Terms of Use

In short

Before the careful version, the plain one

1 · Acceptance of these terms

Using the site is how you accept them

These Terms of Use govern your access to and use of dmhalloween.com and any page, form, application or email the Foundation operates under it (together, the Site). By accessing or using the Site you accept these Terms of Use and the Privacy Policy, which is incorporated into them.

They apply to everyone who uses the Site, whether you submit anything or simply read.

The Foundation may revise these Terms of Use at any time. Revisions take effect when they are posted, and the date at the top of this page is the date of the current version. Continuing to use the Site after a revision is posted is your acceptance of it. If you do not accept these terms, stop using the Site.

Two separate documents govern participation rather than use: the Terms & Conditions, which govern the D&M Emerging Artist Awards and the Emerging Artist Scout Program, and the Privacy Policy. Where a question is about an application, a referral or an award, the Terms & Conditions govern. Where it is about the Site itself, this page does.

2 · Who may use this site

Adults, and mostly from the United States

The Site is offered to people aged 18 or older who are located in the United States, its territories and its possessions. By using it you represent that you are of legal age to form a binding contract and that you meet all of the requirements set out here.

The open call is limited to artists based in the United States, and the Site is built for that audience. If you access it from outside the United States you do so on your own initiative, and you are responsible for complying with the laws that apply where you are.

Your use of the Site is subject to all applicable federal, state, local and international laws and regulations. If you do not or cannot comply with them, do not use the Site.

3 · Accessing the site

We may change it, and we may switch it off

The Foundation may withdraw or amend the Site, and any material or service on it, without notice. It is not liable if all or any part of the Site is unavailable at any time or for any period, and it may restrict access to parts of the Site, or to the whole of it.

You are responsible for arranging your own access to the Site, and for making sure that anyone who reaches it through your connection knows these Terms of Use and complies with them.

Where the Site asks you for information, you must give information that is accurate, current and complete. What happens to it is governed by the Privacy Policy.

Where a technical failure of the Site materially prevents applications being submitted close to a published deadline, the Foundation will say so and will extend the deadline if that is the fair thing to do. That is a commitment in the Terms & Conditions, not a warranty of availability here.

4 · Intellectual property rights

What is on this site, and who owns it

The Site and all of its contents (text, design, images, graphics, photographs, video, audio, icons, software, code, databases, trademarks, logos, names and the selection and arrangement of all of it) are owned by the Foundation, its licensors or its other providers, and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property laws.

What you may do

• Display the Site in your browser, including the temporary copies your device makes in memory and in its cache in order to do so.
• Print or download one copy of a reasonable number of pages for your own personal, non-commercial reference.
• Download or store material the Site expressly offers for download, on whatever terms accompany it.
• Use any social sharing features the Site provides, as they are provided.
• Refer to the program by name. Press coverage and applicants describing their own participation are welcome and need no permission.

What you may not do

• Modify copies of anything taken from the Site.
• Use any illustration, photograph, video, audio or graphic separately from the text that accompanies it.
• Delete or alter any copyright, trademark or other proprietary notice.
• Present material from the Site as your own.
• Give a third party access to any part of the Site in breach of these terms.
• Use any part of the Site for a commercial purpose without the Foundation's written agreement.

If you breach this section, your right to use the Site ends immediately, and you must at the Foundation's option return or destroy any copies you have made. No right, title or interest in the Site or its contents passes to you, and every right not expressly granted here is reserved.

This section is about the Foundation's material. What happens to material you submit, such as a work sample, a portfolio or a referral note, is governed by Your work in the Terms & Conditions. You keep every right you had in it.

5 · Our name and marks

The D&M marks are not yours to use

Through the Looking Glass, the D&M Halloween Party, the D&M Emerging Artist Awards, the Emerging Artist Scout Program, the D&M monogram, the Foundation's name, and all related names, logos, seals, product and service names, designs and slogans (together, the Brand Assets) are marks of the Foundation or of its affiliates or licensors.

You may not use any Brand Asset without the Foundation's prior written permission, and any permitted use must comply with the Foundation's brand guidelines as they stand at the time. All other names, logos and marks appearing on the Site are the marks of their respective owners.

6 · Third-party information and links

What other people say, and where the links go

The Site may carry material provided by third parties, and it links out to services the Foundation does not control: Instagram, TikTok, YouTube, and video hosted wherever an applicant chose to host it.

Statements and opinions expressed in third-party material are those of the people who made them and do not necessarily reflect the Foundation's view. The Foundation is not responsible for, and does not warrant, the accuracy of any third-party material.

Links are provided for convenience only. The Foundation does not endorse the sites it links to, makes no representation about anything offered on them, and accepts no responsibility for their content or for any loss you suffer through using them. Those services have their own terms and privacy policies, and those apply when you are there.

Nothing about your access to or use of the Site grants you any right in any third party's marks, content or intellectual property.

