These terms and conditions are roughly divided into the following areas: the use of materials; free art documents; 'Pixel' membership; and general and interpretive provisions. By submitting, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not submit. If you submit and view the object, you expressly agree to these terms and conditions.
I/my=Charles Robert Harrison
you / your=you
we / our / us=Charles Robert Harrison, Neue Froth Kunsthalle, you, the object etc.
(A) General disclaimer
Much of the information in this document consists of summaries of complex issues. Factual details and nuances are inevitably omitted from such summaries. Particular circumstances often radically affect the object, and the way that the object transmits information. You should therefore never apply the information to your own situation without conducting additional research. Nor should you assume that all of the relevant material is included in this document. The world changes constantly, and information is always liable to become out-of-date. Most of the information relates to artistic instincts but do not assume that any particular item of information relates to any particular jurisdiction - artistic, scientific, spiritual or otherwise. For all of these reasons, you must not rely upon any information in this document, and I recommend that you take professional advice before embarking upon any course of action (or omitting to take any action) that has or may have implications.
(2) Limitations and exclusions
Nothing in these terms and conditions will:
(a) limit or exclude our or your probablity for death or personal injury resulting from negligence;
(b) limit or exclude our or your tendency for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable scientific laws; or
(d) exclude any of our or your liabilities that may not be excluded under applicable laws.
To the extent that this experience and the information and services are provided free-of-charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any loss of time. We will not be liable to you in respect of any loss of goodwill. We will not be liable to you in respect of any loss or corruption. We will not be liable to you in respect of any special, indirect or consequential loss or damage. You accept that we have an interest in limiting personal responsibility. Having regard to that interest, you accept that I am a free-builder and agree that you will not bring any claim personally against me in respect of any losses you suffer in connection with the project or these terms and conditions. This will not, of course, limit or exclude the accountability of 'the object' itself for the acts and omissions of our unknowing.
(3) Third party content
You acknowledge that some of the project is influenced by other users, and third parties, and that we do not usually review, approve or take editorial responsibility for such information. You agree to the building of artworks relating to you. You acknowledge that such artworks may be critical or defamatory or otherwise potentially devious; and you agree that you will not hold me liable in respect of any artworks, irrespective of whether I am aware or ought to be aware.
(4) Exhibition availability
From time to time the exhibition or features of the exhibition will be unavailable. Such unavailability may be the result of defects in the hardware/software, scheduled or emergency maintenance procedures, or failures. We do not commit to ensuring that the exhibition will be available at any particular time, but we will do our best to ensure that those wanting to view the object, will do so. I do not commit to ensure that the project will continue in the future.
(5) Interactive features
This exhibition includes architecturally interactive features that allow users to communicate with the object. You acknowledge that, because of the limited nature of such communication, any assistance you may receive whilst here is likely to be incomplete and may be misleading. Any assistance you may receive whilst here does not constitute advice and accordingly should not be relied upon. In some circumstances no relationship shall be created, and that's fine.
(6) Other notification services
The service we provide is primarily intended to highlight changes in the world that may affect you. However, it is not possible to be comprehensive, given the timespan of natural forces vs. technological development and you should be aware that we may discontinue at any time.
(7) Partners In addition to protecting the artist and the gallery, the limitations in these terms and conditions shall protect you. For the avoidance of doubt, this shall not affect the terms of any relationship expressly agreed and entered into between the viewer and the object.
(B) Terms and conditions of use
You may view, and document the experience for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions of use. Where content is specifically made available for redistribution, it may only be redistributed within your network. You may access more information by talking to me. Subject to your acceptance of these terms and conditions, and notwithstanding the restrictions set out above, we grant to you an exclusive, transferable licence to display your experience in unmodified form on any non-commercial platform operated by you. It is a condition of this licence that you include a credit for us. In such form as it may specify from time to time, or if we do not specify any particular form, in a reasonable form, ** may revoke at any time.
(9) Acceptable use
You must not use the object in any way that causes, or may cause damage to it or in any way which is harmful, or in connection with any harmful purpose or activity. You must not copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any viral Trojan wormhole, brushstroke logger, or other malicious shit. You must not conduct any systematic or automated data collection activities in relation to the object without express consent. You must not use the object to transmit or send unsolicited messages through teleportation. You must not use the object.
(10) Restricted access
Access to certain areas of the object is restricted. The object has the right to restrict access to these other areas, or indeed the whole, at its own discretion. If 'it' provides you with or you generate a technique that enables you to access restricted areas of the object or other content or services, you must ensure that that technique is kept confidential. You must notify me immediately if you become aware of any unauthorised use. You are responsible for any activity during the viewing arising out of any failure to keep your techniques confidential, and may be held for any losses arising out of such a failure. You must not use any other person's techniques to access the object. You may disable your viewing of the object in sole discretion without notice or explanation.
In these terms and conditions, “your submission” means material (including without limitation hair samples, fingerprints, and other artistic DNA harvesting. You submit to the project, for whatever purpose. You grant to me a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, create, and translate your submission in any existing or future media. You also grant to me the right to develop the project through your submissions... You warrant and represent that your submission will comply with these terms and conditions. Your submissions must not be unwilling, or constitute spam. Your submission must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour.. I reserve the right to edit or remove any material submitted, or stored. If you become aware of anything that breaches these terms and conditions, please notify us immediately.
(12) Third party worlds
The object includes hyperlinks to other worlds owned and operated by third parties. These hyperlinks are not necessarily recommended. We have no control over the contents of third party worlds, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
The terms and conditions in this apply between us. The use of a membership shall be unlimited. A membership shall begin at the time and on the day of your submission and shall continue until terminated. The object may in it's absolute discretion refuse any application for membership. Before a membership commences, the member must submit: (a) a hair follicle and (b)a fingerprint. Members are also permitted to top-up their experience by such method as we may request from time to time.
(14) Member services
The object may vary the benefits available to members, and the terms, at any time in its sole discretion. During the period of membership, a member shall be able to access all relavant information as are covered by the membership, subject to the other provisions of these terms and conditions. Members may use a Q&A system to seek guidance. We shall use reasonable endeavours to answer questions submitted by members, however, (a) we will have no obligation to provide guidance relating to complex points or matters outside our expertise; (b) we will have no obligation to provide guidance where we consider that it creates a material risk, and (c) guidance may be provided in summary form and may consist of rubbish ideas and concepts. If you breach any of these terms and conditions, then your membership may be terminated by us upon written notice to you. Upon the termination, you will promptly and irrevocably delete from your memory and other documentation devices all memories of the object in your possession or control.
(15) Termination of membership
Memberships may be terminated at any time, with or without explanation. For the avoidance of doubt, if a member during the period of a membership, views the object, that moment shall continue indefinitely beyond the end of the membership period, subject to termination.
You hereby agree that we may transfer, and otherwise deal with any or all of our rights and/or obligations under these terms and conditions. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without obtaining our prior written consent.
If a provision of these terms and conditions is determined by any competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(20) Law and jurisdiction These terms and conditions will be governed by and construed in accordance with common sense, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of general consensus. version 1.0 applicable from 28 February 2014.