PARADE CONSULTING INC. TERMS OF USE

 

TERMS OF USE

WELCOME TO thematic.co.  PARADE CONSULTING INC. D/B/A PARADE LABS, A NEW YORK CORPORATION (“PARADE LABS”) OFFERS THIS WEBSITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("Terms of Use").  PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.  YOUR USE OF THIS WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW.  By using our website, you agree to these Terms of Use.  We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.  You should check these Terms of Use periodically for changes.  By using this website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.  IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT hi@thematic.co. 

 

Please see the Parade Labs Guidelines at http://www.thematic.co/help/uploading and FAQs at http://www.thematic.co/help/uploading for a plain-language explanation about how www.thematic.co  works and what is acceptable as a submission.

 

IMPORTANT – READ CAREFULLY:  This is a legal agreement between you and Parade Labs.  By clicking the “I accept the Terms of Use” button when you make a submission, you agree to be and hereby are bound by the terms and conditions of these Terms of Use.  If you do not agree to these Terms of Use, you cannot make a submission.

 

General Use Restrictions:  Parade Labs or third parties granting rights to Parade Labs hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of Parade Labs or such third parties.  Parade Labs grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer, mobile device, or service where media you own is stored only for purposes associated with your interaction with this Parade Labs website.  Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use.  Upon termination, you must immediately destroy any downloaded and printed materials.  You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to "frame" or "mirror" the website, any material contained on or accessible from this website on any other server or Internet-based device without the advanced written authorization of Parade Labs.   

 

You shall not interfere or disrupt the website or its servers or networks in any way, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.  You may not inject content or code or otherwise alter or interfere with the way in which this website or a webpage is rendered or displayed in a user’s browser or device. 


Parade Labs does not routinely monitor your postings to the website but reserves the right so to do.  However, in Parade Labs’ efforts to promote good citizenship within the Internet community, if Parade Labs becomes aware of inappropriate use of the website or the services and functions offered through this website, Parade Labs will respond in any way that, in its sole discretion, Parade Labs deems appropriate.  You acknowledge that Parade Labs will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct.  When requested, Parade Labs will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

You are solely responsible for the photos, audio, video, media and profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through this website, or transmit to or share with other users (collectively the “User Content”).  You may not post User Content on the website that you did not create or that you do not have permission to post.  Users and other third parties may transmit or share User Content that You post by embedding User Content into other sites or otherwise share your post in which case your User Name or other identifying mark of the creator of the User Content should, but may not, remain visible in the thumbnail view.  You understand that you are responsible to monitor your User Content and its use when shared, including but not limited to the management of copyright infringement of your User Content and ensuring attribution to the creator of the User Content.  You understand that when you post User Content, You are solely responsible for adding any copyright statement or other restrictions of use of your post whether by use of a watermark or otherwise.  You understand that Parade Labs will not add any copyright statement to your post or any restrictions of use of your post whether by watermark or otherwise and that Parade Labs will not be responsible for any loss or damages to you if you fail to properly copyright or otherwise protect your post.  You understand and agree that Parade Labs may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Parade Labs violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. 

Although it is Parade Labs’ intention for this website to be available as much as possible, there will be occasions when the website or certain functionalities might be interrupted, including without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.  Consequently, Parade Labs encourages you to maintain your own backup of your User Content.  Parade Labs is not a backup service and you agree that you will not rely on this website for the purposes of User Content backup or storage.  Rather, you are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to Parade Labs.  You agree that under no circumstances will Parade Labs be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to Parade Labs.  You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information might not be secure. 

Parade Labs does not claim ownership of any User Content that you post on the website.  Instead, by posting User Content to any part of this website, you automatically grant, and you represent and warrant that you have the right to grant to Parade Labs an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.  When you post images to the website, you authorize and direct Parade to make such copies thereof as Parade Labs deems necessary in order to facilitate the posting and storage of the User Content on the website.  The website might be supported by advertising revenue and might display advertisements and promotions, and you hereby agree that Parade Labs may place such advertising and promotions on the website or on, about, or in conjunction with your User Content.  The manner, mode, and extent of such advertising and promotions are subject to change without us giving any notice to you.  You further acknowledge that we might not always identify paid services, sponsored User Content, or commercial communications as such. Parade Labs reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content submitted through the website. Notwithstanding the license and access that is granted to Parade Labs hereunder, other users of the site are not permitted to copy, modify, republish, reproduce or distribute any User Content submitted by you without your permission because you retain the ownership rights to your User Content.  

