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Terms of Use
Updated April 19, 2024
This Terms of Use has been updated. Our previous version can be found here.
Please read these Terms of Use carefully. Acceptd (“Acceptd”, “We”, “Us” or, “Our”) was founded to create a platform to enable and optimize the ability for artists of varying ages and disciplines to be aware of, identify, apply for, and progress through programs and activities offered by organizations dedicated to the furtherance of artists’ personal and career goals. These organizations may include educational and higher learning institutions; summer stock, artist camps, and seminars; performing venues; festivals and similar activities; and events to showcase, enhance, educate and promote the amateur and professional interests and careers of individuals in the arts. At the center of Our core values is Our commitment to serve Our artists, and to present arts opportunities that are relevant to their particular interests while still providing these artists with the control and protection of the personal information that they share in order to help us enable and promote their artistic interests.
Similarly, We establish formal partnerships with the full spectrum of organizations that offer artistic education, development and performance opportunities, which ranges from the world’s leading arts conservatories, colleges and universities to regional festivals, seminars and showcase revues (“Institutions”). We create an environment that enables artists to learn about and communicate with these Institutions and enables the Institutions to identify and communicate with the appropriate candidates, students, and artists to participate or enroll in their programs.
By using the Acceptd Website, (the "Website") and by engaging with the services available via the Website, you agree to be bound by these Terms of Use (this "Agreement"), whether you register on Acceptd directly, through one of Our Institution’s public landing pages, or through Our “Discover Me” Program and, thus, become a member ("Member") and make use of the Acceptd service (the “Service”) at www.getacceptd.com, app.getacceptd.com, www.acceptd.com, www.getaccepted.com. Please read these Terms of Use as you are agreeing to be bound by these Terms of Use (this “Agreement”) whether you register as a Member or whether you make use of the Website without registering. If you object to anything in this Agreement or the Acceptd Privacy Policy, do not use the Website or the Service.
Acceptd is not a talent agency, employer or a talent scout; the Service is only a platform for you to use voluntarily to disclose information about yourself and your artistic ability to allow Institutions to determine if they would like to educate you, work with you, or otherwise engage you for your artistic capabilities. Acceptd does not promise employment or engagement, and results may vary due to location, educational availability, roles available, age requirements, level of experience required, etc. In other words, whether you obtain an educational opportunity, role, engagement, assignment, career opportunity, or otherwise, is never guaranteed and is based on many variables that We have no control over, including: individual capacity, experience, expertise, and level of desire. Upon submission of an application on Acceptd, you may be charged an application fee. All fees collected on behalf of Acceptd are non-refundable regardless of the outcome of the application.
Acceptance of Terms of Use Agreement
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and, if you signed up for membership, your membership in the Service. This Agreement may be modified by Acceptd from time to time, such modifications to be effective upon posting by Acceptd on the Website. This Agreement includes Our Privacy Policy and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.
Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please contact us by phone or send a letter and self-addressed stamped envelope to: Acceptd 1822 Henderson Road, PO Box 20119 Columbus, OH 43220.
Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, We will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, We issue you a new username and password. We only will issue you a new username and password after We receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please contact us by phone or send a letter and self-addressed stamped envelope to: Acceptd 1822 Henderson Road, PO Box 20119 Columbus, OH 43220.
Effective Timing. Your withdrawal of consent shall be effective within a reasonable time after We receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
Access and Retention. To access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
Eligibility and User Accounts
Children are individuals who are not of legal age to consent to contracts, including this Agreement. We adhere to local definitions of “children” for Our Website and Services located in jurisdictions where the child accesses the Website or becomes a Member. We take many special precautions to protect the privacy of children for Services directed to children. We do not collect personal information from children without the consent of a parent or legal guardian, except in limited circumstances authorized by law. We do not ask for more personal information than is necessary for a child to participate in the activity. We take steps to prevent children from posting or publicly disclosing personal information without parental consent, such as monitoring or screening and use of filtering technology.