7 · Prohibited uses

What you may not do here

You may use the Site only for lawful purposes and in accordance with these terms. You agree not to:

• Use the Site in any way that breaches any applicable federal, state, local or international law or regulation, including export control laws.
• Exploit or harm anyone, or attempt to, in any way.
• Send, receive, upload or reuse any material that does not comply with these terms.
• Transmit any advertising or promotional material, including junk mail, chain letters or any comparable solicitation, without the Foundation's prior written consent.
• Impersonate the Foundation, a member of its team, another user or any other person, including by using an email address or a name that is not yours.
• Submit an application or a referral in someone else's name without their knowledge.
• Use the forms to send mail to a third party who has not been genuinely referred, or to test which addresses are already registered.
• Restrict or inhibit anyone else's use of the Site, or behave in a way that could harm the Foundation or expose it or any user to liability.
• Disable, overburden, damage or impair the Site, or interfere with anyone else's use of it.
• Use any robot, spider, scraper or other automated process to access the Site for any purpose, or to monitor or copy anything on it, without the Foundation's written consent.
• Introduce any virus, trojan, worm, logic bomb or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the server it runs on, or any database or computer connected to it.
• Attack the Site by means of a denial-of-service or distributed denial-of-service attack.
• Otherwise interfere with the proper working of the Site.

8 · Tampering and security

Do not take the site apart

You may not modify, move, add to, delete from or otherwise tamper with anything on the Site.

• You may not decompile, reverse engineer or disassemble any software on the Site, or otherwise attempt to derive its source.
• You may not probe, scan or test the vulnerability of the Site or of any system connected to it, or breach or attempt to circumvent its security, its bot protection, its rate limits or its upload controls.
• You may not extract or scrape data from the Site by any automated means without the Foundation's written authorization.
• Parts of the Site are reachable only through a one-time, short-lived permission issued for a single purpose. Attempting to use one for anything else, or to reach any part of the system you have not been given access to, is unauthorized access and may be a criminal offense.

If you believe you have found a security problem, please tell us at [email protected] rather than demonstrating it. Reports made in good faith are welcome and will not be treated as a breach of this section.

9 · What you upload

Your files, and what happens if someone objects to one

The Site accepts files (video, images and documents) submitted through the application form, and links submitted through both forms. What the Foundation may do with a submission is set out in the Terms & Conditions. This section is about hosting it.

Nothing in this section limits the Foundation's right to disqualify an application under the Terms & Conditions where a rights confirmation turns out not to have been true.

10 · Reliance on information posted

Read it, but check it

The information on this Site is provided for general information only. The Foundation does not warrant its accuracy, its completeness or its usefulness, and any reliance you place on it is strictly at your own risk.

The Foundation disclaims all liability arising from reliance placed on material on the Site by you, by any other visitor, or by anyone who may be informed of any of its contents.

Program dates, award amounts and eligibility requirements are published in good faith and kept current, and where they change materially the Foundation will publish the change and write to anyone already affected. That commitment is in the Terms & Conditions. This section does not cut it down; it means the Site is not a substitute for reading those terms.

11 · Changes to the site

It is updated when it is updated

The Foundation may update the content of this Site from time to time, but its content is not necessarily complete or current at any given moment, and the Foundation is under no obligation to update it.

12 · Information about you and your visit

Governed by the Privacy Policy

All information the Foundation collects on this Site is subject to the Privacy Policy. By using the Site you consent to everything the Foundation does with that information in accordance with that policy, and you confirm that everything you provide is accurate.

The Site sets no cookies, runs no analytics and carries no advertising or tracking of any kind. The Privacy Policy explains the three things that do involve your browser and why.

13 · Monitoring, enforcement and termination

What the Foundation may do about misuse

The Foundation may:

• Take any legal action it considers appropriate, including referral to law enforcement, in response to any unlawful or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any reason or for no reason, including any breach of these terms, without notice and without liability.
• Cooperate fully with any law enforcement authority or court order requiring it to disclose the identity or other information of anyone using the Site.

YOU WAIVE AND HOLD HARMLESS THE FOUNDATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIM ARISING OUT OF ANY ACTION TAKEN BY ANY OF THEM DURING OR AS A RESULT OF AN INVESTIGATION, AND FROM ANY ACTION TAKEN AS A CONSEQUENCE OF AN INVESTIGATION BY THE FOUNDATION OR BY A LAW ENFORCEMENT AUTHORITY.

The Foundation has no obligation to review material submitted to the Site, and no responsibility or liability for performing or for not performing any investigation.

14 · Disclaimer of warranties

The site is provided as it is

The Foundation cannot and does not guarantee that files available for download from the Site or through it will be free of viruses or other destructive code. You are responsible for putting in place the anti-virus protection and the accuracy and backup procedures your own circumstances require, and for any means you may need to reconstruct lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE FOUNDATION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, ANY SERVICE OR ITEM OBTAINED THROUGH THE SITE, OR ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICE OR ITEM OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICE OR ITEM OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THAT, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICE OR ITEM OBTAINED THROUGH IT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICE OR ITEM OBTAINED THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

The above does not affect any warranty that cannot be excluded or limited under applicable law.

