Updated January 2, 2019
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; 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 or facilitate educational opportunities, 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.
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 user name when they use or revisit the Services, and to provide us 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 need more than just your child’s first name (or screen name) and email address for your child to participate in Our Service, We will ask your child for your email or mailing address so that We can notify you of your child’s request and get your permission. When We ask for your permission, We will tell you what We will do with the information you or your child provides Us, and how you can review your child’s information and ask Us to delete the information. With your consent, We may collect other personal information from your child such as a last name or home address when the information is necessary for a particular activity.
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:
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.
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 user name 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 email@example.com and confirm such notice in writing. Upon receiving such telephonic and written notice, We will assign a new password to you without charge.
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 firstname.lastname@example.org.
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 email@example.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.
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.
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.
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:
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:
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 Accepts 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.
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.
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.
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 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.
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:
With respect to claims of copyright infringement, We will respond expeditiously 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).
You are solely responsible for your interactions with other Members. We reserve the right, but has no obligation, to monitor disputes between you and other Members.
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 does not endorse and is 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, does not endorse those sites, and makes 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.
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.
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.
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, TELECOMMUNICATIONS 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.
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.
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.
Please contact Us at firstname.lastname@example.org with any questions regarding this Agreement.