To participate in the Services, We might ask your child to register. They can often do so anonymously by just providing a first name or user name, and password. When We ask for your child’s first name, We encourage them to use a “screen name” (not their real name) that only they know. Sometimes We will ask your child to make up a special password so that only they can see their customized areas. We use technology, like cookies, to recognize visitors by their username when they use or revisit the Services, and to provide us with important information that helps Us understand features and areas of most interest. We may also use these technologies to screen for age.
We may sometimes need a child’s email address, your email address, or both. We may ask a child for your email address, so We can notify you of your child’s interest in Our Services. In the limited circumstances where We might collect your child’s email address without getting your consent first (see more below), if
We don’t keep your (or your child’s) email address unless you tell Us it is okay, for instance, by you or your child registering on the Website. If social networking opportunities are available through Our Services, they are structured so that no personal information is shared between visitors unless parental consent is obtained.
We might collect an email address and first name (or screen name) from your child without your consent, but only in the following special cases:
If a child sends a request to Us, We keep their email address for long enough to respond to them. We delete this information from Our system after We no longer need it for Our records.
If a child signs up for an email newsletter or other activity that requires multiple online contacts with the child, We also ask the child for a parent’s or legal guardian’s email address, so We can notify you and give you an opportunity to opt out.
We may offer additional Services, including registration-based or account-based Services, which require a parent to register and establish the appropriate permission level for the child. Content and activities available may vary depending on the Service. Parents will be provided with information on the type of content and activities their child may access at the time they register and are always in charge of their child’s account. Registration or subscription fees may apply for some Services.
As part of Our registration process, you will select a username and password and be asked to submit, among other things, your email address. You agree that all information you provide to Us for purposes of creating a user account (the “User Information”) will be true, accurate, current and complete and your failure to provide such information will constitute a breach of these Terms of Use and may result in the immediate termination of your account. All information about you including your User Information, any information obtained by Us as a result of your use of the Website or Service, and any information stored or transmitted in any way on or through the use of the Website or Service is subject to Our Privacy Policy, which can be found here. Our Privacy Policy is incorporated into these Terms of Use by this reference.
You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that We, in Our sole discretion, deem inappropriate. You agree that any information that you provide to the Website or Service, including but not limited to User Information, shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with the Website or Service, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or Services using your name, username or password in whole or in part.
Each username permits one person to access the password-protected portion of the Website or Service, and you shall not share the username and password with any third party. You shall be solely responsible for any and all use of the Website or Service, including without limitation, any and all charges incurred by a third party, under or using your username and password. If at any time you should learn or suspect that your password has been compromised, you shall promptly notify Us at support@getacceptd.com and confirm such notice in writing. Upon receiving such telephonic and written notice, We will assign a new password to you without charge and/or ask you to reset your password.
You agree that any unauthorized use of the Website or Service (or any Content derived therefrom) by you or by anyone using your username or password may result in immediate suspension or termination of your user account by Us, in Our sole and absolute discretion, without refund of any pre-paid fees. You represent and warrant that the information provided during the registration process is true and accurate and agree to update the information thereafter in the event of any changes.
We reserve the right to terminate your access to and use of the Website or Service in the event that you provide any false information to Us as part of the registration process.
If you no longer want your child to participate in Our Services, please contact Us at support@getacceptd.com.
Upon proper identification, a parent or legal guardian may access and review the personal information We have collected about their child, update their child’s contact details, request deletion, or refuse to allow further collection or use of the information. Please contact Us at support@getacceptd.com to access, update, or delete your child’s information. Please note that some information may require the approval of the Institution to be deleted if the information was submitted as part of an application to the Institution.
For more information about the protection of children’s information, please see the Federal Trade Commission’s website at https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy.
Term and Termination
This Agreement will remain in full force and effect while you use the Service and/or are a Member.
You may change the details of your registration at any time online by following the instructions on the "Edit Account Details" page in Account Settings. You may also cancel your membership by following the “Request Account Deletion” link in the “Edit Account Details” page, or by sending the Company written notice of cancellation to: Acceptd, Attn: Applicant Support, 1822 Henderson Road, PO Box 20119 Columbus, OH 43220, or by email notice of cancellation to support@getacceptd.com. If you cancel your registration, We require a reasonable amount of time to process the action. If you cancel a registration, you will enjoy registration benefits until the end of your then-current registration commitment, following which your registration benefits will expire.
