Detroit Design Festival “Community Source” Platform
(1) The Website: The Detroit Design Festival “Community Source” Platform and Website (hereinafter the "Platform" and "Website") is a virtual community that allows users to post, share, submit for public viewing and community based resource sourcing original concepts for design-centric events or happenings and/or pledge financial, personal-related or in-kind resources for such events or happenings that will occur as part of the Detroit Design Festival, which will occur from September 19, 2012 through September 23, 2012.
(2) Administrator: Detroit Design Festival is administered by the Detroit Creative Corridor Center, 460 W. Baltimore, Detroit, MI 48202 (the “Administrator”).
This Agreement will remain in full effect as long as you use the services offered by the Website. Administrator, in its sole discretion, may terminate the services offered by this Website at any time, and is under no obligation to provide notice of termination to any of its Participants and/or Guests and will not be liable for any damages incurred as a result of such termination.
If any term of this Agreement is held as invalid, such term will not invalidate this Agreement or any other such terms contained herein.
Administrator, in its sole discretion, reserves the right to modify, revise and/or update this Agreement at any time; and Participants and Guests agree to be bound by any such modification, revision or update. Administrator, in its sole discretion, may attempt to notify Participants and Guests when these changes are made. Regardless, you should periodically review the most recent version of this Agreement, accessible via the “Terms and Conditions” link on the Website.
(4) Timing: Participants will be able to access the Platform during two phases: a submission phase (the “Submission Phase”) and a community-source phase (the “Community Source Phase”). The Submission Phase begins at 12:00 am ET on June 13, 2012 and ends at 11:59 pm ET on July 31, 2012. The Community Source Phase begins at 12:00 am ET on June 13, 2012 and ends at 11:59 pm ET on August 31, 2012. Administrator’s computer is the official timekeeping device for both the Submission Phase and the Community Source Phase.
(5) Eligibility to Submit a Happening: Only legal residents of the fifty (50) United States, eighteen (18) and older may submit Happenings on the Website. By registering to submit a Happening and/or by submitting a Happening, you represent and warrant that you meet the eligibility criteria as set forth above, that the registration information you submit is truthful and accurate and that you will maintain the accuracy of such information with the Website.
(6) Termination of Services: Administrator, in its sole discretion, may terminate your ability to use the Website or submit Happenings on this Website at any time, for any reason and without advance warning.
(7) How to Submit a Happening: During the Submission Phase (see Section 4 above for exact dates), visit www.detroitdesignfestival.com and click on the link titled “Submit a Happening.” You will be directed to a series of instructions and an online application form. Review the instructions and scroll down to the online application form. Complete all required fields on the online application form – including a valid email address, username and password – and, upon completion of all requested fields, click on the “Submit Your Happenings” button at the bottom of the page to create a Happening profile (a “Happening Profile”). You are solely responsible for ensuring your password remains confidential. You also agree not to use any password, Account or username of a third party. If you suspect un-authorized use of your Account, you must notify Administrator immediately by emailing firstname.lastname@example.org. Administrator will not be responsible for any un-authorized use of any Account or the personally identifiable information contained therein. Each Participant is solely responsible for any and all use of his/her Account.
(8) How to Support – or “Source” – a Happening: During the Community Source Phase, visit www.detroitdesignfestival.com and click on the link titled “Proposed Happenings” (before July 31, 2012) or titled “Happenings” (between August 1, 2012 and August 30, 2012). Review each Happening Profile and the resources needed by each. You can pledge financial, personnel, in-kind or service-type resources. To pledge a resource, contact the lead party listed on the Happening Profile via the contact information provided in the respective Happening Profile. You and the lead party listed on the Happening Profile are solely responsible for negotiating any and all agreements regarding the offer, acceptance and/or use of resources you pledge for a Happening. Neither Administrator nor its affiliates will be responsible for any direct or indirect damages incurred as a result of the negotiating process or offer, acceptance and/or use of resources pledged to any Happening.
(9) Uploading a Submission and Pledging Resources - Guidelines and Restrictions: By using the Website either as a Participant or a Guest, you agree to abide by the following guidelines and restrictions, as set forth below:
All Participants must post content that:
(a) Is owned or lawfully licensed for such use to the lead party uploading it;
(b) Clearly describes all material elements of your proposed Happening;
(c) Contains accurate contact information;
(d) Contains an accurate needs assessment; and
(e) Is a 1mb, jpg with the following resolution: min width 500px and min height 200px (if a “featured image” that is to be used as background imagery for your Happening Profile) or is a .jpg, .gif, .png, .pdf file type.(if used as a “secondary image” that further expands your concept).
Participants are not permitted to upload or post content that:
(a) Maliciously and without permission modifies, alters or changes any part of the Website;
(b) Is offensive, obscene, vulgar or content that promotes racism, hatred, bigotry or physical harm of any kind against any group or individual;
(c) Contains copyrights, trademarks or other intellectual property not owned by yourself, unless you have express permission from the owner of that content;
(d) Furthers or promotes any illegal or prohibited activity;
(e) Promotes un-related commercial activity (unless Administrator's permission is expressly provided); and
(f) Promotes and/or involves the transmission of junk mail, SPAM, un-wanted instant messaging or anything else that may violate another's privacy rights.
Failure to abide these Guidelines and Restrictions may result in termination of Services, deletion of the infringing content and/or both, in Administrator’s sole discretion. Administrator assumes no liability or responsibility for any content posted, or any responsibility for the conduct of the Participant uploading the content. Administrator claims no ownership rights in any content uploaded to the Website and each Participant continues to own and retain any and all ownership rights, including, but not limited to any trademarks or copyrights, to the content. Nonetheless, by uploading the content, you do grant Administrator a limited license to use, modify, display, reproduce and/or distribute your content on and through the services offered in the Website. Administrator makes no warranties, either expressed or implied, as to the accuracy and reliability of the Content posted on the Website.
