PLEASE CAREFULLY READ ALL THESE TERMS BEFORE USING THE PLATFORM.
2. Acceptance of the Terms
By agreeing to the Terms, or by using the platform, you accept to be bound, without reserve or restriction, by the conditions and stipulations of the Terms. Access to and use of the platform is subject to the full and unreserved compliance by these Terms.
If you do not wish to be bound by these Terms or if you do not fully accept the Terms, you must abstain from accessing or using the platform.
3. User Account and Password
To use certain features of the platform, you may need, or will be given the opportunity, to create a user account. To create the said account, you must provide, for example, your first and last names, your e-mail address, residential address and a password. Once registered, you may have to provide additional information to Parade in order to help us organize your profile and offer you a more personalized experience of the platform.
You must be at least 13 years old to register for an account. To become a Talent or an Event Planner, you must be at least 18 years old or have your parent’s permission.
You are responsible for the protection of the confidentiality of your user account and the password linked thereto. You shall immediately advise Parade of any unauthorized use of your user account or of any other form of security breach to avoid a potential fraudulent or unauthorized use of your user account.
Parade is not responsible for any unauthorized use of your user account, and you agree to bear all responsibility for any acts committed through your user account, unless you close it or report abuse or fraudulent use thereof.
For any request to close your user account or to report any abuse or fraudulent use thereof, please contact us.
Parade reserves the right to suspend or close your user account at any time, at its discretion and without prior notice. For example, but without limitation, Parade may suspend or close your user account if you fail to comply with the Terms or if you use the platform in a manner that is likely or would risk to harm Parade, cause it to incur liability, to disrupt the activities of the platform or to disrupt the use of the platform by third parties.
4. User Content
The platform may offer certain features that enable users to contribute to the content of the platform, namely to, among others, create and update Talent listings or evaluate and comment Talents’ performances.
You retain the rights to your copyrighted content or information that you submit through the platform and Parade represents that it will never claim to be the owner or the original author of your content.
However, by submitting your content via the platform, you grant Parade a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, transferable, sub-licensable worldwide license to your content for any purpose whatsoever and you waive all your moral rights to your content. Parade may thus, without limitation, use, reproduce, store, adapt, translate, modify, create derivative works, transmit, distribute, perform in public and make available to the public, in any medium whatsoever, your content.
By submitting your content through the platform, you:
- agree that your full name, your age group, city and country of residence may appear in connection with the distribution of your content and the use that Parade may make of it;
- acknowledge and agree that Parade shall not be held liable for any loss, damage or corruption of your content.
Moreover, you represent and warrant to Parade that:
- Your content does not violate any intellectual property right, including any copyright of any third party;
- Other than any rights-free content, you are the sole owner of all intellectual property rights, including copyright, in your content or, where applicable, you have the written permission of the owner to submit your content;
- Your content does not contain any defamatory statement or obscenity and does not violate a third party’s right to privacy or image;
- Your content does not violate any law, act, order or regulation that is applicable to you or to Parade;
- Your content is not used to promote or advertise services, products, websites or organizations other than Parade services, products, websites or organizations and is not a chain of letters or any other form of solicitation. Your content is a reflection of your thoughts, your skills, your preferences and, more generally, of your person. You must not imply that your content is endorsed by a third party unless expressly authorized to do so. You may not imply, suggest or pretend that Parade approves, shares or endorses your content, unless expressly authorized to do so.
Parade may reject or withdraw any user content at its sole and absolute discretion and without notice to the original author. Parade does not endorse or approve the user content found on the platform and accepts no liability and gives no warranty for said contents.
Except for the user content, any content created, developed, distributed, communicated, elaborated, generated or reproduced on the platform (including texts, codes, illustrations, images and videos) as well as their selection, composition and arrangement belongs to Parade or is licensed from third parties and may be protected by intellectual property laws, such as the Copyright Act (R.S.C., 1985, c. C-42).
Where applicable, Parade reserves all of its rights with regards to the content that it owns. Consequently, it is prohibited to copy, reproduce, modify, reformulate, edit, and more generally, use the elements that constitute this content, in whole or in part, without the prior written consent of Parade.
Notwithstanding the preceding paragraph, you may download, print and reproduce the content for your own informational purposes provided that you agree to respect any and all copyright or other proprietary notices with respect to Parade content, and that you cite the URL source.