We may terminate or suspend your membership in the Service at any time without notice if We believe that you have breached this Agreement. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your user of our Services or Account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Non-commercial Use by Members
The Website or any portion of the Service should not be reproduced, copied, sold, resold, or exploited for any commercial purposes. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Acceptd, which may be revoked at any time, for any reason, in Our sole discretion.
Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Acceptd of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
Your Interactions with Other Members
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OR CONTENT THAT IS PROVIDED BY OUR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS, WHICH COULD INCLUDE A SEARCH ABOUT YOU.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEFAMATION, COPYRIGHT INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE, INSTITUTIONS, OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE AND/OR INSTITUTIONS, PARTICULARLY IF IN PERSON. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE SUCCESS. YOU SHOULD NOT PROVIDE YOUR PERSONAL INFORMATION (FOR EXAMPLE, YOUR ADDRESS OR CONTACT INFORMATION) OR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
Content on the Acceptd Site
Proprietary Rights. We own and retain all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Us and Our licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Website and/or Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or Service. Under no circumstances will We or Our affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website, Service or transmitted to or by any Members.
Content Posted by You on the Site
Portions of the Services may allow you and other Members to upload or transmit data, information, text, images, software, audio, photographs, video, messages, tags, or other materials to or through the Service (“User Content”). The following control User Content:
You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Us, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Us of such change.
You understand and agree that We may review and delete any User Content, in each case in whole or in part, that We, in Our sole discretion and judgment determines violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or otherwise violate any applicable laws.
The decision to submit User Content to the Service is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without the permission of the owner. By submitting User Content, you represent, acknowledge, and warrant (a) that you have the right to do so or that you have obtained any necessary third-party consents (e.g., under privacy or intellectual property laws), (b) that the User Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and (c) that no other party has any right, title, claim, or interest in the User Content that would be infringed upon as a result of uploading the User Content. If you submit User Content to the Service on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon Our request, you agree to furnish Us with any documentation, substantiation, and releases necessary and reasonably required to verify and substantiate your compliance with this provision. You agree not to accept payment for User Provided Content from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Content. By posting User Content to the Website or Service, you automatically grant, and you represent and warrant that you have the right to grant, to Us, Our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Us will not infringe or violate the rights of any third party.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Website or Services. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Your use of the Service, including but not limited to the User Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although We cannot monitor the conduct of Our Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect Our Members from such advertising or solicitation, We reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which We deem appropriate in Our sole discretion.
We do not vouch for the validity, accuracy or credibility of any User Content on the Service, and do not take any responsibility or assume any liability for any actions Members, Institutions, or others may take as a result of viewing, reading or listening to User Content on the Service. Through your use of the Service you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. By using the Service, you assume all associated risks, and We expressly disclaims any and all liability in connection with User Provided Content.
In addition, you grant to Us, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, display, disclose, translate, distribute, and export any User Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever to any of our Partners, which are our Institutions with whom we work with on your behalf and our affiliated company, My College Audition, LLC so that they may determine if you may be a candidate for their post-secondary education services. You agree that We may publish or otherwise disclose your name in connection with your User Content and this will be done for identification and ownership purposes so you can be properly accredited for your User Content.
You acknowledge, consent and agree that We may access, preserve and disclose account information and User Content that you provide if We are required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Us, Our employees, partners and agents or members of the public.
We undertake no obligation to pre-screen User Content but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Websites. You acknowledge, consent and agree that We, at Our sole discretion and without notice to you, may review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Content or other information, in whole or in part, that We deem obscene, defamatory or libelous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that We believe to be in violation of these Terms of Use.
You are solely responsible for all User Content that you make available via the Services. Under no circumstances will We be liable to you in any way for any User Content that you upload, post, or otherwise make available via the Service including, but not limited to, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content. In addition, you hereby release Us from any and all claims, liens, demands, actions or suits in connection with the User Content, including, without limitation, any and all liability for any use or nonuse of your User Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in these Terms of Use, We acquire no title or ownership rights in or to any User Content you submit and nothing in these Terms of Use conveys any ownership rights in the User Content you submit to Us.
