Terms and Definitions of Use and Privacy Policy
Dejen Digital Distribution is an online media distribution service based in Minneapolis, MN. Dejen Digital owns the ArtsApp© Audition Management System, which takes applicant uploaded audition materials and distributes the materials to various performing arts organizations. The performing arts organizations then grant access to the submitted material for the purpose of adjudication. The submitted materials are converted to a compressed format for size considerations. Dejen Digital is in the business of conveniently delivering the highest-quality recordings, and always hopes for successful outcomes for the users of the ArtsApp system. Should an applicant not be successful in their application, Dejen Digital is not liable for audition outcomes for any reason, including, but not limited to, the audio, video, or image quality of the digital audition or media submission. In order to achieve the ambitious goal of expediting media submissions, we have created www.artsapp.com. 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
info@dejendigital.com).
This Agreement describes the legal relationship between you (an individual, applicant, reviewer, 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. If you do not agree with any of the terms and conditions of this Agreement, DO NOT CLICK on the "I AGREE" button and DO NOT USE either website or services of Dejen Digital or ArtsApp.
We may modify this Agreement from time to time, as we deem necessary. A link to the current Agreement and Policies is in the "Terms of Use" section of the Site. This Agreement addresses three (3) different categories of service available on the Site (each a "Service", collectively the "DEJEN DIGITAL Services").
Here is a description of User Roles and Responsibilities on our website:
Section 1: General Terms of Use and Operations Policies
The following terms apply to all of the user roles within Dejen Digital and the ArtsApp system. The roles for Organization Manager (Org Manager), Reviewer, and Applicant are governed by the following rules. Collectively, these are the general requirements for uploading service, review service, communication service, and downloading service, (collectively, "Dejen Digital Services") and the Sites (DejenDigital.com and ArtsApp.com) generally:
The following terms apply to all of the user roles within Dejen Digital and the ArtsApp system. The roles for Org Manager, Reviewer, and Applicant are governed by the following rules. Collectively, these are the general requirements for uploading service, adjudication service, communication service, and downloading service, (collectively, "Dejen Digital Services") and the Sites (DejenDigital.com and ArtsApp.com) generally:
User Classes and Characteristics
Administrator/Super User
Administrators are individuals with complete access to the system. These individuals would represent Dejen Digital. Administrators are responsible for setting up new accounts, as well as for reviewing statistical information about the ongoing activities of the system.
Organization Manager/ Org Admin
Org managers are individuals that work for each Licensee arts organization. These individuals are responsible for maintaining the list of reviewers in the system, managing the programs and disciplines in the system, and working with the applicants outside of the system to communicate final adjudication results.
Reviewer/Adjudicator/Instructor
Reviewers are presented with application materials provided by applicants. Reviewers are individuals responsible for reviewing applications and media submitted by applicants.
Applicant/Artist
Applicants submit applications to a program using the ArtsApp system. Applicants are able to create an ArtsApp portfolio and choose materials from said portfolio to send to each organization. Applicants can also continue previously started applications.
1.1. Requirements for Use: Minors
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 checking the box labeled “I agree and I have permission from my parent or legal guardian to enter into this contract” your parent/guardian is certifying that they have knowledge of and approve of your use of this website. If you have any additional questions regarding the acceptance of this agreement or other DEJEN DIGITAL Services, please contact us at
info@DejenDigital.com.
1.2. Privacy
We respect the privacy of our users. Our Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.
1.3. Your Information and Content
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 (such information will be referred to herein, collectively, as "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 submitted 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 for the purpose of anonymity to reviewers. In addition to our records, you as an applicant must submit your content so that it may be accurately be matched with other demographic information submitted to a third party organization (the arts organization’s own application, for example).
1.4 User Account, Password, and Security
a. 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.
b. 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).
c. 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.
