This Privacy Notice explains how we, Parasol collect, use, share and store information about individuals (“you”) and your interactions with our website at https://parasol.properties/ and our other websites (“Site”). It also explains your choices and rights, such as opting out of receiving newsletters and targeted advertising concerning other activities governed by this policy. This Privacy Notice was updated on [September 3, 2021].
I. Who we are
The Parasol is a residential construction company in Clearwater , USA. https://parasol.properties/ is the official website of Parasol. The marketing and IT company for this project is ProgressGuide Solutions Inc.
Parasol’s contact details are:
If you have questions, please contact our Data Protection Officer at:
II. Data Collection and Usage
We collect, store and use your personal information to allow you to use our Site, communicate with us, and for the other purposes described in more detail below or as we may specify at the time of collection.
We collect and use information about you in several ways. We may receive information directly from you when you send us an email, share a photo, complete a form on our Site (such as a contact form or a request for information or a registered interest), sign up to receive an email from us, or call us with questions. We may receive your social media profile when you share articles on our Site using your social account. We also collect information electronically when you browse our Site. We do not store it longer than necessary.
There are two types of information we collect – anonymous and personal. Anonymous information is information that cannot be used to identify you individually. We collect anonymous information automatically. Personal information can be used to identify you individually, such as your name, address, email address, or phone number. Except for your IP address, we collect personal information only when you give it to us. You may be asked to provide personal information anytime you are in contact with us. We may share your personal information with our partners, as described in detail below. Our partners and we may combine your personal information with other information to provide and improve our products, services, and advertising. You are not required to provide any personal information that we request, but if you choose not to do so, in many cases, we will not be able to provide you with our services or respond to any questions you might have.
The type of information we collect from you depends on how you interact with us. You can use our Site without providing us with any information other than anonymous information we collect automatically.
A. Information you provide directly.
We obtain information that identifies you personally directly from you. We ask for your contact information (name, street address, email address, and phone numbers) when you request information, sign up for electronic newsletters, fill out our contact form, register interest, participate in other promotional activities, or share your photos with us. We may also ask for information that helps us understand your interest in our projects, such as demographic information like household information and age group, and information about your housing interests.
We use the information you voluntarily provide to reply to your requests, update and improve our site's content or electronic newsletters, and assist with marketing research.
B. Information we collect electronically automatically.
1. Information about your visit. Our Site servers automatically record your visits to our Site. Like all other website servers, ours compiles a log that records the date, time, browser (i.e., Firefox), device type (i.e., iPhone), operating system (i.e., Android), and originating IP address of each Site page request.
We have a legitimate interest in collecting this information to monitor the usage of our Site, identify issues with our Site, and improving our services.
2. Information About Your Location. We can generally tell where you are when accessing our Site, i.e., which city from your IP address.
C. With Whom Do We Share Information We Collect?
1. Personal Information. We may share the information you voluntarily provide with our business partners who fulfill your information requests, such as companies that mail our print brochures.
We share your email address with trusted business partners who provide services and agreed to use your information only to promote their own products and services.
We may disclose your personal information as required by law, in conjunction with a government inquiry, or in litigation or dispute resolution.
2. Anonymous Information. We may disclose statistical information to third parties in aggregate without revealing any personal details about our users.
III. WHERE YOUR INFORMATION WILL BE HELD
Our Site operates in the U.S. If you are located outside of the U.S., please be aware that all information you provide us will be transferred to and stored, and processed in the U.S. Please also be aware that by using our Site and giving us your information, you consent to such U.S. transfer, storage, and processing. You also understand that the U.S. privacy laws may be different from the laws of your country.
We store our information on cloud servers located in the United States. Our cloud services provider is part of the Privacy Shield, which requires it to provide similar protection to personal data shared between Europe and the US. For further details see European Commission: EU-US Privacy Shield https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.
Where we use third-party vendors based in the US, we may transfer data to them if they are part of the Privacy Shield or if the transfer is governed by a contract including Standard Contractual Clauses (SCCs) approved by the European Commission in accordance with Article 46(2)(c) of the General Data Protection Regulation or similar clauses.
IV. YOUR RIGHTS
You have certain rights in relation to your information under Canadian and European law. The availability of these rights and how you can use them are set out below in more detail.
- You have the right to access it. You are entitled to ask us if we are processing your information and, if we are, you can request access to your personal information. This enables you to receive a copy of the personal information we hold about you and certain other information about it to check that we are lawfully processing it.
- You have the right to rectification. You are entitled to request that any incomplete or inaccurate personal information we hold about you is corrected.