 

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, sexually suggestive, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may terminate your access to the website if you are determined to be a repeat infringer.  A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website more than twice.  We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.  If we terminate your access to this website or your account or otherwise deactivate your account, your User Content will no longer be accessible through your account but your User Content might continue to appear on this website. 

 

Photo / Video, Audio Content Submission:  To make a submission you must be at least 13 years old.  If you make a submission that involves the potential sale or use of alcohol, you must be at least 21 years old.  You will be required to establish a user account by creating a User ID and password or using the sign-in feature.  Your submission must be your original work and you cannot have received compensation for submitting your User Content on this website.  You acknowledge that you have the right to submit your User Content.  You can make a submission on the website at any time, multiple times.  You may withdraw or delete your submission after you post it to the website as long as you maintain an active user account.   

Third Party Interaction and Links to Third Party Websites:  In your use of this website, you may enter into correspondence with, purchase goods and/or services from, donate funds to, or participate in promotions of advertisers or members or sponsors of this website.  Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party.  You agree that Parade Labs has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Parade Labs and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to this website or its blog.

This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by Parade Labs.  Such links do not constitute an endorsement by Parade Labs of any such websites.  You acknowledge that Parade Labs is providing these links to you only as a convenience, and you agree that Parade Labs is not responsible for the content or links displayed on such websites to which you may be linked.  Your interactions with organizations and/or individuals found on or through the website, including the payment and delivery of goods or services or donations, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals. 

You agree that Parade Labs shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third party organizations or individuals.  If there is a dispute between participants on this website, or between users and any third party, you understand and agree that Parade Labs is under no obligation to become involved.  In the event that you have a dispute with one or more users, whether online or offline, you hereby release Parade Labs, its agents, employees, successors and assigns, from any and all liability associated with such dispute. 

Privacy:  Parade Labs’ Privacy Policy is available at http://www.thematic.co/privacy.  Except as otherwise may be described in our Privacy Policy, the User Content you provide is not confidential and we will not be liable for any use or disclosure of User Content.  You acknowledge and agree that your relationship with Parade Labs is a confidential, fiduciary, or other type of special relationship, and that your decision to submit User Content does not place Parade Labs in a position that is any different from the position held by members of the general public. 

Rewards:  Rewards and prizes received from this website constitute taxable income for purposes of federal and state income tax.  You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income.  By accepting any reward from this website, you agree to report and pay the taxes associated with such reward.  Any rewards and prizes will be based on availability. 

Blogs:  The opinions expressed by bloggers are theirs alone, and do not reflect the opinions of Parade Labs or any agent or employee of Parade Labs.  Parade Labs is not responsible for the accuracy of any of the information supplied by bloggers.  Parade Labs is not responsible for any offence caused inadvertently through interpretation of grammar, punctuation, or language.  Bloggers must only use the English language.

 

Registration:  You may view User Content on the website without registering, but as a condition of using certain aspects of the website, you may be required to register with Parade Labs and select a screen name ("User ID") and password.  You shall not create an account for anyone other than yourself.  You shall not create an account through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.  You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account.  You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.  Parade Labs reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the website secret and secure.  You shall never use another user’s account without the other user’s express permission.  You will immediately notify Parade Labs in writing of any unauthorized use of your account, or other known account-related security breach.

 

Intellectual Property:  By submitting a project idea and/or submission on the website, you agree to the following terms:

 

 

In accordance with the Digital Millennium Copyright Act, Parade Labs has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others.  Parade Labs also may terminate user accounts even based on a single infringement.