1.5 Reviews and Private and Public Posting Areas
DEJEN DIGITAL encourages the exchange of information and ideas pertaining to the arts, technology, entrepreneurship, creativity, and our company. Opinions and postings on our Opportunities area and Discussion forums are made by registered members, clients, Org Managers Applicants, and Reviewers., The only opinion postings made within our system are made by Org Managers and appointed Content Reviewers. We cannot and do not review every posting made in our content reviews and adjudication, and other private or public posting areas on the Site. You should expect these areas to include information and opinions of users within, or outside of your organization. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a guest, or organization. Responsibility for posts and judgments of Content and other posting areas on the Site lies with each user - you alone are responsible for material you post. You as an applicant are responsible for the accuracy of all information and content submitted in your demographic information.
You agree not to post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Site or that infringes on the rights of others. You agree to conform to Site polices concerning the size, length, format, subject, content, or relevancy of the Materials you submit. Although DEJEN DIGITAL cannot monitor all the postings in Piece reviews, features, articles, and other public areas, we reserve the right to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
1.6 Prohibited Site Usage
You may only access the Content for educational and noncommercial adjudication purposes or as expressly described in these Terms of Use, or other applicable ArtsApp 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 shall not frame or utilize framing techniques to enclose any trademark, content, logo or other proprietary information (including images, text, page layout or form) of DEJEN DIGITAL, its content providers or its affiliates without our express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You are granted a limited, revocable, non-exclusive, non- transferable right to create a hyperlink to the Site so long as the link does not portray us, our content providers, our affiliates or our products or services in a false, misleading, derogatory or otherwise offensive manner. Org Managers are required to embed a link to our websites in order to direct applicants and instructors to our services. You may not use any DEJEN DIGITAL logo or other proprietary graphic or trademark as part of the link without express written permission.
1.7 Links to Third Party Sites
The Site contains links to third party web sites ("Third Party Sites"). Because we have no control over Third Party Sites, we do not endorse, have not reviewed and are not responsible for the availability of Third Party Sites. You acknowledge that use of Third Party Sites is at your own risk and that we are not responsible or liable, directly or indirectly, for any damage or loss you incur in connection with products or services available on Third Party Sites, nor for the accuracy, copyright compliance, legality, decency or other aspect of Third Party Sites.
1.8 Intellectual Property
a. Ownership of Copyrights: You (the Applicant or Artist) retain ownership of the copyrights and all other rights in the Materials furnished by you for use via DEJEN DIGITAL Services, subject only to the nonexclusive rights granted to us under this Agreement. You are free to grant similar rights to others during and after the term of this Agreement. By submitting Materials you grant ArtsApp a nonexclusive worldwide license to publicly perform, publicly display, broadcast, encode, reproduce, modify, publish, transmit, manufacture, distribute, create derivative works, and synchronize your Materials for the purpose of operation, presentation, promotion and distribution. Subject to additional terms and conditions you specify through our Uploading Service, you further grant us a non-exclusive worldwide license to permit authorized third parties to publicly perform, publicly display, broadcast, encode, reproduce, modify, publish, transmit, manufacture, distribute and synchronize your Materials for noncommercial and/or educational purposes of adjudication/review, audition, and transmission to the public via Internet. You will not use the Site to violate anyone's copyright, trademark, or other intellectual property rights. By submitting Materials and Content to the Site, you are representing that you are the owner of the Materials, or that you have the right to distribute materials under the terms of Copyright and Fair Use (see 1.8d below). All the copyright interests set forth above have been conferred on DEJEN DIGITAL by the owner(s) of those interests. Submitting Materials that are the property of another, without the consent of the owner, is not only a violation of this Agreement, but may also subject you to legal liability for infringement of copyright, trademark, or other intellectual property rights. Subject to the provisions contained in the section below (Section 1.12, "Term and Termination"), you may terminate your license to us with respect to some or all of your Materials. As an applicant, simply do not submit your materials to our site.
b. Removal of DEJEN DIGITAL Content or other Information Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any content or other Information comprising a part of the DEJEN DIGITAL Services. We will in no event be liable for the good faith removal of or disabling of access to any such content or Materials under this Agreement.