- You have the right to erasure. You are entitled to ask us to delete or remove personal information in certain circumstances. There are also certain exceptions where we may refuse an erasure request, for example, personal data is required to comply with law or in connection with claims.
- You have the right to restrict processing. You are entitled to ask us to suspend the processing of certain personal information about you, for example, if you want us to establish its accuracy or the reason for processing it.
- You have the right to object to processing. You may challenge this by processing your personal information based on a legitimate interest (or those of a third party). However, we may be entitled to continue processing your information based on our legitimate interests or where this is relevant to legal claims. You also have the right to object to where we are processing your personal information for direct marketing purposes.
- You have the right to data portability. You may request the transfer of certain of your personal information to another party.
- You have the right to complain to a supervisory authority.
- You have the right to withdraw consent. Where we are processing your personal information based on your consent, you may withdraw that consent.
- Automated decisions. We do not currently make any automated decisions. However, if we did, you may contest any automated decision made about you where this has a legal or similar significant effect and ask it to be reconsidered.
Some of these rights will only apply in certain circumstances. If you would like to exercise or discuss any of these rights, please contact our Data Protection Officer at email@example.com
IV. Links to Outside Web Sites
This Site may contain links to third-party sites not controlled by Parasol, such as those belonging to Appliance Manufacturers. We recommend that you check the privacy statement of other sites you visit before providing any personal information. Any offers made in advertising on our Site are the sole responsibility of the companies making the offers.
IV. Security of Information
Please note that although we take reasonable steps to protect your information, no website or computer system or wireless connection is completely secure.
V. Privacy Inquiries
If you have concerns or questions regarding our consumer privacy practices, please forward them to firstname.lastname@example.org.
VI. Changes to Privacy Notice
We retain the right to change this Privacy Notice at any time to reflect changes in the law, our data collection, and use practices, the features of our services, or advances in technology. Please check this page periodically for changes. Your continued use of the Site following the posting of changes will mean you accept those changes.
VII. California Do-Not-Track Disclosure Requirements
We do not recognize or respond to browser-initiated Do-Not-Track signals, because the Internet industry is still working on uniform Do-Not-Track standards.
VIII. Your California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties, such as business partners, to whom we have disclosed their personal information for direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to email@example.com.
We do not knowingly collect information from children or other persons who are under 13 years old. If you are under 13 years old, you must not submit any personal information to us. If you believe we might have any personal information from or about a person less than 13 years old, please contact firstname.lastname@example.org.
X. Florida “Sunshine” Law
We adhere to Florida’s open records laws. Records we send and receive may be subject to public disclosure upon request.
Each cookie serves one of four different purposes: essential, service enhancement, analytics, or advertising/targeting. The cookies on our site will not be used for any purpose other than as stated below.
These cookies are essential, or strictly necessary, for the operation of the Services because they enable you to freely move through the Site. If you do not permit the use of these cookies, your visit to the Site may be impaired. For example, these cookies remember your preferences as you move around the Site.
- Privacy-popup is a cookie controlled by Parasol that lets the Service know if your device has acknowledged the privacy and cookie notice. This cookie expires after ten years. Do not use our Services if you do not want to receive this cookie.
- Google Tag Manager is an administrative tool to configure which cookies are delivered via the Site. Do not use our Services if you do not want to receive this cookie.
Service Enhancement cookies
These cookies enable us to provide the functions and contents of the Site tailored to your specific needs, as these cookies store your preferences. In addition, these cookies can be used to enable videos on our Site and enable sharing with social networks.
- Google Optimize is the software our site uses to display appropriate information to our users based on non-PII data. Information that may be collected by Google Optimize includes:
- Anonymous (Ad Views, Analytics, Browser Information, Cookie Data, Date/Time, Demographic Data, Hardware/Software Type, Internet Service Provider, Interaction Data, Page Views )
- Pseudonymous (IP Address (EU PII), Search History, Location Based Data, Device ID (EU PII))
These cookies collect data on how the Site is used, for example, which site pages were most frequently visited. These cookies provide us with analytical data on the Site's performance and clues on how to improve it.
- Google Universal Analytics. We use Google Analytics, a web analytics service from Google, Inc. Google Analytics sets a cookie on your device to recognize you on an anonymous basis. We use the data received from Google Analytics for business planning, operations, and marketing activities to better understand how to improve the contents of our Site and the associated user experience. While the cookie is persistent, the data expires in two years.
