Parachutes' Terms of Use Agreement
By using the Parachutes.org web site ("Parachutes" or the "Site"), a service of Parachutes, Inc., you (the "user" or "you") agree to be bound by the following terms and conditions (the "Terms of Use" or the "Agreement"), including those available by hyperlink. If you have any questions, please refer to the FAQ section of the Site, or contact support@parachutes.org.
Before you may register as a user of Parachutes, you must read and accept all the terms and conditions in, and linked to, the Agreement.
Parachutes is a Venue
You agree that Parachutes is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Parachutes. You use the Parachutes service at your own risk.
User Eligibility
Parachutes is intended solely for users who are thirteen (13) years of age or older. Any registration by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use unless under the supervision of a parent or legal guardian. In this case, the adult is considered the user and is solely responsible for all account activities. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
You are solely responsible for your conduct and activities on and regarding to Parachutes and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Parachutes.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Parachutes of any unauthorized use of your password or any breach of security. You also agree that Parachutes cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Parachutes account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- You agree to comply with all local laws regarding online conduct and acceptable content.
- Usernames cannot be changed except in the event of documented legal action (such as trademark infringement) at Parachutes’ discretion. Choose your username carefully.
- Keep your account information updated and accurate. Your account must have a valid email address at all times. Parachutes will use the email address on file in your account information to contact you when necessary.
- Breaking any of Parachutes policies may result in suspension of account privileges and/or account termination. This includes all of your accounts by virtue of association. In other words, Parachutes reserves the right to suspend the use of the site for a person and all username(s) he/she operates under.
- Right to Refuse Service: Parachutes’ services are not available to temporarily or indefinitely suspended Parachutes members. Parachutes reserves the right, in Parachutes’ sole discretion, to cancel unconfirmed or inactive accounts. Parachutes reserves the right to refuse service to anyone, for any reason, at any time.
In addition, you must abide by Parachutes’ policies as stated in the Agreement and these Parachutes policy documents:
- Privacy Policy
- Copyright and Intellectual Property Policy
Restricted Activities: Your Content and your use of Parachutes shall not:
- Be false, inaccurate or misleading
- Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, Parachutes’ Copyright and Intellectual Property Policy)
- Violate this Agreement or any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Parachutes staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- A Parachutes account cannot be used for the sole purpose of redirecting traffic to another web location, even if it is another Parachutes account. Please contact support@parachutes.org to have your account closed if you are no longer using it.
- You may not transfer ownership or sell your Parachutes account to another party.
- You may not use profane or racist language or images in your username, avatar and/or public profile.
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Modify, adapt or hack Parachutes or modify another website so as to falsely imply that it is associated with Parachutes
- Appear to create liability for Parachutes or cause Parachutes to lose (in whole or in part) the services of Parachutes’ ISPs or other suppliers
- Link directly or indirectly, reference or contain items that are prohibited under this Agreement, the Privacy Policy or other policy documents as posted on Parachutes.
Content
License: Parachutes does not assert any ownership over your User Content; rather, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You grant Parachutes a license solely to enable Parachutes to use any information or Content you supply Parachutes with, so that Parachutes is not violating any rights you might have in that Content.)
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company the right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, 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 the Site 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.
You are solely responsible for the photos, profiles, blogs, messages, comments, text, information, music, video, listings, and other content that you post on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that Parachutes may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. 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 Site or provide to the Company.
Re-Posting Content: By posting Content on Parachutes, it is possible for an outside website or a third party to re-post that Content. You agree to hold Parachutes harmless for any dispute concerning this use. If you choose to display your own Parachutes-hosted image on another website, the image must provide a link back to its listing page on Parachutes.
You agree to allow Parachutes to store or re-format your Content on Parachutes and display your Content on Parachutes in any way as Parachutes chooses. Parachutes will only use personal information in accordance with Parachutes’ Privacy Policy. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain but not display, distribute, or perform, archived copies of User Content that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
Information Control
Parachutes does not control the Content provided by users that is made available on Parachutes. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using Parachutes, you agree to accept such risks and that Parachutes (and Parachutes’ officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Parachutes. Please use caution and common sense when using Parachutes.