c. Digital Millennium Copyright Act: Copyright Infringement and Notification Policy
We respect the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement; please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement.
d. Copyright and Fair Use in the Digital recording and Distribution of Audition Materials: Publishers and the academic community have established a set of educational fair use guidelines to provide "greater certainty and protection " for Reviewers and applicants. While the guidelines are not part of the federal Copyright Act, they are recognized by the Copyright Office and by judges as minimum standards for fair use in education. A reviewer, teacher, applicant or student following the guidelines can feel comfortable that a use falling within these guidelines is a permissible fair use and not an infringement. It reads:
A single recording of a performance of copyrighted music may be made by a student for evaluation or rehearsal purposes, and the educational institution, or individual teacher may keep a copy. In addition, a single copy of a sound recording owned by an educational institution or an individual teacher (such as a tape, disc, or digital file) of copyrighted music may be made for the purpose of constructing aural exercises or examinations, and the educational institution or individual teacher can keep a copy. The educational guidelines (Circular 21) provide detailed information on the fair use of copyrighted material and can be found at
www.copyright.gov/circs/circ21.pdf.
e. Trademarks DEJEN DIGITAL, DEJENDIGITAL.COM, ARTSAPP, ARTSAPP.COM, and other DEJEN DIGITAL trademarks, service marks, graphics and logos used in connection with the DEJEN DIGITAL Services are trademarks or registered trademarks of the DEJEN DIGITAL in the U.S. and/or other countries. Other trademarks, servicemarks, graphics and logos used in connection with the DEJEN DIGITAL Services are the trademarks of their respective owners. You are granted no right or license with respect to any trademarks on our sites. Any use of such trademarks, (including but not limited to use) in connection with any product or service that is not that of our products or services. You are prohibited from using our trademarks to cause confusion among customers, or to disparage or discredit Dejen Digital.
1.9 Representations and Warranties.
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.
1.10 Indemnity
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. ArtsApp 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.
1.11 Insurance
DEJEN DIGITAL maintains liability insurance coverage for DEJEN DIGITAL and the DEJEN DIGITAL Services. The insurance policy does not cover any individuals or entities using the Services.
1.12 Term and Termination
Upon termination of this Agreement, all of our license rights terminate. We shall use reasonable efforts to discontinue public access to your Materials promptly upon termination; however, due to your participation in certain Services or promotions, your Materials may remain accessible following termination. We may terminate this Agreement with respect to any or all Services and promotions, at any time by so notifying you; the Agreement will terminate upon your actual receipt of such notice or three (3) days after we have sent a notice of termination to the email address you supply to us. Sections titled "Intellectual Property," "Term and Termination," "Representations and Warranties," "Disclaimer," "Waiver of Certain Damages" and "Miscellaneous" shall survive termination. As an Applicant, you may cancel your Account(s) by not finalizing materials to any portals in the ArtsApp system. As an Org Manager, terms of cancellation will be governed largely by our initial contractual agreement. As a Reviewer, you must have the Org Manager do this for you. Please inquire any additional questions by contacting us via e-mail to
info@DejenDigital.com.
1.13 Disclaimer
THE DEJEN DIGITAL SITE, THE MATERIALS, THE UPLOADING SERVICE, THE REVIEW/ADJUDICATION SERVICE AND THE DOWNLOADING SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH LIMITED WARRANTIES FOR OTHER WEBSITE SERVICES (BLOG, OPPORTUNITIES LISTINGS, DISCUSSION FORUM, GENERAL SITE) OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE.. WE WARRANT THE INTEGRITY OF OUR SOFTWARE AS CONTRACTUALLY OUTLINED IN AGREEMENTS WITH ORGANIZATIONS.WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE UPLOADING SERVICE, THE REVIEW/ADJUDICATION SERVICE AND THE DOWNLOADING SERVICE. BECAUSE OF POSSIBLY DISCREPANCIES BETWEEN OUR SITE AND USER MACHINES, INTERNET CONNECTION AND ACCESS, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE DEJEN DIGITAL SITE, MATERIALS, UPLOADING SERVICE, REVIEW/ADJUDICATION SERVICE AND DOWNLOADING SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
1.14 Waiver of Certain Damages
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING FROM THE MATERIALS, THE SERVICES, OR THE SITE, WHETHER OR NOT WE SHALL HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
1.15 Modification or Amendment of Agreement
We reserve the right, in our sole discretion, to change, modify, add or remove all or part of this Agreement. Notice of any amendments and/or modifications shall be sent to you or posted in the My DEJEN DIGITAL area at least three (3) days prior to their effective date. In the event that you do not consent to any such amendments and/or modifications, your sole recourse shall be to terminate this Agreement with respect to any or all Programs, as provided above.