15 · Limitation on liability

The part that has to be said carefully

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FOUNDATION, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, OR THE OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, CONTRACTORS, PROGRAM TEAM OR ADVISORY & SELECTION COMMITTEE MEMBERS OF ANY OF THEM BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SITE OR ON ANY SUCH LINKED WEBSITE, OR ANY SERVICE OR ITEM OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL AND LOSS OR CORRUPTION OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, AND EVEN IF FORESEEABLE.

The above does not affect any liability that cannot be excluded or limited under applicable law, and does not apply to a stipend, grant or referral fee the Foundation has confirmed as payable to you. That is governed by the Terms & Conditions and the agreement made for it.

16 · Indemnification

If something you did lands us in court

You agree to defend, indemnify and hold harmless the Foundation, its affiliates, its licensors and its service providers, and the officers, directors, trustees, employees, contractors, agents, program team, Advisory & Selection Committee members, successors and assigns of each of them, from and against any claim, liability, damage, judgment, award, loss, cost, expense or fee, including reasonable attorneys' fees, arising out of or relating to:

• Your breach of these Terms of Use.
• Your use of the Site, including any use of its content, services or forms other than as expressly authorized here.
• Any material you submitted, and in particular any claim that it infringes or misappropriates the rights of a third party.
• Your use of any information obtained from the Site.

In practice: if you send us work you did not have the right to send, and its owner comes after the Foundation for it, this is the clause that puts that back where it belongs.

17 · Limitation on time to file claims

One year

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, IT IS PERMANENTLY BARRED.

18 · Governing law and jurisdiction

Texas

All matters relating to the Site and to these Terms of Use, and any dispute or claim arising out of or relating to either of them, whether in contract or not, are governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of or relating to these Terms of Use or the Site will be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Collin County, Texas. You waive any objection to the exercise of jurisdiction over you by those courts and to venue in them. The Foundation retains the right to bring proceedings against you in the courts of the country in which you reside or in any other relevant country.

Before anyone goes to court, please write to [email protected]. Many disputes can be resolved without recourse to the courts, and the Foundation will always try to do so first.

19 · Waiver and severability

One indulgence is not a rule

No waiver by the Foundation of any term or condition set out here is a waiver of that term or condition on any other occasion, or of any other term or condition, and the Foundation's failure to assert a right or a provision does not waive it.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision is eliminated or limited to the minimum extent necessary, and the remaining provisions continue in full force and effect.

20 · Events outside our control

Force majeure

The Foundation is not liable for any failure or delay in performing any obligation under these Terms of Use where the failure or delay results from a cause beyond its reasonable control, including an act of God, fire, flood, severe weather, epidemic or pandemic, public health measure, war, civil unrest, terrorism, labor dispute, failure of a utility, telecommunications network, hosting provider or other supplier, cyberattack, or any act or order of a government or public authority.

Where such an event affects the open call or the event itself, what happens to the program is governed by the Terms & Conditions.

21 · Electronic communications

Email counts as writing

By using the Site you consent to receiving communications from the Foundation electronically, and you agree that any notice, agreement, disclosure or other communication sent to you electronically satisfies any legal requirement that it be in writing.

Where you click a confirmation box, submit a form or click a confirmation link, that action is your electronic signature and has the same effect as a signature on paper.

Emails that are part of an application or a referral you made, such as a receipt, a confirmation link or an outcome, are not marketing and are not something you can unsubscribe from without withdrawing what you submitted. Every optional email carries an unsubscribe link.

22 · Assignment

Ours to transfer, not yours

The Foundation may assign or transfer these Terms of Use, in whole or in part, without restriction and without notice, including to a successor or an affiliate. You may not assign or transfer them, or any right or obligation under them, without the Foundation's prior written consent, and any attempt to do so is void.

23 · Entire agreement

This page, and the two beside it

These Terms of Use and the Privacy Policy are the sole and entire agreement between you and the Foundation regarding the Site, and they supersede all prior and contemporaneous understandings, agreements, representations and warranties about it, whether written or oral.

Where you have applied to the open call or made a referral, the Terms & Conditions also apply to that participation, and where a question concerns an application, a referral or an award, those terms govern.

24 · Notices and contact

Where to write

This Site is operated by The Daniel and Marcella Nutkis Charitable Foundation. Notices to the Foundation, including notices of claimed copyright infringement, should be sent to the postal address below. Notices to you may be sent to the email address you provided, and are treated as received on the day they are sent.

These Terms of Use cover dmhalloween.com. They do not cover Instagram, TikTok, YouTube or any other site you reach from a link here. Those are governed by their own terms.