You are solely responsible for keeping your original works that may become part or all of your User Content outside of Acceptd. We cannot ensure your User Content uploaded to Acceptd is kept in original uploaded format or quality. We have the right to transcode files to a different/common format, including adjusting encoding, bitrates, and/or dimensions. Though you may store files on Acceptd, Acceptd is not a file storage provider. To that extent, Acceptd has no obligation to store or return your media and may archive or permanently delete your media off its servers at any time.
All information you include in your Member profile must be accurate, current and complete.
Prohibited Activities
We reserve the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You will not impersonate any person or entity.
You will not “stalk” or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by Us without Our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Service or the Website, without Our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to GetAcceptd.com or the Service or the site in order to direct any person to any other website for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
Proprietary Rights
We own, operate, license, control, and provide access to the Website and Services. You acknowledge and agree that Us and Our licensors retain all right, title and interest in and to all past, present and future Content, excluding User Content (as defined above), applications, software, content and materials provided on or through the Website or Service (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Website or Service, the compilation of all content and materials on the Website or Service, and the business process, procedures, methods and techniques used in the Websites) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.
“Acceptd”, “GetAcceptd” and Our logo are the registered or common law or trademarks of Acceptd, Inc. and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Websites are the property of Acceptd unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. Our intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Us. All rights are expressly reserved.
All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Websites are the property of the respective third parties, including the respective content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Us to enforce any of your rights in relation thereto. Except as expressly set forth in these Terms of Service or otherwise expressly granted to you in writing by Us, no rights (either by implication, estoppel or otherwise) in or to the Websites or their contents are granted to you.
Modifications to Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Blocking of IP Addresses
In order to protect the integrity of the Service, We reserve the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Website and Service and you don’t have the celebrity’s permission.
In operating the Website and Service, We may act as a “services provider” (as defined by the Digital Millennium Copyright Act (“DMCA”)) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that We do not own or control may be transmitted, stored, accessed or otherwise made available using the Website or Service.
We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Us or a third party, or that has otherwise violated any intellectual property laws or regulations, or any of these Terms of Use. We reserve the right to remove any content contained in or posted to the Website or Service that We determine in Our sole discretion does or may allegedly infringe another person’s copyright, trademark, celebrity material or other rights.
Notices to Us regarding any alleged infringement on the Websites should be directed to Us at support@getacceptd.com or privacy@getacceptd.com.
To submit an infringement notification, you must be the copyright or trademark owner or celebrity or an authorized agent of the copyright or trademark owner or celebrity, and must provide Us with the following information:
Identification of the copyrighted work, trademark or other intellectual property that you claim has been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
Identification of the infringing material and information reasonably sufficient to permit Acceptd to locate the material on the Websites;
For notifications of trademark or trade dress infringement,
A copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office; and
Description of confusion (e.g., passing off as your company, including specific descriptions of content or behavior).
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
With respect to claims of copyright infringement, We will respond expeditiously to investigate the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Please be aware that under section 512(f) of the DMCA, 17 U.S.C. 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by Us or Our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is, in fact, infringing, you may wish to contact an attorney before filing a notification with Us.
Our response to notices of alleged infringement may include the removal or restriction of access to the allegedly infringing material. If We remove or restrict access to user content in response to a notice of alleged infringement, We will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access, along with instructions for filing a counter-notification (as applicable).
Member Disputes
You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
Privacy and Communications
Use of the Website and/or the Service is also governed by Our Privacy Policy. When you become a Member, you agree and consent to receive email messages and other communications from Us. These emails and other communications may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from Us. Please see the Privacy Policy for more information regarding these communications.
Disclaimers
We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will We or any of Our affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and We expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Third Party Content and Linked Sites
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because We have no control over such sites and resources, you acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing or for any errors or omissions in any content supplied by third parties. In addition, third parties may offer goods, services, and other materials to you on the Website or Service. Such dealings are solely between you and the third party. We will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. We make no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Us.
