TERMS AND CONDITIONS
Last updated on May 21, 2020.
Please take a few minutes to read these important terms and conditions (“Terms“).
These Terms govern your use of the online services provided by LockDownU, Inc. and its affiliates (“Company,” “our,” “us,” or “we“), including, the website www.parentipity.com and any other websites, mobile applications (collectively, our “Sites”), Parentipity Content (as defined in Section 2), and other services offered by or through us or our Sites (collectively, the “Services“). These Terms are a binding agreement between you and us, and by accessing any Services in any way, you agree to be bound by all of them, including, but not limited to, resolving disputes via binding arbitration, conducting this transaction electronically, disclaiming warranties, damage and remedy exclusions and limitations, and a choice of California law.
From time to time we may update the Services and these Terms, and such changes shall be applied prospectively. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. We will endeavor to notify you of any material updates to the Terms. We may, in our sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services (including any content you may have posted) is terminated.
We may provide free access and use of our Sites to all individual members and organizations for free and without registration.
If the Services require you to create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us. We reserve the right to suspend or terminate your account for any reason. You agree to inform us of any unauthorized access or use of your account or password. You agree to enable us to update your email address upon your request for a change of email. You agree to allow us to change your password upon your request for a change of password.
III. Information We Display
We own or license all content contained within the Services, including without limitation, text, images, icons, data, software, trademarks and trade dress, and User Content (as defined in Section 3) (collectively, “Parentipity Content”), and you may access and use it solely for your own personal, non-commercial information purposes. Parentipity Content may be protected by domestic and international copyright, patent, trademark, and other rights, and all rights, titles, and interests are reserved by the respective owners. Copying, publishing, broadcasting, modifying, distributing or transmitting any Parentipity Content in any way without our prior written consent is strictly prohibited.
While we work hard to provide a superior customer experience, we cannot guarantee that all Parentipity Content we display is correct, complete, or current, including product pricing, images, information, and availability.
IV. Your Actions
To ensure a positive experience for all users, you agree to conduct yourself professionally and constructively concerning all aspects of the Sites, including any groups and forums created or hosted by another member or organization. You further agree that you will not: (i) use or exploit the Services for any purpose that is illegal, tortuous, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, pornographic, intrusive on another’s privacy, harmful to the interests of us or our users, or inappropriate with respect to race, gender, sexuality, ethnicity, or another intrinsic characteristic; (ii) upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right (including our trademarks and trade dress) without first obtaining the permission of the owner of such rights; (iii) collect or store personal data about other users; (iv) reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Services (including any software we make available) for any purpose unless expressly approved by us in writing; (v) upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication, or otherwise solicit other users who are not already a personal contact/friend, or member of any group for which you are the administrator ; (vi) undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Services, nor will you use or exploit the Services in any way other than as expressly permitted by these Terms; (vii) remove, alter, obscure, or otherwise render unintelligible any proprietary notices; (viii) deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms; (ix) use our Sites in a manner that could interfere or damage the operation of the Sites, including, attempting to or override any security component contained within the Sites; or (x) use our Sites or Services in any unlawful manner (Sections (i) through (x) collectively, “Prohibited Use”). To protect the interests of us and our users, we may monitor, modify, terminate, and disclose to third parties (including law enforcement) your use of the Services (including User Content) at any time.
You may be able to create or submit designs, images, video, product reviews, blogs, written posts, and other content (“User Content”). You agree that: (i) you will not display or furnish any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (ii) you will not impersonate any person or organization (including us), or misrepresent an affiliation with another person or organization; and (iii) you will not post or upload any User Content that constitutes a Prohibited Use. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
By displaying, publishing, or otherwise posting any User Content on or through the Services (electronically or otherwise), you hereby grant us a perpetual, non-exclusive, sub-licensable (through multiple tiers), worldwide, fully-paid, royalty free license to use such User Content (including without limitation, to modify, publicly perform, publicly display, reproduce, create derivative works of, and distribute such User Content for any purpose, whether it contains a personal likeness or otherwise) in any and all media now known or hereinafter developed, without the requirement to make payment to any party or seek any third party permission or make any authorship attribution. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein, though for purposes of this Section, you waive all “moral rights” in the same. You represent and warrant that (i) you own the User Content submitted, displayed, published, provided, or posted by you on the Sites, or otherwise have the right to grant the license set forth herein, and (ii) your displaying, publishing, providing, or posting of any User Content you submit, and our use thereof in accordance with these Terms, does not and will not violate applicable law or any privacy, publicity, copyright, trademark, patent, contract or any other rights of any person or entity. Notwithstanding the foregoing, you further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Services or features therein. We assume no liability for any information removed from our Sites and reserve the right to permanently restrict access to the Services or a user account.