Other Resources: Parachutes is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Parachutes does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Parachutes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Interactions with other Users
Users may arrange and attend virtual or in-person meetings, gatherings, classes, and/or seminars with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Parachutes’ policies and acknowledge and agree to comply with the laws of the applicable city, county and country. The group’s contact person may set additional eligibility requirements for a particular group. Parachutes is not involved with user generated groups or the groups’ requirements.
Parachutes does not supervise or control user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Parachutes does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Resolution of Disputes and Release
Parachutes encourages all members to resolve their own disputes. As a venue, Parachutes cannot mediate disputes between members or other parties.
Should Parachutes assist in dispute resolution between users, this is at the sole discretion of Parachutes, and Parachutes has no obligation to resolve disputes between users or between users and outside parties. To the extent that Parachutes attempts to resolve a dispute, Parachutes will do so in good faith based solely on Parachutes’ policies. Parachutes will not make judgments regarding legal issues or claims.
Should you have a dispute with one or more users, or an outside party, you release Parachutes (and Parachutes’ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In the event a dispute arises between you and Parachutes, please contact support@parachutes.org.
Parachutes’ Intellectual Property
PARACHUTES, and other Parachutes graphics, logos, designs, page headers, button icons, scripts, and service names are pending registered trademarks of Parachutes, Inc. in the U.S. and other countries. Parachutes’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
Parachutes may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Parachutes is updated on a real-time basis and is proprietary or is licensed to Parachutes by Parachutes’ users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Parachutes for any purpose without Parachutes’ prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Parachutes’ sole discretion, an unreasonable or disproportionately large load on Parachutes’ infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Parachutes and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Parachutes’ robot exclusion headers or other measures Parachutes may use to prevent or restrict access to Parachutes
Breach
Without limiting any other remedies, Parachutes may, without notice, delay or immediately remove Content, warn Parachutes’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- Parachutes suspects (by information, investigation, conviction, settlement, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein
- Parachutes is unable to verify or authenticate any of your personal information or Content
- Parachutes believes that a user is acting inconsistently with the letter or spirit of Parachutes’ policies, has engaged in improper or fraudulent activity in connection with Parachutes or the actions may cause legal liability or financial loss to Parachutes or other users.
Privacy
Except as provided in Parachutes’ Privacy Policy, Parachutes will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Parachutes stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
No Warranty
PARACHUTES, PARACHUTES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND PARACHUTES’ SUPPLIERS PROVIDE PARACHUTES’ WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PARACHUTES, PARACHUTES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND PARACHUTES’ SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PARACHUTES SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit
IN NO EVENT SHALL PARACHUTES, AND (AS APPLICABLE) PARACHUTES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR PARACHUTES’ SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PARACHUTES’ SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD PARACHUTES AND (AS APPLICABLE) PARACHUTES’ PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
No Guaranty
Parachutes does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Parachutes’ control.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Parachutes’ service and your listing, purchase, solicitation of offers to purchase and sell goods and services, posting of content.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
Parachutes’ Service
Parachutes reserves the right to modify or terminate the Parachutes service for any reason, without notice, at any time. Parachutes reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Parachutes will notify you via email to the email address in your account. What constitutes a "material change" will be determined at Parachutes’ sole discretion, in good faith, and using common sense and reasonable judgment.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Parachutes Attn: Legal Department; 499 Van Brunt St Ste 7D, Brooklyn, NY 11231 (in the case of Parachutes) or, in your case, to the email address you provide to Parachutes (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
For issues with intellectual property, please provide the notice as specified in Parachutes’ Copyright and Intellectual Property Policy.
Disclosures
The services hereunder are offered by Parachutes Inc, located at 499 Van Brunt St Ste 7D, Brooklyn, NY 11231.