1.16 Severability
If any provision of the Terms of the Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
1.17 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, exclusive of its provisions on conflicts of laws.
Section 2: Review/Adjudication Service
The Review/Adjudication Service is for users who wish to review and rate Content submitted to the Site by users of the Uploading Service (as Submitted by Applicants). The Review/Adjudication Service is the basic level available to registered users of the Site, and is also included as part of the Uploading Service and the Downloading Service. To participate in the Review/Adjudication Service Org Managers must first be granted status from us, the Administrator. As an instructor, you must be granted access from Org managers. After having access granted and an account created for you, you may then submit Materials such as text reviews and review results to the ArtsApp system. By submitting Materials you grant us a non-exclusive worldwide license to their use as described in Section 1.8.
2.2 Listening/Reviewing License
When you view, listen to or otherwise review (referred to herein, collectively as "Review") Materials on the Site, we grant you a limited, revocable, non-exclusive, non-transferable license to stream (or download if such privilege is made available to you) such Materials to your computer solely for your personal non- commercial use. You shall not copy, reproduce, distribute or use the Materials in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Materials in any manner and you shall not exploit the Materials commercially. This license to the Materials you Review will continue for as long as your copy of the Materials exists pursuant to and in accordance with the terms and conditions of this Agreement.
2.3 Submitting Materials
In order to submit Materials for use in your Profile for Content (such as audio, video, photos, digital images or documents), you must use an approved ARTSAPP delivery mechanism, and the Materials must conform to ARTSAPP standards, as described in the Uploading section of the Site.
2.4 Termination of Review/Adjudication Service
Subject to the provisions contained in Section 4, "Term and Termination" below, you may terminate your participation in the Review/Adjudication Service. You must still comply with the Terms of Use for any Materials downloaded, streamed, or otherwise transmitted to you during your use of the Review/Adjudication Service.
Section 3: Uploading Service (Student/Applicant Role)
The Uploading Service is for Applicants to a particular arts academic institution who wish to a) Have specified Content rated and adjudicated by individuals in the Reviewer/Adjudicator Role and b) license and distribute Content to authorized users of the Review Downloading Service, (Adjudicators and Org Managers, as well as access from Administrators as defined in the Downloading Policy). In order to use the Uploading Service you must create an ArtsApp Applicant Account and Profile and pay any required fees to complete your Content submission. You may then finalize your application and submit Contents to the Site for redistribution to Arts Organizations.
3.1 Uploading Policy
By using the Uploading Service you agree to abide by the Uploading Policy and Submissions Policy, listed in the DEJEN DIGITAL Policies section of the Site. By using the Uploading Service you are also automatically included in the Adjudicator Review Service and subject to its Terms and Conditions. Applicants are the primary users of the upload service.
3.2 License for Materials
By submitting Materials to us you grant us a non-exclusive worldwide license as described in Section 1.8 above. You may not at this time request additional use by authorized third parties of your Materials when setting license terms for your Content. Your content will be delivered and made available to Arts Organizations and Reviewers specified by you at the time of an applicant finalizing application materials. See each organizations’ website regarding the distribution rights of artist submitted materials.
3.3 Termination of Uploading Service License
Subject to the provisions contained in Section 1.12, "Term and Termination", you may terminate your agreement with respect to some or all of your Content/Profile at any time by deleting your content from our website, and/or not finalizing your submissions to any individual ArtsApp portal.