The extent permitted by applicable law, we have the right to review any user’s activity to ensure compliance with these Terms.
If you elect to join a group or forum that has been created by another member or organization, (a) we reserve the right to remove you from such group or forum if requested to do so by a moderator of such group or forum, (b) moderators shall have the right to limit who is allowed to join their group(s) and may remove or request us to remove anyone who is not an appropriate member of the group, and (c) you must post comments and information that are relevant to the groups and forums you join.
V. Purchase-Specific Terms
If you make any purchases, including, but not limited to, the purchase of any membership to our Services, you represent that you and we (including our service providers) are authorized to use the information you provide (including payment method information) to carry out the transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Prices, promotions, offers, and product availability are all subject to change without notice.
VI. Third-Party Services and Offers
In connection with your use of the Services, you may take advantage of third party offers, services, or products offered through our Sites, if said offers may be provided. Third-party offers may include offers by outside parties and offers by other members of our community who upload sponsorship and advertising on potential groups and forums. We are not responsible for the performance of any third-party on our Sites or any other user of the Services. The inclusion of third-party offers does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by us. If you decide to leave our Sites and access the site of such third parties, you do so at your own risk, and you should be aware that the terms and conditions of this User Agreement no longer apply.
VIII. Disclaimers; Limitation of Liability; Indemnification
WE PROVIDE THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL PARENTIPITY CONTENT, USER CONTENT, AND OTHER CONTENT WHATSOEVER) AS A SERVICE TO YOU. THESE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, SECURITY, AVAILABILITY, ACCURACY, QUALITY, APPROPRIATENESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SERVICES ARE ERROR OR DEFECT-FREE.
THESE SERVICES ARE MADE AVAILABLE TO USERS. NO PART OF THE SERVICES SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES (INCLUDING PARENTIPITY CONTENT), YOU AGREE THAT WE ARE NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NON-ACTIONS IN RELIANCE THEREUPON. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ANY PRODUCTS YOU PURCHASE FROM OR THROUGH US ARE PURCHASED “AS IS, WHERE IS,” AND “WITH ALL FAULTS.”
YOU ALSO AGREE THAT OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASE FROM OR THROUGH US, IN THE APPLICABLE TRANSACTION, IF ANY, INCLUDING, ANY MEMBERHSHIP OR OTHER FEES YOU PAY FOR OUR SERVICES. WE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”), NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITES, RECORDS, PROGRAMS, SERVICES, OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR OUR SERVICES (INCLUDING PARENTIPITY CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES, AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR RELATING TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS.
IX. Dispute Resolution
If a dispute ever arises between us, please contact us via email or mail at the address set forth in Article XIII. If we cannot resolve the matter informally, you and we each agree that any and all disputes or claims that have arisen or may arise between you and us shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify (“Agreement to Arbitrate”). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, which shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, as modified by these Terms. A form for initiating arbitration proceedings is available on the AAA’s website. The arbitration shall be held in Orange County, California. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded shall not affect our other users.
You can choose to reject the Agreement to Arbitrate by mailing us a signed opt-out notice (“Opt-Out Notice”) within 30 days after the date you first access the Services or accept any subsequently published version of these Terms. The Opt-Out Notice must include a statement that you do not agree to this Agreement to Arbitrate, your name, address, phone number, and any email address(es) used to log in to any applicable account(s) to which the opt-out applies. You must mail the Opt-Out Notice to LockDownU, Inc., Attn: Litigation and Regulatory Law Department, 1968 S. Coast Hwy, #3343, Laguna Beach, CA 92651. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms, including all other provisions of this Section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
To the extent permitted by applicable law, any claims arising in connection with the use of these Services or these Terms must be filed within one (1) year of the date of the event giving rise to such action.
X. Digital Millennium Copyright Act
If you believe any Parentipity Content infringes on your copyright, go to DMCA for instructions on how to notify us.
