Who We Serve
Resources
Applicant Terms of Use
Updated June 2, 2025
Getacceptd LLC (“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.
Acceptd is not a talent agency, employer, or a talent scout; Our 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.
By using the Acceptd service (the “Service”) at www.getacceptd.com or app.getacceptd.com (individually or together, the "Website") or by registering with Us directly, through one of Our Institution’s public landing pages, or through Our “Discover Me” Program and, thus, becoming a member ("Member"), you agree to be bound by these Terms of Use (this "Agreement"). PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT, YOU MAY NOT USE THE WEBSITE OR THE SERVICE.
WE MAY MODIFY, CHANGE, UPDATE, OR AMEND THIS AGREEMENT AT ANY TIME IN OUR SOLE DISCRETION, BY MANNER OF POSTING AN UPDATE TO THIS AGREEMENT ON THIS WEBSITE AND UPDATING THE ‘MODIFIED AS OF’ DATE ABOVE. YOU UNDERSTAND THAT YOU MAY NOT CONTINUE TO USE THE WEBSITE OR THE SERVICE UNLESS YOU AGREE TO THE UPDATED TERMS, AND THAT SUCH UPDATED TERMS SHALL BE EFFECTIVE UPON THEIR POSTING. IF YOU CONTINUE TO USE THE WEBSITE OR SERVICE AFTER SUCH UPDATED TERMS ARE POSTED, YOU WILL BE DEEMED TO HAVE CONSENTED TO THEM.
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.
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 this Agreement 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 this Agreement 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, or permit others to use your 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 immediately 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 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 Us written 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 the Services or your account is terminated for any reason, all terms of this Agreement, which by their nature should survive the termination of this Agreement, shall so survive, subject to any survival periods specified therein.
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.
Your Interactions with Other Members
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WE 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 Posted by Us on the Website
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.
Content Posted by Others on the Website
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 third 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 or Service by any third party.
Content Posted by You on the Site
Portions of the Services may allow you 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 User 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 any other Member.
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; provided, that We are under no obligation to review any User Content for compliance with these terms.
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 posting 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 with regard to any specific post or posts. You agree not to accept payment for User 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 to Us that you have the right to grant, to Us, Our affiliates, licensees and successors, a revocable, non-exclusive, fully paid, royalty-free, 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, in each case, in order to provide the Service to you. The foregoing right shall include, without limitation, the right to incorporate User Content in other works in any form, media, software, or technology of any kind now known or hereafter developed or discovered to any of 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 further 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 further represent and warrant that public posting and use of your User Content by Us will not infringe or violate the rights of any third party. Except for the rights granted in this Agreement, We acquire no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys any ownership rights in the User Content you submit to Us.
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 Our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating membership. It includes, but is not limited to, User 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. 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 disclaim any and all liability in connection with any and all 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 We believe in good faith that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce this Agreement, (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, or, agents, other Members, or members of the public.
We undertake no obligation to pre-screen User Content but reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Website or Services. 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 to be in violation of this Agreement.
You are solely responsible for all User Content that you make available via the Website or 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 Website or 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.
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.
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 our Website or the Service 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, including without limitation all 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 GetAcceptd LLC 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 Website 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 Website 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 this Agreement or otherwise expressly granted to you in writing by Us, no rights (either by implication, estoppel, or otherwise) in or to the Website or Service 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 Member 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 this Agreement. 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;
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 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).
Use of Aggregated Anonymous Data
Notwithstanding anything in this Agreement to the contrary, We may (i) collect and process information to generate and process Aggregated Anonymous Data, and (ii) freely use and make available Aggregated Anonymous Data for the purpose of (A) improving, testing, maintaining, and operating the Website and Services, (B) developing future products and services, and (C) marketing and promoting the Website and Services, and any future products and services, to other customers and potential customers. We are and shall remain the sole and exclusive owner of all right, title, and interest in and to all Aggregated Anonymous Data, including all intellectual property rights related thereto, and may freely use all Aggregated Anonymous Data during the term of this Agreement and thereafter, without compensation or notice to, or approval of, you. For the purposes of this Agreement, “Aggregated Anonymous Data” means any of the following information as has been aggregated with other similar information of other customers of Acceptd, and anonymized so that it does not reveal any personally identifying information or information identifying you: (i) information related to how you are using the Website and Services; and (ii) information related to the performance of the Website and Services.
Member Disputes
You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor or resolve 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 posted on Our Website for more information regarding these communications.
Disclaimers
We are not responsible for any incorrect or inaccurate User 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 Internet 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 User Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
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 websites or resources. Because We have no control over such sites or 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 website 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, are not responsible for and do 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.
Confidentiality
“Confidential Information” means all confidential information disclosed by either Acceptd or you (“Disclosing Party”) to the other (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential. Confidential Information will not include any information that (a) is or becomes generally known to the public, (b) was known to Receiving Party prior to its disclosure by Disclosing Party, (c) is received from a third-party, or (d) was independently developed by Receiving Party. Receiving Party shall not to use any Confidential Information of Disclosing Party for any purpose outside the scope of this Agreement, and except as otherwise authorized by Disclosing Party in writing, limit access to its and its affiliates’ employees, contractors and agents who need such access to perform under this Agreement and who have signed confidentiality agreements with Receiving Party. Receiving Party may disclose Confidential Information of Disclosing Party if it is compelled by law; provided, Receiving Party gives Disclosing Party prior notice and reasonable assistance, at Disclosing Party’s cost, if Disclosing Party wishes to contest the disclosure. These obligations will survive for two (2) years following the termination or expiration of this Agreement.