Section 4: Streaming/Downloading Service
The Streaming/Downloading Service is currently available to all users. On behalf of the Reviewers, Admissions Managers will complete a separate authentication and payment process with us, where payment is made to generate authorized access to instructors. You will create an account and a Member Profile, and be given access to specified applicant files. By participating in the Downloading Service you are also automatically included in the Uploading Service and Review/Adjudication Service and subject to the terms and conditions for both.
4.1 Materials
You may use the Materials only as permitted by this Agreement and the licensors of the Materials (the "Licensors"). You agree to comply with all of our terms of use, and you may not use the Content in any other manner. All rights not expressly granted to you in this Agreement or by the Content Licensors (Applicants) are reserved by us. The Applicants are solely responsible for the Materials. We do not produce, select, edit, or otherwise control the Materials, and we make no representations as to their accuracy, completeness, timeliness, reliability, or noninfringement. You are solely responsible for examining the Materials for any computer viruses, worms, or other harmful code that might damage or disable any hardware, software, information, or other property.
4.2 Termination of Downloading Service
Subject to the provisions contained in Section 1.12, "Term and Termination" above, you may terminate your participation in the Downloading Service. You must still comply with the Terms of Use for any Materials downloaded by you during your use of the Downloading Service.
Section 5 - Customer Service Contact Information
Applicants and Reviewers will be referenced to our online support portal for customer service. The arts organizations themselves will contact Support@ArtsApp, P: 513.278.7277. Because we will receive numerous uses from Applicants, our preferred medium of contact is via electronic mail.
Section 6 – Return Policy
All sales are final. Upon finalization/submission of content to one ArtsApp portal, applicants are no longer granted access to the materials submitted to said portal system. Applicants are responsible for the accuracy of their personal information, content submission, and payment information. Applicants also receive review results (from institutions) outside of the ArtsApp system. If an institution has difficulty with the system, they must contact our support team in writing within sixty (60) days after their trial period. We will work to fix the problem and fix any software issues that may occur. Returns for institutions will result in the immediate deletion of admissions materials, and a cancellation fee of 75% of anticipated admissions fee collections for the following admissions cycle. Contracts are for two admissions cycles. In the event of cancellation, no applicant fees will be reimbursed to applicants. In the event that a cancellation occurs after the first admission cycle but before the second cycle, no penalties will occur and no refund for the first year will be given.
Section 7 – Refund Policy
See Section 6, Return Policy
Section 8 – Cancellation Policy
The organization must make any organization cancellation for the ArtsApp service. This will result in premature deletion of applicant media and the ability for applicants to no longer use the ArtsApp system for their content submission. Applicants cannot cancel their submission once they have finalized (submitted) their application. If an applicant has not completed the final step to submit their materials, than he doesn’t need to make any formal cancellation. By not submitting his credit card/payment information for processing, an applicant is not confirming their intent to use ArtsApp to send materials to the organization. Reviewers cannot cancel, as they are not responsible for the creation of their account. We will not cancel a Reviewer/adjudicator account without the request of the employing arts educational institution.
Section 9 – Delivery/Shipping Policy
Applicant submitted media is immediately processed (to arts organization) upon submission of applicant’s credit card information. The applicant is responsible to check the accuracy and quality of submitted materials before finalizing their application. Physical shipping is not necessary. Invoices sent by Dejen Digital are to be paid according to the terms listed on the invoice. Invoices will be shipped via email to the contact of the arts organization, with payment due upon 30 days of invoice receipt.
Section 10 – Price List
Through the adjudication process, Reviewers can browse, listen to, rate and review a combination of audio files, video files, digital images, documents, and other pieces of content submitted by applicants (referred to herein as "Content"). Specified adjudicators will be given private access to your content and informational profile. Upon uploading content, applicants allow us to maintain content and demographic information in our database, which we can make available via the Internet for purposes of review by authorized parties. Applicants will pay a per-submission fee to submit materials into ArtsApp, and organizations will pay a monthly fee to have materials available for adjudication. The amount of the fee for an organization is $150/month for standard membership, and $200/month for a Pro membership. Applicants will purchase ArtsApp credits to submit materials, and 5-10 credits will be charged at the time of submitting materials to one portal. Note, at this point ONLY THE APPLICANT ARCHIVAL FEE (paid for by the Applicant) will be paid through the ArtsApp online payment system.
