules as stated herein and as stated in any
other document, including the Entry Form, these Official Rules shall control
and be deemed conclusive and binding.
GENERAL: This
Contest is subject to all federal, state, and local laws. Void where prohibited.
The winners agree that Sponsor, their respective parents, affiliates and
their agents and employees shall not be liable for injury, loss or damage
of any kind resulting from participating in this Contest or from the acceptance
or use of any prize awarded. Sponsor reserves the right to verify eligibility
qualifications of any winner. U.S. law of the State of California governs
this Contest. If, in Sponsor's sole opinion, there is any suspected or
actual evidence of electronic or non-electronic tampering with any portion
of this Contest, any violation of these Official Rules, or if technical
difficulties compromise the integrity of the Contest, Sponsor reserves
the right to terminate the Contest and conduct a random drawing to award
the prizes or none of them, using all entries received as of the End Date.
Any attempt to damage the content or operation of this Contest is unlawful
and subject to legal action by Sponsor or their agents.
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