The Diverse Arts Project - Terms and Privacy Policy

TERMS AND CONDITIONS

The following Terms of Use (“Terms,” “Agreement”) governs all use of The Diverse Arts Project, LLC (“The DAP”, “we,” “us,” “our,”) and applies solely to use of The DAP, particularly through its website www.thediverseartsproject.com and/or www.thedap.squarespace.com and Tumblr page www.thedapblog.tumblr.com, which are collectively referred to as the Website (“Website”) and all content, services and products available through the Website. The use of the Website is subject to your acceptance of all of the terms and conditions contained herein, including our Privacy Policy below and all other operating rules and policies and procedures that may be published from time to time on the Website.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 13 years old.
Acceptance of Terms
By accessing the Website, in any way, you agree to our Terms and Privacy Policy and Prohibited Content Policy.
Our Obligations
We shall not be liable for any failure to perform our obligations under this Terms of Use or under our Privacy Policy or Prohibited Content Policy, particularly if such a failure arises from technical difficulties not in our hands or if it arises from a dissolving of The DAP.
Indemnification
You agree to indemnify and hold harmless The DAP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Terms of Use, the Privacy Policy or the Prohibited Content Policy.
Responsible User Content
You are entirely responsible for the content of, and any harm resulting from, the content you supply to this site, including but not limited to, submitted work, shared work or shared comments on our Art Blogs, Interviews or On the Scene sections (“User Content”). That is the case regardless of whether the User content in question constitutes text, graphics, an audio file, or computer software. By making content available, you represent and warrant that the use of the User content will not infringe the proprietary rights of any third party, that you have complied with any third-party licenses relating to the User content, that the User content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content, that the User content is not spam or any other unlawful medium, that you provide links that are not misleading or link to any offensive site, as determined by and in line with the Prohibited Content Policy.
Copyright Infringement and DMCA Policy
We respect the intellectual property rights of others. If you believe that material located on or linked to by The DAP violates your copyright, you are encouraged to notify The DAP. The DAP will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The DAP will terminate a blogger’s access to and use of the Website if, under appropriate circumstances, the blogger is determined to be a repeat infringer of the copyrights or other intellectual property rights of The DAP or others.
Other Conditions
You will not try to harm or destroy the website through any methods, including, but not limited to, over-loading the server, trying to access parts of the site that are not meant to be accessed by you, and harming the site through the use of viruses, malware, worms, Trojan horses or other destructive content.
Disclaimer of Warranties
The Website is provided “as is.” The DAP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The DAP nor its suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will The DAP, or its suppliers or licensors or present and future owners, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The DAP under this agreement during the twelve (12) month period prior to the cause of action. The DAP shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

PROHIBITED CONTENT POLICY

On certain parts of The DAP website -- www.thediverseartsproject.com, www.thedap.squarespace.com, and www.thedapblog.tumblr.com (collectively known as the "Website") -- users have the ability to comment and share. We hope that the sharing is always appropriate and considerate.
If a user shares any information, in any way through the Website that is racist, sexist, classist, defamatory, intolerant, threatening or otherwise offensive, as determined by us, that user's comments or information will be deleted at our sole discretion. And if necessary, further legal action will be taken.