This Service is available to arts organizations and adjudicators through an authentication and payment process managed outside of the ArtsApp system. The minimum level of participation in Dejen Digital services is through the Adjudicator role, where instructors browse and adjudicate applicant content via web stream or audio download. Users of the Uploading Service (Applicants) are only allowed to upload and browse their own, original content. Users in the Org Manager role have the ability to initiate reviewer roles, organize the management levels for the arts organization, and correspond with reviewers (internal through ArtsApp) and applicants (externally).
Legal terms applicable to all Services are described in Section I: General Terms. The legal terms, which apply to the Review/Adjudication Service, the Uploading Service, and the Downloading Service, are described below in Sections 2, 3 and 4, respectively. Additionally, DEJEN DIGITAL Services are governed by Policies listed in the Policies section of the Site.
Privacy Policy
This page explains our policy regarding the collection, use and disclosure of the information you provide to us. This policy may change from time to time as our company changes, so please refer back to it periodically. This Privacy Policy explains our policy regarding the collection, use and disclosure of your personal information. As Dejen Digital (and ArtsApp, collectively referred to as Dejen Digital) grows and expands its services, this policy may change, so please refer back to it periodically. By accessing our Web site or using our services, you agree to abide by our information practices.
Personal Information
Dejen Digital accepts user uploaded audition materials, which are converted to a digitally compressed format for ease of transportation and size considerations. Dejen Digital is in the business of delivering the quality recordings, and always hopes for successful outcomes for the users of the ArtsApp system. Dejen Digital is not liable should an applicant not successfully upload or confirm proper media submission before finalizing their media portfolio. Dejen Digital is not liable for audition outcomes for any reason, including, but not limited to, the audio/portfolio quality of the digital audition. To ensure the integrity on an audition, Materials should be reviewed before submitting an application.
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. As an applicant, your personal information will be securely stored, and will not be sold, released, or made public to unauthorized third parties. Personal information means information that can be used to identify and contact you, specifically your name, postal delivery address, e-mail address, payment method (e.g., credit card or debit card) and telephone number.
When you register or re-register at our Web site, we ask you to supply us with personal information so that we can provide, enhance and personalize our services. More specifically, we ask this information to accurately match up your artistic content (audio, video, documents and/or digital images) with information previously submitted to your arts organization through their admissions sight. For similar reasons, we may supplement the personal information you provide with publicly available information about you. We use this personal information to process your registration, your content submissions, and your payments, and to communicate with you on these and other topics.
We keep track of your interactions with us, including but not limited to your site activity, applicant selections, applicant ratings, payment history, viewing hours, and correspondence as well as any instant media viewing and related activity. We use this information for such purposes as personalizing the site to better reflect particular interests. These help us quickly and efficiently respond to inquiries and requests and otherwise enhancing our service offering for our customers. We also provide analyses of our users in the aggregate to prospective partners, advertisers and other third parties. We will not at this time publicly disclose and otherwise use, adjudication ratings, commentary, reviews, content submitted by Dejen Digital applicants, and/or other non- personal information about individual customers. For arts organizations: we do reserve the right to disclose non-private information about your membership to parties outside of the Dejen Digital System.
While using the Dejen Digital service and Web site, some user roles (applicant, reviewer, Org Manager) will have opportunities to post reviews or other personal information in private forums. Please understand that when you post such information, it is made public within your party, and may not be subject to this policy.
Links to Other Sites
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.
Children/Minors
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.