Certain names, words, titles, sentences, logos, designs, graphs, icons and trademarks displayed on the platform may constitute trademarks, registered or not, of Parade or third parties. Although Parade may use under license certain trademarks of third parties, the display of third parties trademarks on the platform shall neither imply any relationship or license between Parade and said third parties owning a given trademark, nor the approval or endorsement by Parade of the goods, services or activities of the owner of said trademark.
Nothing contained on the platform should be construed as granting you a license or right to use any logo, design or trademark of Parade or of any third party, without the prior written permission of Parade or of the third party owner of the given trademark.
7. Use of the Platform and Fees
Talents create listings on Parade platform that allow them to make themselves known to a large audience and offer their services to Event Planners. Parade does not provide any Talent services, nor it is an agent for the Talents or act as a representative of any user. Therefore, Parade has no control over user’s activity on the platform, including interactions between users, and we make no representations regarding the quality, accuracy or safety of the services being provided by a Talent or the activities or transactions between users. You acknowledge that Parade is a neutral marketplace and not a broker and you are solely responsible for your interactions with other users.
Parade reserves the right to decide who’s eligible to use the platform, to cancel or restrict the rights of a user account and to refuse to offer its services.
The platform and services are intended for use by persons 18 years of age or older. The platform and services are not intended for children under the age of 13. Children under the age of 18 but at least 13 years of age may use the platform and services only with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms.
The platform may be accessed and used without charge. Parade charges Event Planners a 6% – 10% service fee whenever a reservation is completed to cover company costs. This service fee varies depending on the cost of the subtotal. The more expensive the subtotal, the lower the percentage the service fee. When a booking occurs through the platform, Parade also collects a 3% payment processing fee from Talents. You are responsible for paying any additional fees or taxes associated with your use of Parade platform.
Payment processing services for Talents acting on Parade are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as an account holder on Parade, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Parade enabling payment processing services through Stripe, you agree to provide Parade accurate and complete information about you and your business, and you authorize Parade to share it as well as transaction information related to your use of the payment processing services provided by Stripe.
8. Your Obligations
By using the platform, and without limiting what is otherwise stated under these Terms, you agree (i) to respect all laws applicable to you in your home jurisdiction, (ii) to provide us with accurate and up-to-date information, and (iii) to use the platform in a reasonable and responsible manner.
Moreover, you agree not to:
- use the platform for any illegal or unlawful purpose;
- create or suggest a false identity on your user account or create, without permission, a user account for any person other than yourself;
- use or try to use, without permission, the account of another user;
- violate the intellectual property rights of Parade or others, such as those concerning patents, trademarks, trade secrets, licensing, copyright or other proprietary rights;
- monitor the availability, performance or functionality of the platform for competitive purposes;
- use software, devices, manual coding robots or automatons or other means to access, break down, analyze or index the functionality of the platform or any related service, data or information;
- be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of a similar e-mail address, nicknames, or the creation of false account(s) or any other method or device;
- transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- be obscene, use explicit or implied profanity;
- except for the services offered via the platform, post ads for your business, products or those of any other person or any other type or form of spam;
- circumvent any security feature of the platform; and
- use the platform in way it is not intended to be used.
If Parade has reasonable grounds to believe that you do not comply with the aforementioned obligations or any other obligation stipulated in the Terms, Parade can, at its sole and absolute discretion and without notice, suspend your right to use the platform or restrict your access thereto in any other way Parade deems appropriate.
9. Links to Third Party Websites
Some links within the platform may take you to other third party websites which are not under the control or of the responsibility of Parade. Parade has no way to control these websites, and is not liable for, nor guarantees, the availability, reliability or the legality of these websites. Parade does not endorse or approve the content to which these websites allow access, and excludes all liability or guarantee in their regard. The user that accesses the websites does so at its own risk.
10. Idea Submissions
Any comment or suggestion related to the platform, its functionalities, or the commercial activities in which Parade participates in or may participate in that you communicate to Parade may be used, adapted or implemented by Parade without any obligation to remunerate you or compensate you in any way.
You agree that any comment, suggestion, idea or proposal related to the platform, its functionalities, or the commercial activities in which Parade participates in that you submit to Parade is non-confidential, non-proprietary, and may be disclosed, used, adapted or implemented by Parade without any obligation to remunerate you or compensate you in any way.
