In order for us to operate effectively, you must agree to the following terms of use. IF YOU DO NOT AGREE TO ABIDE BY THE FOLLOWING TERMS, DO NOT USE EITHER DEJENDIGITAL.COM OR ARTSAPP.COM IN ANY MANNER. We appreciate your understanding and are happy to answer any questions you have about this Agreement (contact us at legal@dejendigital.com).
This Agreement describes the legal relationship between you (an individual, applicant, student or parent/guardian of a minor student applicant) representing yourself, or if applicable, acting as legal representative for a group, institution, company or arts organization, and Dejen Digital Distribution and ArtsApp. Dejen Digital, a Minnesota Limited Liability Corporation (referred to in this Agreement as "we" or "us" or "Dejen Digital"), the owner and operator of the web pages at or linked to the root URL " DejenDigital.com" and "ArtsApp.com" (the "Site").
Please read this Agreement carefully. By clicking on the "I AGREE TO THE DEJEN DIGITAL TERMS OF USE" button, you will become a party to, and will be bound by, this Agreement and any Policies to which it refers.
- Age Restrictions: If you are under 18 years old, you must have approval from a parent/guardian to use our website and any DEJEN DIGITAL related Services. By registering with this siteyour parent/guardian is certifying that they have knowledge of and approve of your use of this website
- To insure the protection of the privacy of children, and to comply with COPPA regulations, any applicant under the age of 13 must obtain consent to use this website by a parent or legal guardian. Such consent will be evidenced by providing the contact information of the parent or legal guardian, who will receive notification of the child’s request to register on the Dejen Digital website. Applicants will have to provide proof of consent by a parent or guardian.
- Our Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.
- You agree to provide current, complete, and accurate information required to complete your registration with us and at other points as may be required in the course of using the DEJEN DIGITAL Services (Registration Data). You further agree to maintain and update Registration Data as required to keep it current, complete, and accurate.
- You agree that the content uploaded to the ArtsApp system is of your own creation and performance, and the distribution of non-original works is solely for educational purposes. You shall only use any alias, nickname, or any other name other than your legal name if the organization calls for a pseudonym or display name IN ADDITION TO YOUR REAL NAME.
- When you register and/or re-register at our web site, we ask that you supply us with personal information (such as your name, address, email address and payment information) so that we can match your digital portfolio to your desired arts education institution. We will securely store your personal information, and will never sell, release, or make public any personal information about you.
- As a registered user of DEJEN DIGITAL Services, you may receive or establish one or more passwords and accounts ("DEJEN DIGITAL Account(s)"). You are solely responsible for maintaining the confidentiality and security of your password(s) and DEJEN DIGITAL Account(s). You are entirely responsible for all activities that occur on or through your DEJEN DIGITAL Account(s).
- Security, Cracking and Hacking Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, and/or programming team including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing," (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability in accordance with Federal and Minnesota law. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation. We will not be held liable for any viruses or malfunctions that happen on the user’s end, weather or not the malfunction is related to use of Dejen Digital’s services.
- You may only access the Content for educational and noncommercial adjudication purposes or as expressly described in these Terms of Use, or other applicable DEJEN DIGITAL Services terms and conditions. The information, programming, content, artwork, text, graphics, documents, video, audio, pictures, software and other intellectual property (collectively, "Materials") available through the Site are the property of DEJEN DIGITAL or its licensors (the users), and most of the Materials are protected by copyright, trademark and other intellectual property laws. The Site and/or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent, except for such reproduction as occurs in the normal course of reading or viewing the Site using a Web browser. We do not permit any resale or commercial use of the Site or its contents; any collection and use of any Content listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant or party not associated with our user classes (Reviewer, Applicant, Org Manager, Administrator); or any use of data mining, robots, or similar data gathering, extraction, or tools to reverse engineer any software or content within our system.
- You represent and warrant that: (a) except as provided in Sections titled "Uploading Service", we, our customers and licensees shall not be required to make any payments in respect of the authorized use of your submitted Content, including, without limitation, payments to you, third parties claiming through you or otherwise, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your Content, your licensors, unions or guilds; (b) you have the full right and power to enter into and perform this Agreement, and have secured all third-party consents, licenses and permissions necessary to enter into and perform this Agreement; (c) the Materials do not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of privacy, publicity or performance or literary or dramatic right of any party, or moral rights (see above on Copyright and Fair Use in the Digital recording and Distribution of Audition Materials); (d) the Materials comply with all applicable laws and regulations of any Federal, state or local authority; (e) the Materials do not and will not constitute libel, slander or defamation and are not and will not be pornographic or obscene; (f) the Materials do not contain, and you will not introduce through data transmission or any other medium, any virus, worm, trap door, back door, or other contaminant that may have the effect or be used to access, alter, delete, damage, or disable the Materials or any hardware, software, information or other property of DEJEN DIGITAL, ArtsApp, or any third parties; (g) all factual assertions that you have made and will make to us are true and complete.
- You agree to indemnify and hold harmless the ArtsApp System, DEJEN DIGITAL, its affiliates, subsidiaries, officers and directors, agents, employees and partners, and any parties with whom DEJEN DIGITAL may contract to provide its services, from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of your breach of your representations, warranties or obligations under this Agreement and/or in connection with your use of the Uploading Service, Review/Adjudication Service, Downloading Service, and/or the Materials. Dejen Digital and its designees may disable, restrict access to or the availability of, any submissions that violate the Terms of Use or are otherwise objectionable. You as the user must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions. You understand that all media Submissions, whether transmitted publicly or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. You bear the sole responsibility to upload, post, provide, input, submit, or otherwise transmit via the website, media to be used in ArtsApp. Submissions posted via the website are not monitored by ArtsApp and, as such, we do not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the website, you may be exposed to Submissions from others that are offensive, indecent or objectionable.
- The Dejen Digital Web site may contain links to sites operated by third parties whose policies regarding the handling of personal information may differ from ours. Dejen Digital cannot be responsible for the information handling practices of these other sites and/or academic institutions, festivals, or competitions.
- If you have questions concerning this privacy policy, please contact legal@dejendigital.com. You can contact us via postal mail at 1000 LaSalle Avenue, Suite 326, Minneapolis, MN 55403. Attention: Privacy.