PRIVACY POLICY

This Privacy Policy (“agreement,” “policy,” “notice”) discloses the privacy practices of The Diverse Arts Project, LLC (“The DAP”, “we,” “us,” “our,”) and applies solely to information collected by The DAP through its website www.thediverseartsproject.com and Tumblr page www.thedapblog.tumblr.com, which are collectively referred to as the Website (“Website”).
This Privacy Policy is subject to alteration at any time, and use of information that we collect will be subject to the privacy notice then in effect. Changes will be reflected here. Please note that, in addition to other uses specified in this privacy policy, we may disclose and use personally identifiable information in special circumstances such as when required by law or where it is necessary to enforce one of The DAP's policies.
Please refer back to this Privacy Policy on a regular basis. By using our Website, or any of the products or resources that we provide on our Website, you agree to the terms of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Website. You use of this Website is affirmation that you accept this policy.
Information Collection and Use
The DAP is the only owner of the information collected on the Website. The DAP collects information from our users in various ways. When you submit art or other artistic work, make comments on the Art Blogs, and at other times, we will collect personally identifiable information from you that may include your name, email address, birth date, age and gender. Please do not share information with us that you are not comfortable with us collecting.
Please note that if you leave a comment on any of the Art Blogs or on The DAP Blog (Tumblr page), your comment will be available for everyone to see. We advise you not to disclose any personally identifiable information when you participate in any of these aspects of the Website.
Children should not visit the Website. Further, The DAP does not knowingly collect personal information from children under the age of thirteen. The DAP will not accept information, email addresses, submissions, etc. from any person under the age of thirteen.
We use technology to collect some information about you. When you come to the Website, your IP address is collected so that we can operate the Website.
We use (and disclose as applicable) the information that we collect from you in the following ways:
1. For the purposes that you specifically provided the information to us such as to enable us to share your work or information on the website as specified or to share work or information on the website with you.
2. To send you the e-newsletter.
3. To contact you if there is a problem in using any aspect of the Website.
4. To send you email or other notices about our new or existing products or services, special offers, or to otherwise contact you.
5. To send you email or other notices about events, products or services that we believe you might be interested in.
6. To enhance existing features or develop new ones.
7. For our internal purposes. (For example, we may use the information that we collect to monitor use and activity on the Website, to improve your experience or to improve the content that we provide.)
8. To provide advertisers, media companies and other third parties with aggregate information about the Website, our user base and usage patterns. (For example, we may include aggregated information in an advertising or media kit.)
9. To allow us to personalize the content or advertising that you and others see based on your personal interests, characteristics or preferences.
10. To third-party service providers to assist us with any of the above.
Submissions
Any personal information or artistic content which you voluntarily disclose to us by submitting through our online submissions manager for possible publication becomes – upon acceptance/ publication – publicly available and can be collected and used by others upon publication on the Website. If your work is accepted, we will contact you at the email address you have provided. We acquire first electronic publishing rights. All other rights revert to the writer after publication. Published work remains part of The DAP Journal’s online archive. If the work is reprinted, we ask that you acknowledge “The Diverse Arts Project” or “The DAP Journal” as the original place of publication. Unfortunately, we cannot offer payment for the work we publish at this time.
Sharing Work
Any personal information or artistic content which you voluntarily disclose to us by submitting to our email address share [at] thediverseartsproject [dot] com becomes publicly available and can be collected and used by others on the Website (both www.thediverseartsproject.com and www.thedapblog.tumblr.com). Please note that we do not make any claim on the rights to your work. As such artistic content that you share with us in this manner is posted on our Tumblr page, we suggest that you read Tumblr’s Terms of Service before submitting to us. Your work will be subject to their Terms of Service as well as our Privacy Policy and Terms of Use.
Consent to Transfer
The Website is operated in the United States (“US”). If you are located outside of the United States, the information you provide will be transferred to the US. The privacy laws in the United States may not be as protective as those where you are located. By using or visiting the Website, or providing us with your information, you consent to this transfer.
Third Party Intermediaries
We use an outside service to process any orders in our DAP Store. This service does not retain, share, store or use personally identifiable information for any secondary purposes. We also use an outside service (through our use of Tumblr) to share information and other works. You should be aware that your comments and actions on our Tumblr site are subject to Tumblr’s privacy and user policies.
Weebly
The Website was created on a domain purchased through Weebly, Inc. (Weebly). Weebly, Inc. is a licensee of the TRUSTe® Privacy Seal Program. The privacy statement and practices of Weebly, Inc. have been reviewed by TRUSTe for compliance with its program requirements.
Weebly may collect data in their log files. They may or may not collect your IP address, browser type, domain name, and log the length of time of you visit and the number of times you visit. The DAP does not have access to this information but Weebly may use this information to gather aggregate demographic information that helps them to provide you with services and information that are relevant to you. Please see the Weebly privacy policy for information on how they may use your information - http://www.weebly.com/privacy.html.