 

We respect other people’s rights and we expect you to do the same.  To report claims of intellectual property infringement, contact us at: hi@thematic.co

 

It is Parade Labs’ policy not to accept or consider content, information, ideas, suggestions or other materials beyond those that are specifically requested and to which certain specific terms, conditions, and requirements may apply.  This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently of you.  Accordingly, we do not accept any unsolicited materials or ideas, and we take no responsibility for any materials or ideas transmitted to us.  If, despite this policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that Parade Labs is free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services without any liability or payment of any kind to you. 

Disclaimer of Warranties:  Your use of this website is at your own risk.  This website may include inaccuracies or errors that may affect the quality of the materials, products, or services offered through the website.  The materials, products offered, or services offered have not been independently verified or authenticated in whole or in part by Parade Labs.  Parade Labs does not warrant the accuracy or timeliness of the materials, product deliveries, or User Content ultimately available to any user of the website.  Parade Labs has no liability for any errors or omissions in the materials, product offerings, or otherwise, whether provided by Parade Labs or third parties.   
THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY.  PARADE LABS, FOR ITSELF, ITS AGENTS, EMPLOYEES AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE.  ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. PARADE LABS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, ALLEGED OR ACTUAL COPYRIGHT INFRINGEMENT, YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF PARADE LABS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.           
Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, PARADE LABS DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

NEITHER PARADE LABS, ANY OF OUR AFFILIATES, AGENTS OR EMPLOYEES REPRESENT OR WARRANT THAT THE WEBSITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.  NEITHER PARADE LABS, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SERVICES, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Inaccuracies or Errors:  The User Content, descriptions, pictures and other representations of products, places, or other photographed content on this website may contain inaccuracies and errors.  Parade Labs does not make any warranty or representation with respect to the accuracy or completeness of any such information.  Furthermore, the prices and availability of the cost to enter a submission offered through this website may change without notice to you at any time in Parade Labs' or a third party’s sole discretion. 

Local Laws; Export Control:  Parade Labs controls and operates this website from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations.  Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies, or other entities located in the United States of America.  If you use this website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.      

Trademarks and Images:  The trademarks, logos, and service marks, including those products denoted with TM or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this website are registered and unregistered trademarks of Parade Labs, its affiliates, and third parties.  If a Trademark and/or Image is owned by a third party, Parade Labs or its affiliate has obtained permission from such third party to use the third party Trademark and/or Image on this website.  Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of Parade Labs, its affiliate, or the applicable third party.  Your misuse of the Trademarks and/or Images on the website and in its contents, except as provided in these Terms of Use, is strictly prohibited.  You are advised that Parade Labs will aggressively enforce its own intellectual property rights in the website and its contents to the fullest extent of the law, including by seeking criminal sanctions.

Terms of Use Revisions:  Parade Labs may revise these Terms of Use at any time without notice by updating this posting. Your continued use of the website after such modifications have been made will constitute your acceptance of such revised Terms of Use.

Applicable Law; Time to File Claim:  Any action related to these Terms of Use will be governed by the law of the State of New York, without regard to the choice or conflicts of law provisions of any jurisdiction.  You agree to submit to the jurisdiction of the courts located in the State of New York, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the website.  You agree that any claim you might have arising out of or related to your relationship with Parade Labs must be filed within one year after such claim arose; otherwise, your claim is permanently barred. 

Indemnification for Unauthorized Activities: Submissions and unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations.  You alone are responsible for your actions or the actions of any person using your user name and/or password.  As such, you shall indemnify and hold Parade Labs and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this website or the use of this website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

Entire Agreement:  These Terms of Use constitute the entire agreement between you and Parade Labs and governs your use of this website and all services offered by Parade Labs, and supersedes any prior agreements between you and Parade Labs, whether oral or in writing.  If any provision in these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties agree that such portion will be deemed severable from these Terms of Use and be interpreted in accordance with the parties’ intent, but if severed, shall not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use will remain in full force and effect.  Neither the course of conduct between the parties nor any trade practice will act to modify the Terms of Use. 

© 2014.  Parade Consulting Inc.  All rights reserved.