These DeviantArt Launchpad Program Terms and Conditions (hereinafter, the “Program Terms”) are an agreement between DeviantArt, inc. (hereinafter, “DeviantArt”, “us” or “we”) and you, and together with DeviantArt’s general Terms of Service (the “General Terms” and collectively: the “Terms”) set forth the terms and conditions which govern your use of any DeviantArt services including services allowing DeviantArt users and you to apply for and participate in the Program (the “Services”).

 

In the event of a difference or contradiction between these Program Terms and the General Terms, the terms set forth herein shall prevail to the extent they relate to your use of the Services or the Program, otherwise the General Terms shall prevail. Any capitalized terms used herein and not otherwise defined herein, shall have the meaning ascribed to them in the General Terms.

 

PLEASE read these Program Terms carefully before accessing or using the Services. By accessing or using the Services, you agree to be bound by the terms and conditions set forth herein. If you do not wish to be bound by the Program Terms, you may not access or use the Services and should immediately cease such use. DeviantArt may modify, with or without notice, these Program Terms at any time, and you agree to review the Program Terms periodically to be aware of such modifications. Your continued access or use of the Services shall be deemed your conclusive acceptance of any modified Program Terms.

 

1. Definitions

“Program” means the DeviantArt Launchpad benefit program featured in the Program site - https://www.deviantartlaunchpad.com/.

 

“Qualified” means an individual who has successfully met the Qualification Requirements and has received written confirmation of such from DeviantArt.

 

“Qualification” means the process and successful completion of the Qualification Requirements as described in those terms.

 

“Qualification Application” means the application submitted by an individual in order to be Qualified.

 

“Qualification Requirements" means any one of the sets of requirements established by DeviantArt that an individual must meet to become Qualified and must continue to meet to maintain the Qualification. The Qualification Requirements may be further described in Section 2 herein as the Qualification process and/or on the Qualification site.

 

1. Qualification Process

 

1. General Eligibility Terms

 

1. You understand and agree that in order to participate in the Qualification process and submit the Qualification Application (as defined above), you must: (i) be at least 18 years old; (ii) have sufficient art sales experience and an applicable portfolio in other online platforms; and (iii) agree to DeviantArt’s Terms of Service and acknowledge you’ve read DeviantArt’s Privacy Policy.

 

1. Qualification Application

 

1. In order to get the chance at becoming Qualified, you need to submit a Qualification Application within the applicable period mentioned in the Program site unless stated or announced otherwise by DeviantArt. You acknowledge and agree that DeviantArt will review your Qualification Application in accordance with different criteria, your sales record and experience, your portfolio and the applicable Qualification Requirements. In addition, DeviantArt may, as part of the review process, conduct an interview with you. Declining such an interview will have a material effect on the Qualification Application’s review.

In case DeviantArt determines that you have Qualified, it will inform you of such status, until within the applicable period mentioned in the Program site, or within another period as DeviantArt may decide on, in its absolute discretion.

 

1. You acknowledge that DeviantArt may update or modify the content of the Qualification Requirements or process at any time to reflect changes to DeviantArt technology, to preserve the integrity of the Program or Qualification or for any reason that DeviantArt may deem necessary.

 

1. You acknowledge that DeviantArt has the sole right, at its sole discretion, to determine whether you have Qualified or not, based on your Qualification Application. DeviantArt’s decision-making process will not be publicly disclosed and its decisions regarding the Qualification process are final and binding in all respects, unless DeviantArt states otherwise. 

 

1. As a condition for the Qualification, you will be required to sign an applicable Program participation agreement (the “Agreement”) and you may be required to sign or fill out any additional documents, such as license forms or contracts in order to be considered as Qualified.

2. You hereby waive any right to contest or challenge any decisions made by DeviantArt and agree not to pursue any legal, administrative, or other remedies against DeviantArt in relation to any aspect of this Program, including any decision regarding Qualification.

 

1. Qualification Maintenance

 

1. To maintain your Qualification, you must:

 

1. Maintain compliance with your obligations under these Program Terms and those detailed in the Agreement;

 

1. Meet the current Qualification Requirements, as may be specified or modified by DeviantArt from time to time.

 

1. DeviantArt may revoke, at its sole discretion, your Qualification, if (a) DeviantArt considers that your actions and/or behavior may harm DeviantArt’s reputation and integrity, or the reputation of the Program, as decided at DeviantArt’s sole discretion; or (b) if you are in breach of your obligations under the General Terms, the Agreement or these Program Terms.