Compliance with Laws
You represent and warrant to Acceptd that you will comply with all applicable laws, rules, and regulations in your performance of your obligations under this Agreement.
OFAC Certification
Each of Acceptd and you certifies that (i) it is not acting on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department, through its Office of Foreign Assets Control (“OFAC”) or otherwise, as a terrorist, “Specially Designated Nation”, “Blocked Person”, or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation that is enforced or administered by OFAC or another department of the United States government, and (ii) it is not engaged in this transaction on behalf of, or instigating or facilitating this transaction on behalf of, any such person, group, entity, or nation.
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 AFFILIATES, 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 WEBSITE OR SERVICE 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 WEBSITE 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 WEBSITE, OR LOSS OR DELETION OF YOUR DATA. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE OR SERVICE 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 WEBSITE OR SERVICE (INCLUDING THE PAID SERVICES) IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITE OR SERVICE.
Limitation of Liability; Exclusion of Damages; Exclusive Remedy
ACCEPTD’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW. IN PARTICULAR, ACCEPTD, ITS AFFILIATES, AND THEIR 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 THIS AGREEMENT, ANY POLICIES OR AGREEMENTS REFERENCED HEREIN, OR YOUR USE OF THE WEBSITE, SERVICES, 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, ITS AFFILIATES, AND THEIR 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, AND (B) THE AMOUNT YOU PAID TO ACCEPTD FOR PAID SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Indemnity by You
You agree to indemnify and hold Us, Our subsidiaries, affiliates, officers, agents, employees, as well as our partners and Institutions, 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 Website or 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 in this Agreement.
Waiver of Jury Trial and Class Action
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY RIGHT TO JURY TRIAL, CLASS ACTION, OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE, OR THE SERVICE.
Statute of Limitations
No claim, suit, action, proceeding or other form of litigation of any kind, regardless of form, may be brought or asserted by you (nor your affiliates or their respective officers, directors, employees, or agents) against Acceptd (nor its affiliates or their respective officers, directors, employees, or agents) under this Agreement more than one (1) year after the cause of such action became known to the potential claimant or should have been known to the claimant based on the surrounding circumstances.
Dispute Resolution
Except as expressly provided otherwise in this Agreement, all disputes, whether in contract, tort, misrepresentation, or any other legal theory, related directly or indirectly to this Agreement (each a “Dispute”) will be resolved solely in accordance with the terms of this section; provided, that Acceptd or you may seek an injunction or other equitable relief in court to prevent or enjoin a breach of this Agreement or a violation of rights either Acceptd or you has under law. Acceptd and you agree that both will first attempt to resolve any Dispute through direct negotiation for at least thirty (30) days, and in the event the Dispute cannot be resolved, Acceptd and you will submit to arbitration before a single arbitrator, in the State of Delaware, in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. The arbitrator will not consider punitive damages. The arbitrator does not have the authority to modify this Agreement, but may, in the course of the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator, and the reasonable attorneys’ fees of the prevailing party.
Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with applicable U.S. federal law and the laws of the State of Delaware, without regard to conflict of laws principles. Acceptd and you hereby submit to the jurisdiction of, and waive any venue objections against, the federal and state courts of the State of Delaware for any action arising out of or relating to this Agreement, the Website, or the Services, or the negotiation, validity, or performance of this Agreement.
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
This Agreement, including any policies or agreements referenced herein, 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 subject matter in this Agreement. In the event the terms of any policy, agreement, guideline, or rule referenced herein conflict with the terms of this Agreement, the terms of such policy, agreement, guideline, or rule shall prevail.
Waiver
No failure or delay by Acceptd or you in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege hereunder. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is to be enforced.
No Transfer
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.
Assignment
You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Acceptd. Acceptd may assign this Agreement in its entirety, without your consent, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
Relationship of Parties
No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Acceptd in any manner.
Force Majeure
We will be liable for any failure or delay to perform any obligation under this Agreement due to causes beyond Our reasonable control, including the elements, acts of God, acts of the public enemy and/or terrorism, acts of civil or military authority, fires, floods, pandemics, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power systems, sabotage, armed hostilities, and riots.
No Third Party Beneficiaries
Except as expressly provided herein, this Agreement (i) is entered into by and between, and may be enforced only by, Acceptd and you, and (ii) will not be deemed to (A) create any rights in third parties (other than Our permitted successors and assigns and any persons or entities expressly entitled to indemnity hereunder), including without limitation, affiliates and their respective officers, directors, employees, and agents, or (B) create any obligations of Acceptd or you (nor Acceptd’s or your affiliates or their respective officers, directors, employees, or agents) to any such third parties.
Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law and the remaining provisions of this Agreement will remain in effect.
Data Processing Agreement
If Acceptd processes any of your personal information in connection with the Service, the Data Processing Agreement (“DPA”) will govern this processing. Our DPA is located at https://www.getacceptd.com/data-processing-agreement.
Questions
Please contact Us at support@getacceptd.com with any questions regarding this Agreement.