Viewing and Updating Your Information on ArtsApp
You are responsible for maintaining the truth and accuracy of the personal information you provide to us relating to your account. You may have limited access to update your contact information or change your payment method. As an applicant, you are responsible for confirming the quality and accuracy of your demographic information and audition content before finalizing your application. You should do so by visiting Step One when creating your account. You must be signed in to access your account. You can only make changes to your overall account program with permission from Dejen Digital, as we manage user roles and grant privileged access.
Cookies and Other Technology
As you browse the ArtsApp site, cookies are placed on your computer's hard drive. (Cookies are small pieces of data that are sent to your browser from a Web server and stored on your hard drive for record keeping purposes.) In general, cookies can make the Web more useful by storing information about your preferences on a particular site. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. If your browser is set to not accept cookies, you may not be able to use the Dejen Digital site or service.
In addition to cookies, we use other technologies, including pixel tags, to gather information on how our users interact with our site and to otherwise help us efficiently operate and monitor our site and service. This technology shows us, for example, popular pages, conversion rates, click-troughs and other information that can be used to improve, operate and monitor our site and our service. Third parties, including consultants we engage and online advertisers may also use this technology to perform similar services for us as well as to assess their own advertising or services.
Disclosure of Personal Information
Except as otherwise disclosed to you, we will not sell, rent or disclose your personal information to third parties without notifying you of our intent to share the personal information in advance and giving you an opportunity to prevent your personal information from being shared.
We use other companies, agents or contractors to perform services on our behalf. For example, we have partnered with other companies to personalize and design our Web pages, process credit card transactions, collect debts, analyze and enhance data, increase ease of use including customers' interaction with our site. We also provide postal addresses to the U.S. Post Office for delivery purposes. In the course of providing such services, these other companies may have access to your personal information. These companies are not permitted to use your personal information except for the purpose of providing the services we request of them.
From time to time, we may partner with organizations whose products/services we believe will interest our users. In conjunction with these partners, we may send promotional announcements and/or serve web-based advertisements to our customers on their behalf. Your private email address will not be used for this information. In addition, we may offer joint promotions or programs that, in order for participation, will require generic information be shared with third parties. In such instances, you will be provided with notice of the sharing.
Dejen Digital also reserves the right to disclose personal information when we reasonably believe disclosure is required by law, if we reasonably believe disclosure is necessary to establish or exercise legal rights, or in situations involving potential threats to physical safety. In the event that Dejen Digital is acquired by or merged with a third party, we reserve the right, to sell or otherwise transfer the personal information we have collected as part of that transaction provided that such third party continues to honor our privacy policy.
Security
Dejen Digital considers information security very seriously and uses reasonable administrative, technical and managerial measures to protect your personal information from unauthorized access. For example, we utilize Secure Sockets Layering (SSL Certificate), an industry-standard protocol for certain of your transmissions to us, in order to encrypt the personal information that you send to us through the registration and sign up process. We store your email address and payment method information in an encrypted form, and do not share them with outside parties.
You are responsible for maintaining the confidentiality of your own account information and for restricting access to your computer or mobile device through which you access your Dejen Digital account. DO NOT SHARE YOUR PASSWORD WITH ANYBODY. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Dejen Digital Web site.
Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for unauthorized access to it. By using this Web site, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site.
Changes to This Policy
As we update and expand our services, we may make changes to this policy. You should check back for updates to this policy from time to time. If the changes result in materially less protection for your personal information than that provided in this policy, we will make reasonable efforts to contact you and obtain your consent to the changes. Like our Terms of Use, of which this policy is a part, your use of the Dejen Digital Web site or continued use of our service after our efforts to contact you means that you agree to be bound by such changes.
Contact
If you have questions concerning this privacy policy, please contact
Info@dejendigital.com. You can contact us via postal mail at 1000 LaSalle Avenue, Suite 326, Minneapolis, MN 55403. Attention: Privacy.
Drafted by Patricia A. Zurlo, Zurlo Law Office, 1076 West 7th Street, Saint Paul, MN 55102. zurlolaw@mac.com 651-269-1305. All rights reserved. Last updated: March 2010