(10) Submissions by Participants Outside the Fifty (50) United States: If you are not a legal resident of the fifty (50) United States, by uploading content onto the Website, you represent and warrant that you have obtained the requisite approval from any and all local and national authorities, authorizing you to upload that content and share it with others outside of your jurisdiction of residence.
(11) Digital Millennium Copyright Act Notice: You may not post any content that contains copyrights, trademarks, patents or other intellectual property belonging to someone other than yourself without receiving prior, express written consent from the owner of that content permitting you to post that content. In the event that infringing content is posted, Administrator, upon receiving notice of the infringing material, will immediately remove the material. Administrator may, in its sole discretion, re-post the material on the Website if it believes, in its sole discretion, that the material does not infringe on any copyright, trademark, patent or other intellectual property belonging to someone other than the person uploading the content.
Not withstanding the generalities set forth above, if you believe that your copyright has been wrongfully copied and uploaded on the Website, please email email@example.com, subject line: INFRINGING MATERIAL to have the content removed and examined by Administrator. Complete and submit the request, including:
(a) A physical or electronic signature of the Third Party Rights Holder whose exclusive rights have allegedly been infringed;
(b) Identification of the protected work claimed to have been infringed, or, if multiple works at a single online website are covered by a single notification, a representative list of such works at that website;
(c) Identification of the Happening or portion thereof that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Administrator to locate the Happening;
(d) Information reasonably sufficient to permit Administrator to contact the Third Party Rights Holder, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that the Third Party Rights Holder has a good faith belief that use of the Happening or any element therein in the manner complained of is not authorized by the Third Party Rights Holder or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Third Party Rights Holder is authorized to act as the owner of an exclusive right that is allegedly infringed.
See 17 U.S.C 512(c)(3) for further details. Administrator is not responsible for any material posted by any of its Participants and/or Guests that may infringe any copyright, trademark, patent or other intellectual property interest held by another.
(11). Limitations of Liability: NEITHER ADMINISTRATOR, ITS OFFICERS, DIRECTORS, EMPLOYERS, AGENTS, PARTNERS, ADVERTISERS NOR ANY OTHER PARTY AFFILIATED WITH THE WEBSITE SHALL BE RESPONSIBLE TO YOU OR ANY ASSIGNEES, FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTAIL, RESULTING FROM (a) PERSONAL INJURY ARISING OUT OF USE OR MISUSE OF THE WEBSITE OR THE CONTENT POSTED THEREIN; (b) ERRORS, MISTAKES OR INACCURACY OF CONTENT POSTED ON OR RESOURCES SHARED AS A RESULT OF POSTING A HAPPENING THE WEBSITE; (c) TECHNICAL ERRORS RESULTING IN THE DELETION OF HAPPENINGS, THE DELETION, ALTERATION OR MODIFICATION OF INFORMATION POSTED ON HAPPENINGS AND/OR THE SHARING OF PERSONAL INFORMATION CONTAINED IN HAPPENINGS; (d) ANY UN-AUTHORIZED ACCESS TO OR USE OF ADMINISTRATOR'S SERVER AND/OR ANY ALL PERSONAL/FINANCIAL INFORMATION STORED THEREIN; (e) ANY SOFTWARE MALFUNCTIONS, INTERRUPTIONS OR CESSATION OF TRANSMISSION OR SERVICE TO OR FROM ADMINISTRATOR'S WEBSITE; (f) ANY BUGS, VIRUSES, BOTS OR THE LIKE WHICH MAY BE TRANSMITTED TO, THROUGH OR FROM THE WEBSITE; OR (g) ANY ERRORS, MISREPRESENTATIONS OR OMISSIONS IN ANY CONTENT UPLOADED, POSTED, SHARED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
(12). Release: You agree to release and hold harmless Administrator, its officers, directors, employers, employees, agents, partners, advertisers or any other party affiliated with the Website (the “Released Parties”) from and against any and all personal or financial injury resulting from your use or misuse of the Website and/or any services offered therein. This release will survive this Agreement and your use of the Website.
(13). General Conditions: Administrator, in its sole discretion, reserves the right to modify and/or terminate the Website at any time, in which event Administrator will not be responsible for any information lost, modified or deleted. Administrator reserves the right to seek damages from any person attempting to deliberately undermine the integrity or proper functioning of this Website, or any portion thereof, as such may be a violation of criminal and civil law.
(14). Indemnity: By participating in the Website, you agree to indemnify and hold harmless the Released Parties from and against any and all claims, damages (whether incidental, consequential, indirect, direct or punitive), costs, expenses (including but not limited to attorney's fees and/or debt) arising from: (i) any use of or access to the Website; (ii) any violation, whether willful or innocent, of any term of these Terms; (iii) any violation, whether willful or innocent, of any third party right (including, without limitation, right to any copyright, license, property, or privacy); and/or (iv) any claim that content you uploaded caused damage to a third party.
(15). Disputes: Any and all disputes arising from the use of the Website and the interpretation, validity and construction of these Terms shall be by the laws of the State of Michigan, U.S.A. without regard to the laws and/or jurisdiction of your legal residence. By participating on the Website, you agree that any and all claims and causes of action arising out of your participation in the Website is subject to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Michigan, Wayne County, without regard to conflict of law provisions and without resort to any form of class action.