Information that may be collected includes:
- Anonymous (Ad Views, Analytics, Browser Information, Cookie Data, Date/Time, Demographic Data, Hardware/Software Type, Internet Service Provider, Interaction Data, Page Views, Serving Domains)
- Pseudonymous (IP Address (EU PII), Search History, Location Based Data, Device ID (EU PII))
- PII (Name, Address, Phone Number, Email Address, Login, EU- IP Address, EU- Unique Device ID)
These cookies collect information about your visit to our Site to retargeting (showing you Parasol ads on other websites) and behavioral advertising (showing you ads on other websites based on your browsing history). These cookies help Parasolunderstand which online advertising is working to bring visitors to our website before or after they have seen a digital The Parasol advertisement.
- Pinterest. Information collected is subject to your Pinterest account settings.
- Facebook. Information collected is subject to your Facebook and Instagram account settings.
- Google Ad Word Tracking. Information collected could include:
- Google Display Network (includes the Google-operated DoubleClick platform).
- Bing Universal Event Tracker (UET)
Information collected could include:
- Anonymous (Ad Views, Analytics, Browser Information, Cookie Data, Date/Time, Demographic Data, Hardware/Software Type, Internet Service Provider, Interaction Data, Page Views, Serving Domains)
- Pseudonymous (IP Address (EU PII), Search History, Location Based Data, Device ID (EU PII))
- PII (Name, Address, Phone Number, Email Address, Login, EU- IP Address, EU- Unique Device ID )
How to control cookies
You can control and/or delete cookies as you wish – for details, see aboutcookies.org, www.youronlinechoices.com, or http://optout.networkadvertising.org.
You can delete all cookies that are already on your computer, and you can set most browsers to prevent them from being placed. However, if you do this, you may have to manually adjust some preferences every time you visit a site, and some services and functionalities may not work. Note that when you opt-out of being tracked and/or targeted by some companies, they set a cookie in your browser to indicate that you have opted out.
Terms and Conditions
EQUAL HOUSING OPPORTUNITY
All real estate located in the United States of American that is advertised on the Site is subject to the Fair Housing Act in the United States of America, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination”. We will not knowingly accept any advertising for real estate which is in violation of any applicable law. Parasol also complies with provincial human rights legislation in Canada, as applicable. All persons are hereby informed that all advertised homes and units are available on an equal opportunity basis.
OWNERSHIP / RESTRICTIONS ON USE
The Site is owned and operated by Parasol and its affiliates. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names, and other information including, without limitation, the "look and feel" of the Site (collectively, the "Content") contained in this Site are proprietary to Parasol, its affiliates and/or third-party licensors. Any and all goodwill attaching to any Content accrues to the benefit of Parasol. The Content is protected by Canadian, the United States, and international copyright and trademark laws, and all other applicable intellectual property laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, reverse engineer, create derivative works from, transfer, or sell any Content without the express prior written consent of Parasol. You may download, print, and reproduce the Content for your own non-commercial, informational purposes provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale, any commercial use, or distribution is strictly prohibited except with the prior written permission of Parasol. To obtain written consent for such reproduction, please contact us at email@example.com.
MATERIALS YOU SUBMIT
You hereby acknowledge that you are responsible for any material you may submit via the Site (such as through a discussion board or other public forum), including the legality, reliability, appropriateness, originality, and copyright of any such material. Without limiting the foregoing, you may not upload to, distribute or otherwise publish through the Site any content that: (i) is confidential, proprietary, false (or places a person in a false light), fraudulent, libelous, defamatory, obscene, harassing, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, obscene or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law; or (iii) may contain malware, software viruses, political campaigning, chain letters, mass mailings, or any form of "spam" or commercial electronic communications. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site, harvest or otherwise collect, store or use any information (including email addresses) about other Site users, or alter transmission data.
Concerning any and all material that you submit on the Site, and unless we indicate otherwise, you hereby grant Parasol and/or its relevant contract party, as appropriate, an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Parasol and/or its relevant contracting party, as appropriate, is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You hereby grant us and hereby confirm that you have the right to grant us the right to use the name you submit in connection with such material, and you hereby waive any and all moral rights that you may have in and to such material with respect to the uses contemplated herein. You hereby represent and warrant that you own or otherwise control all the rights to the content you post, that the content is accurate, that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity, and that you will indemnify us and our affiliates for all claims and losses resulting from content you supply.
Any other information you submit on or through the website will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly.
REGISTRATION AND PASSWORDS
We maintain safeguards intended to protect the integrity and security of the Site. However, we cannot guarantee that the website will be secure, complete or correct, or that access to the website will remain uninterrupted.
To access certain portions of the Site, including your account, you may be asked to complete an online registration form. In consideration of your use of this Site and the services provided on it, you agree to provide true, current, complete, and accurate information as requested on any registration form to which this Site may direct you, and update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you may be asked to choose a username and password. You are responsible for keeping that password and username confidential and any activity on this Site under such a password or username. You shall immediately notify Parasol of any unauthorized use of your password or username or any other breach of security.