 

1. You agree that as part of your business and/or services and/or behavior provided under or in relation with the Qualification, you will (a) be compliant with all applicable laws and regulations; (b) avoid any activity that would be defined illegal, unethical, deceptive or misleading or in any other way that could cause any kind of harm to the reputation and name of DeviantArt; and (c) not make or appear to make any warranties, representations or guarantees on behalf of DeviantArt or related to DeviantArt products or services or that misrepresent your relationship with DeviantArt or gives the impression that DeviantArt endorses or recommends your business or services or behavior, unless as agreed and detailed in the Agreement or in these Program Terms.

 

1. DeviantArt retains all rights, title and interest in and to all Qualification, Qualification Requirements and related information, content, data, Qualification Applications, assignments, materials, and all copyrights, patent rights, trademark rights and other proprietary rights therein. All rights not expressly granted by DeviantArt to you are expressly reserved to DeviantArt.

 

1. The Qualification for the Program is non-transferable and may not be replaced with any cash redemptions, equivalents or substitutions.

 

1. Confidentiality

 

1. You understand that the Qualifications documentation, Qualification Applications, questions, assignments and any and all information related to the Qualification process and Qualification Requirements shall be considered and treated as Confidential Information of DeviantArt (“Confidential Information”).

 

1. You undertake, to: (a) hold all Confidential Information in confidence and take all reasonable measures to protect the Confidential Information; (b) make no use of the Confidential Information except as expressly allowed under these Program Terms; and

(c) not disclose, reproduce, disseminate or transmit in any way any portion of the Confidential Information to any third party in any form, including without limitation, written, electronic or oral form.

 

1. Term and Termination

 

1. These Program Terms shall be in effect as of the date you accept these Program Terms and until you are no longer a part of the Program, in accordance with the provisions of these Program Terms.

2. DeviantArt, in its sole discretion and without prejudice to any rights it may have under these Program Terms, the law, equity or otherwise, may terminate these Program Terms at any time upon the occurrence of any one of the following events: (a) failure by you to comply with the requirements established by DeviantArt for maintaining your Qualification, including the Qualification Requirements; (b) misrepresentation by you of your Qualification status; (c) your behavior in a manner that DeviantArt believes could harm DeviantArt’s reputation or the Program’s reputation; (d) your misappropriation or disclosure without authorization, of any DeviantArt’s trade secret or Confidential Information; or (e) your failure to comply with any of the terms of the provisions of the General Terms, of the Agreement or of these Program Terms.

 

5.3 Upon termination of these Program Terms, you shall immediately cease all participation in the Program allowed to you under these Terms and all such involvement shall be terminated. The provisions of Section 5, 6, 7, 8 and 9 shall remain in full force after the termination of these Terms.

 

1. Limitation of Liability

 

IN NO EVENT SHALL DEVIANTART BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS) ARISING FROM THESE PROGRAM TERMS OR IN ANY WAY RELATED TO YOUR QUALIFICATION, YOUR FAILURE TO ACHIEVE OR MAINTAIN QUALIFICATION OR THE TERMINATION OF YOUR QUALIFICATION, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF DEVIANTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

1. Indemnification

 

You agree to Indemnify and hold harmless, DeviantArt and its affiliates from and against any and all expenses, damages and losses of any kind (including, without limitation, fines, reasonable professional fees and costs) incurred by DeviantArt and arising out of any claims which may be brought against DeviantArt and which may result of (a) a breach by you of these Program Terms (b) any claim that you’ve made a deceptive, unlawful, misleading use of the Qualification or any other use that may harm the name or reputation of DeviantArt or of the Program.

 

1. Miscellaneous

 

1. DeviantArt reserves the right to cancel, change, suspend or terminate the Program (including Program dates, submission and Qualification dates and the number of participants in the Program), Qualification, and/or any of the Qualification Requirements, for any reason and/or change any of the provisions of these Program Terms with or without prior notice - at any time and in any manner.

 

1. If you have submitted a Qualification Application, DeviantArt may, but shall not be obligated, to contact you and notify you regarding the status of your Qualification Application by email at the email address provided by you as part of your registration to the Qualification process. However, it is your responsibility to regularly check these Program Terms in order to be updated of any changes that might occur.

 

1. You agree that DeviantArt will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, of the Program or of the provisions of these Program Terms.

 

1. You and DeviantArt are independent contractors, and nothing in these Program Terms will create any partnership, joint venture, agency, franchise, sales representative, or other relationship between the parties. Neither of the parties will have the authority to make or accept any offers or representations on behalf of the other party.

2. The Terms and DeviantArt’s Privacy Policy, constitute the entire agreement and understanding between DeviantArt and you with respect to the subject matter thereof and supersedes all previous understandings, agreements and representations between DeviantArt and you, written or oral.