1. Acceptance Of Terms
Welcome and thank you for joining Parley. These terms of service (“Terms”) cover your use of and access to our website available at parley.tv, a mobile application, and related websites and applications (together, the “Site”) provided by Parley via the website or mobile application. By clicking “I accept”, you accept these Terms. We require your acceptance of the Terms before you may use our Services. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR SERVICES. PLEASE READ THESE TERMS CAREFULLY. The Services available at parley.tv, all web pages and the mobile application are owned and operated by Parley, LLC, (“Parley”), having an office at 187 Lafayette St, 5th Floor, New York, NY 10013.
2. Description Of Services
Parley is a network of the creative industries, brands and environmental organizations to raise awareness for the beauty and fragility of the oceans and to collaborate on projects that can end their destruction. Our Site allows you to make a pledge to support Parley, A.I.R., support our cause, and learn about our work and collaborations to save the oceans.
Our Site allows you to post, view and share content, and to interact with other members. You may use the Site only for the purposes expressly permitted by this Agreement, and warrant and guarantee that you will not use the Site for any unlawful, immoral or otherwise prohibited purpose.
3. Registration & Account
To post content and interact with other uses, you are required to open an account with Parley and select a password. Your email will be your username (the “Account”). You have to provide registration information, which must be accurate, complete, and current at all times. You are responsible for keeping the registration information up to date. If you do not, we may terminate or suspend your Account, as we see fit. You are responsible for maintaining the confidentiality of your password. You are solely responsible for all activities resulting from the use of your username and password, which are conducted through your Account.
Our Site is available only to individuals who are either (i) at least eighteen (18) years old, or (ii) at least thirteen (13) years old, and who are authorized to access the Site by a parent or legal guardian. If you are at least fourteen (14) years old and would like to use our Site, you have to obtain authorization from your parent or legal guardian before opening an Account to use the Site. Your parent or legal guardian is responsible for your conduct on the Site, and the consequences of any misuse of the Site. We reserve the right to ask for written consent from a parent or legal guardian and to suspend your Account if you cannot provide written consent. You are not permitted to open an Account where doing so would be illegal or in violation of local rules or laws.
4. User Conduct.
a. Personal / Non-Commercial Use.
The Site is for your personal and non-commercial use. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Site, in whole or in part.
b. Other Users.
We do not control user submitted content and do not and cannot guarantee the accuracy, integrity or quality of such content. You understand that by using the Site you may be exposed to content that is offensive, indecent or objectionable. You are solely responsible for your interactions with other users of the Site. Parley reserves the right, but has no obligation, to monitor disputes between you and other users. As a condition of your use of the Site, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms. For example, you must not, and must not attempt to do the following:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Site, or shared areas of the Site you have not been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Site;
- access or search the Site by any means other than our publicly supported interfaces. This includes “scraping,” which we do not allow;
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- promote or advertise products or services other than your own without appropriate authorization;
- abuse promotions to get more storage space than deserved;
- abuse the Site in a manner that circumvents their storage space limits;
- sell the Site or Site accounts via unauthorized channels;
- use automated or other means to create accounts in bulk or to access the Site other than by using our official interface and/or APIs;
- publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- violate the law in any way including storing, publishing or sharing material that is fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.
You may terminate your Account at any time at your sole discretion towards the end of the month. We may terminate your Account at any time for any reason or no reason. Any content you have chosen to upload to Parley may stay on Parley, in our sole discretion, though we will undertake our best efforts to remove any mention of you from our Website if you choose to terminate your account.
6. Copyright Complaints
We take claims of copyright infringement seriously. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works, for example, through the domain where the allegedly infringed work(s) can be found.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, for example by identifying the domain where the allegedly infringing work(s) can be found.
- Adequate information by which we can contact you including your name, postal address, telephone number and, if available, e-mail address.
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated “Copyright Agent” to receive DMCA Notices is:Copyright Agent
187 Lafayette St
New York, NY 10013
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages including costs and attorneys’ fees under Section 512(f) of the DMCA.
7. Counter-Notification Procedure
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you, including your name, postal address, telephone number and, if available, e-mail address.
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
Completed Counter-Notices should be sent to:Copyright Agent
187 Lafayette St
New York, NY 10013
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Services were removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. We disable and terminate the Accounts of users who are repeat infringers.
8. Linking to the Site and Social Media Features
If you wish to work with us, please contact us directly. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Services.
- Send e-mails or other communications with certain content, or links to certain content, on the Site.
- Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and in accordance with these Terms. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of our Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
9. Links from the Site
If the Site contain links to other sites and resources provided by third parties, we provide these links for your convenience only, including links contained in advertisements, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. Proprietary Information.
All content found on the Site (the “Content”) is considered the copyrighted and trademarked intellectual property of Parley, or of the party that created and/or licensed the Content to Parley. No rights or title to any of the Content contained on any Site shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Parley in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
11. Your Submissions.
You hereby grant Parley a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Parley through this Site (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Parley will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Parley operations or businesses.
12. Release And Indemnity
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. We reserve the right to suspend or discontinue the availability of the Site and/or remove any of your Data at any time at our sole discretion and without prior notice.
You hereby expressly and irrevocably release and forever discharge Parley, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site.
You hereby agree to indemnify and hold harmless Parley, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) content posted on the Site, (iii) the use of the Site, by you or any person using your account, or (iv) any violation of any rights of a third party.
13. Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES 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 OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PARLEY NOR ANY PERSON ASSOCIATED WITH PARLEY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PARLEY NOR ANYONE ASSOCIATED WITH PARLEY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PARLEY 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 PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
IN NO EVENT WILL PARLEY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT PERMITTED BY LAW, PARLEY’S LIABILITY IS LIMITED AND SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
We may revise these Terms from time to time, and will always post the most current version. Your continued use of the Site after a change of the Terms will require your renewed acceptance of the Terms.
16. Controlling Law
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Entire Agreement
These Terms constitute the entire agreement between you and Parley with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms do not create any third party beneficiary rights.
18. Waiver, Severability & Assignment
Parley’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Parley may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
19. Limitation on Time to File Claims