XI. Core Engine and Hosting
We may have relationships with subcontractors and service providers who assist us in providing the Services, which may include the core engine, hosting servers, system maintenance, and enhancement. These contractors may act on our behalf. We may not own the core platform that powers our websites. The core platform may be owned and operated by an authorized subcontractor. If a problem may arises with the core platform or our subcontractor ceases business operations, we shall have no liability in connection with service interruptions or discontinuance of service.
XII. Additional Terms
These Terms, including all other terms and policies referenced herein, constitute the entire agreement between you and us with respect to the Service, and shall be construed in accordance with the laws of the State of California, without respect to its conflict of laws rules. In the event of any inconsistencies between these Terms and the policies referenced therein, these Terms shall control. Our failure to exercise or enforce any terms herein shall not constitute a waiver, and if we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If you breach any provision of these Terms, you may no longer use the Services. If these Terms or your permission to use the Services is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Services and anything relating to or arising from such use. If you are dissatisfied with the Services or with these Terms, your sole and exclusive remedy is to discontinue using the Services. These Terms, including any or all rights and obligations hereunder, may be freely assigned or transferred by us, but not by you. Section headings are included for convenience only, and shall not affect the interpretation of any Terms. You agree that any electronic notices we send you shall satisfy any requirement that such notices be made in writing. If any part of this these Terms is ruled to be unlawful, void, or for any reason unenforceable, then such part shall be deemed severable from these Terms, and shall be eliminated or limited to the minimum extent necessary. The remainder of these Terms, including any revised portion, shall remain and be in full force and effect.
By registering for our Services, you consent to us contacting you via email to provide information regarding your membership and the Services. You agree to receive email notifications that are specific to your account and necessary for the normal functioning of our Services.
You may contact us by email at firstname.lastname@example.org, or via regular mail at 1968 S. Coast Hwy, #3343, Laguna Beach, CA 92651.
Copyright 2020, “LockDownU, Inc.” and “Parentipity”. All rights reserved.
CREATOR BOUNTY PROGRAM TERMS AND CONDITIONS
Last updated on November 11, 2020.
Please take a few minutes to read these important terms and conditions (“Terms“).
Thanks for agreeing to participate in the Parentipity TIPity Creator Bounty Program (the “Program”) of LockDownU, Inc. and its affiliates (“Company,” “Our,” “Us,” or “We“). Subject to these Terms, if you are admitted to the Program, you can receive bounties for posting original content (“TIPities”) to the Site.
These Terms, together with the other terms and conditions applicable to our website Parentipity (the “Site”), which can be found www.parentipity.com shall govern your participation in the Program.
II. Admission Requirements
Admission to the Program is at Our sole discretion, however, to be considered for admission, You must have met the following requirements:
III. Program Payouts
If your TIPities are accepted into the Creator Bounty Program after editorial review a $10 bounty will be awarded to You for each TIPity You publish to the Site. The bounty will be doubled to $20 for any TIPity that meets the following criteria:
All statistics such as pageviews will be subject to validation by Our staff.
Payout Terms: Approved payouts will be credited to the “ewallet” in the user’s accounts within the Parentipity.com site. Payouts will be credited within 30 days of meeting bounty criteria.
IV. Ownership of Content
By displaying, publishing, or otherwise posting any TIPity or other content on the Site (electronically or otherwise) (the “Content”), You hereby grant us a perpetual, non-exclusive, sub-licensable (through multiple tiers), worldwide, fully-paid, royalty free license to use the Content (including without limitation, to modify, publicly perform, publicly display, reproduce, create derivative works of, and distribute such Content for any purpose, whether it contains a personal likeness or otherwise) in any and all media now known or hereinafter developed, without the requirement to make payment or seek any third party permission or make any authorship attribution.
V. Other Terms and Conditions
From time to time we may update the Program and these Terms, and such changes shall be applied prospectively. Your participation in the Program after we post any changes to these Terms constitutes Your agreement to those changes. You agree to review these Terms periodically to ensure that You are familiar with the most recent version. We may, in Our sole discretion, and at any time, discontinue the Program or any part thereof, or your participation in the Program or any part thereof, with or without notice. Fraud or activity that violates these Terms will result in You being removed from the Program and the forfeiture of any unpaid Bounties.