11. No Warranties
The platform and the content found therein are provided as is. When you visit and use the platform, you acknowledge and agree that you do so entirely at your own risk. The platform may be abandoned or access thereto may be interrupted at any time by Parade or otherwise. Parade makes no representations or warranties as to the content, services or functionalities of the platform or the user content found therein, including, but without limitation:
- as to the accuracy, availability, completeness, reliability, merchantability or the opportunity of the platform;
- as to the operation or accessibility of the platform without interruption or error;
- as to the correction of defects or errors in the platform;
- as to the absence of viruses or harmful elements in the platform; and
- as to the secure transmission or transmission without interception of communications through the platform.
12. Limitation of Liability
To the full extent allowed by applicable law, in no event shall Parade and its officers, directors, employees, agents and their respective successors and assigns have any liability, whether based in contract (including any breach of an important obligation), these Terms, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for an invasion of your privacy, loss of revenue or profits no matter the cause, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the platform, whether foreseeable or not, and even if Parade had been advised of the possibility of such damages. In addition, Parade has no obligation to keep or store the images, videos, searches, preferences or any other data that you generate or save from time to time on the platform and shall not be held liable for any loss or damage resulting from a loss of such data.
The platform and/or Parade services may be temporarily unavailable from time to time for maintenance or other reasons.
Should you decide to visit or use a website linked to the platform, materials, softwares or any goods or services available through a website linked to the platform, you are doing so at your own risk.
Parade is not responsible for the user content that you generate on the platform, or for the actions that you take or fail to take in connection with the platform.
You agree that your acts are your own responsibility and you acknowledge that you performed them knowingly. Parade will not be held liable for any breach of the Terms that you may have committed. Consequently, you shall defend Parade, its affiliates, parent company, officers, agents, representatives, directors, employees and business partners in the event that a legal proceeding is filed against Parade following a breach of the Terms that you, or any person having access to your user account, may have committed.
In any case, you agree to indemnify and hold harmless Parade, its affiliates, affiliated companies, directors, officers, agents, representatives, employees and business partners against any losses, obligations, claims, demands, damages, costs and expenses of any nature whatsoever, including reasonable legal fees incurred in connection with your acts and the breach of the Terms, any law or the rights of a third party.
14. Governing Law and Jurisdiction
These Terms are governed and interpreted by the laws of the province of Quebec and the laws of Canada applicable therein (without regard to conflicts of law principles).
You irrevocably agree and acknowledge the exclusive competence of courts under federal and provincial jurisdiction sitting in the judicial district of Montreal for any dispute which may arise in connection with the Terms or related thereto, elect domicile therein and waive any objection based on the lack of subject- matter jurisdiction or any claim based on the notion of forum non conveniens.
Each provision of these Terms is separate and distinct and, if a provision of these Terms is held invalid, illegal or unenforceable, all other provisions will remain in full force and effect.
A failure to act or delay in acting by Parade with respect to a non-performance, or the non-exercise of a right under these Terms will not operate as a waiver of that performance or of that right. The waiver of a right under these Terms by Parade will not be effective unless it is given in writing and is signed, in which case it will be effective in the specific instance and for the specific purpose given.
17. Non Assignment
You may not assign or delegate any right or obligation under these Terms without Parade prior consent.
The platform is a dynamic and evolving environment subject to change. Parade may review the Terms at its sole discretion by simply updating this page or pages where the provisions of the Terms to be changed are found. It is your responsibility to consult the Terms on a regular basis to become aware of any changes that may be made to them. Notwithstanding the foregoing, Parade shall notify the users of any amendment to the Terms at least 30 days prior to its entry into force.
If you do not agree with one or more changes to the Terms, you must cease all use of the platform and close your user account, if any. Continuing to use the platform or not closing your user account after Parade has published the changes will be equivalent to your acceptance of the changes to the Terms.
Any notice or communication which is required or permitted to be given under these Terms must be made in writing and will be deemed to have been effectively transmitted if sent by e-mail to the following addresses:
- If the recipient is Parade: email@example.com
- If the recipient is the user: to the e-mail address provided to Parade through the user’s profile or otherwise.
Such notice or communication will be deemed to have been given and received on the day it is actually delivered or sent (or, if that day is not a business day, on the following business day), unless it is delivered or sent after 4:30 p.m., in which case it will be deemed to have been given and received on the next business day. If you have any questions or comments regarding these Terms, please contact our team at : firstname.lastname@example.org
Current version effective as of: January 1st, 2019