Squarespace

Currently we use Squarespace to host our site and to enable our Editors and Art Bloggers to access the site. Squarespace may collect data in their log files. They may or may not collect your IP address, browser type, domain name, and log the length of time of you visit and the number of times you visit. The DAP does not have access to this information but Squarespace may use this information for various reasons. Please see the Squarespace privacy policy for information on how they may use your information – http://www.squarespace.com/privacy/
Tumblr
Currently we use Tumblr to host our blog, The DAP Blog.
Tumblr may collect data in their log files. They may or may not collect your IP address, browser type, domain name, and log the length of time of you visit and the number of times you visit. The DAP does not have access to this information but Tumblr may use this information for “the purpose of troubleshooting.” Please see the Tumblr privacy policy for information on how they may use your information – http://www.tumblr.com/policy/en/privacy
Google AdSense
In addition to using advertisers and media companies, this Website may also use Google AdSense. Please note the following items about Google AdSense:

Third party vendors, including Google, use cookies to serve ads based on your prior visits to the Website.
Google uses the DART cookie, which enables it and its partners to serve you base don your visit to our Website and/or other sites on the Internet.
You may opt out of the use of the DART cookie by visiting Google’s advertising opt-out page.
Other third-party vendors or ad networks may also be used to serve ads on the Website, a list of which can be found here. You may visit these websites to opt out of cookies (if the vendor or ad network offers this capability). You can also opt out of some, but not all, of these cookies in one location at the Network Advertising Initiative opt-out website at www.networkadvertising.org/managing/opt_out.asp.

Submishmash
Currently we use Submishmash to receive submissions and payment information for contests.
Submishmash may collect data in their log files. They may or may not collect your IP address, browser type, domain name, and log the length of time of you visit and the number of times you visit. The DAP does not have access to this information but Submishmash may use this information for “the purpose of troubleshooting.” Please see the Submishmash privacy policy for information on how they may use your information – http://www.submishmash.com/privacy-policy/
Links
The Website contains links to websites of third parties. Please be aware that we are not responsible for the content or privacy practices of such third-party websites to which we link or to which we are linked. Accordingly, this Privacy Policy does not apply to such third parties or third-party websites. We encourage our users and visitors to be aware when they leave the Website and to read the posted privacy statements or policies whenever interacting with any website.
In addition to links on the Website, the e-newsletter may also include links to various websites or businesses. Again, we are not responsible for the content or privacy practices of these third-party websites. This Privacy Policy does not apply to these websites and we encourage you to be aware that when you click on a link in an e-newsletter and it does not link to the Website, but another, third-party site, you should familiarize yourself with the privacy statements or policies of that third-party site.
Security
The Website takes every precaution to protect our users’ information. When users submit sensitive information to the Website, their information is protected both online and off-line.
Cookies
Cookies are pieces of information that a web site sends to your computer while you are viewing the web site. These pieces of information allow the web site to remember important information that will make your use of that site more useful.We currently use cookie-related technology (such as cookies, or web beacons) on the Website.
Please be aware that third parties, such as parties who provide ads to the Website, may employ the use of cookie-related or other technology. The DAP is not responsible for the actions of nor use of such technology by such third parties.
Contests
From time-to-time, we may conduct contests requiring submissions from users. For contests we may use the personally identifiable information that we collect from you to notify the winners and award prizes. We may also use the personally identifiable information that we collect from you as described above in this privacy notice, particularly the “Submissions” section. Further, if these contests require a payment of fees by you, we have no access to your credit card or other payment information. All payment information is handled through Submishmash, a third party.