Under certain circumstances, We may permit third-party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to products, services or publications within the Website or Service do not imply endorsement by Us of that product, service or publication. The Website and Service may include links to other sites that are not maintained by Us. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. We are not responsible for the content of those sites, do not endorse those sites, and make no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. We shall have no liability for any loss or damage arising from your use of any such site.
Arbitration and Governing Law
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Acceptd in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Acceptd any class action, class arbitration, or other representative action or proceeding.
Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Acceptd (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Acceptd (except for small-claims court actions) may be commenced only in the federal or state courts located in Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Governing Law. Your rights and obligations, and all matters contemplated by these Terms of Use shall be governed by the laws of the United States of America and by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles, as if a contract wholly entered into and wholly performed within the State of Delaware. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Notice
We may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Entire Agreement; Other
This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and Us regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.
Amendment
This Agreement is subject to change by Us at any time. If you are a User at the time of any change, the revised terms will be effective upon posting on the Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement.
Disclaimer of Warranty
Please read the following – it is an important disclaimer:
The Website and the Service are provided “AS IS”.
THE WEBSITE (INCLUDING THE SERVICE) AND ALL CONTENT PROVIDED THROUGH THE SAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ACCEPTD, AND EACH OF ITS JOINT VENTURERS, LICENSORS, SUPPLIERS, VENDORS, DISTRIBUTORS, ADVERTISERS AND OTHER CONTRACTING PARTIES, SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES WILL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE THAT ALL INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE AND SERVICE ARE COMPILED FROM AND DISTRIBUTED BY SOURCES THAT ARE OFTEN BEYOND THE CONTROL OF ACCEPTD.
ACCEPTD MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE WEBSITE OR SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED, OR (V) THE WEBSITE, SERVICE, NETWORKS OR SERVERS THAT MAKE THE WEBSITE AND SERVICE AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, TROJAN HORSES, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. OPERATION OF THE WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ACCEPTD’S CONTROL INCLUDING, BUT NOT LIMITED TO, INTERNET NETWORK DISRUPTIONS. ACCEPTD IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE WEBSITES. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES (INCLUDING THE PAID SERVICES) IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITE OR SERVICE.
Limitation of Liability; Exclusive Remedy
ACCEPTD’S LIABILITY IS LIMITED TO THE MAXIMUM AMOUNT PERMISSIBLE UNDER APPLICABLE LAW. IN PARTICULAR, ACCEPTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, JOINT VENTURERS, LICENSORS, SUPPLIERS, VENDORS, DISTRIBUTORS, ADVERTISERS AND OTHER CONTRACTING PARTIES, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OF SERVICE, THE PRIVACY POLICY OR YOUR USE OF THE WEBSITES OR ANY CONTENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, OR FOR ANY ACTUAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, PROVIDED THAT NOTHING HEREIN WILL BE INTERPRETED SO AS TO LIMIT OR EXCLUDE ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY LAW. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF ACCEPTD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, JOINT VENTURERS, LICENSORS, SUPPLIERS, VENDORS, DISTRIBUTORS, ADVERTISERS AND OTHER CONTRACTING PARTIES, OR ANY OF THEM, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL BE LIMITED TO AND IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE GREATER OF (A) $100.00, OR (B) THE AMOUNT YOU PAID TO ACCEPTD FOR PAID SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
YOU SPECIFICALLY ACKNOWLEDGE THAT ACCEPTD SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity by You.
You agree to indemnify and hold Us, Our subsidiaries, affiliates, officers, agents, and other partners, Institutions, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
You agree to and shall defend, indemnify and hold harmless Acceptd, its affiliates, subsidiaries, officers, directors, employees, and agents from any claims and expenses, including reasonable legal fees, related to any breach of these Terms of Use by you or your use of the Websites or any Content.
Questions
Please contact Us at support@getacceptd.com with any questions regarding this Agreement.
Entire Agreement.
These Terms of Use and the policies incorporated herein are the entire agreement between you and Acceptd. They supersede any and all prior or contemporaneous agreements between you and Acceptd relating to your use of the Website and the Service.