It is our goal to provide increased value to visitors to the Site. Therefore, the Site might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent of Parasol and that Parasol has no control over the content of such websites. We are not responsible for the availability, accuracy, or security of such websites. Consequently, Parasol cannot be held liable for, and makes no warranty or representation whatsoever as to, the accuracy, timeliness, and/or completeness of the information contained on such websites. You hereby confirm that you will not take, or cause any third party to take, any action against Parasol or any of its affiliates regarding any losses (actual or potential) that you may suffer as a result of accessing any such other sites through the Site.
The links which we might place on our Site do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such sites.
DISCLAIMER / LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES, OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Although we strive to update and keep accurate as much as possible the Content contained on the Site, errors and/or omissions may occur, and we cannot guarantee it is accurate and complete at all times.
ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Parasol DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Parasol DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL Parasol BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, ANY CONTENT OR SERVICES, EVEN IF Parasol HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY CONTENT.
As a condition of your use of the Site, you hereby warrant to Parasol that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
DISPUTE RESOLUTION TERMS FOR U.S. VISITORS (PLEASE READ CAREFULLY)
This section only applies to visitors of the Site who are domiciled or reside in the United States of America, or who access the Site from the United States of America (including any and all territories thereof).
Any disputes, claims, and causes of action arising out of or connected with your use of the Site (each, a “Dispute”) must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5.
You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury and no judge.
The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but You or us.
Disputes that can be fully resolved in small claims court need not be submitted to arbitration.
These Terms and your use of the Site are governed by the laws of the State of Florida, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
For all non-U.S. visitors, see the Applicable Laws section below.
CLASS ACTION WAIVER
THIS SECTION APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- When you register for access to certain information, products, and services on our Site, we may collect your name, email address, city, mailing address, and telephone number to respond to your inquiries and provide you with information and services that you have requested or signed-up to receive.
- If you visit the career section of the Site, we may also collect the information you provide on applications and associated documents (e.g., resume, cover letter) to assess, processing, and respond to your application for current or future employment opportunities.
- If you use a social media plug-in or application, we may have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender), which we use to deliver the content or as part of the operation of the Site, plug-in or application, and also to personalize your experience on the Site.
- If you allow Parasol to repost content that you have published online, in social media, or otherwise, Parasol's User Generated Content Terms and Conditions will apply.
- We may share the information described above with our affiliates for marketing purposes and our service providers to provide maintenance and other services related to the Site (including hosting our job application form). We may also share the information collected via cookies and other online tracking technologies with our social media, marketing, and analytics business partners. We may also disclose your information as required or permitted by applicable law, including in the event of a business transaction or legal/regulatory requirement.
- Although we have implemented reasonable administrative, technical and physical measures to safeguard personal information, the transmission of information via the internet is not completely secure. Accordingly, we cannot guarantee that the personal information you transmit using our Site will be totally secure.
- Personal information collected via the Site may be transferred in Canada or the U.S. and stored in the U.S. Personal information that is transferred outside the country where you are located will be subject to the laws of the recipient jurisdiction(s) and may be disclosed to or accessed by foreign courts (or related parties), law enforcement and governmental authorities in accordance with those laws.
You may also contact our Administrative Team at firstname.lastname@example.org in order to ask questions about the collection of your personal information, exercise your rights of access and rectification (subject to certain required and permitted exceptions pursuant to applicable law), and if you are located in Canada to obtain written information about our policies and practices with respect to service providers (including affiliates) outside Canada or ask questions about the collection, use, disclosure or storage of personal information by such service providers and affiliates outside Canada.
From time to time, we may offer and/or co-sponsor contests or promotions on the Site. Each of these activities shall be governed by specific rules accessible from the Site's pages offering the promotion or when you submit your entry.
CHANGES AND TERMINATION
"Parasol" is a trademark of Parasol. Other marks, graphics, typefaces, trademarks, and logos appearing on the Site are trademarks or trade dress of Parasol or its affiliates. All other trademarks appearing on the Site are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
INFRINGEMENT NOTICE (UNITED STATES)
You are hereby informed that Parasol has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Parasol's system or network who are repeated copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify: email@example.com
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.
Parasol is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on the Site, including the material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
WAIVER OF RIGHTS AND REMEDIES
ASSIGNMENT AND INUREMENT
The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English.
Last Updated [September 3, 2021]
User-Generated Content Terms and Conditions
By responding to our request with #Parasol you agree to the following:
- I give my permission to Parasol its affiliates, related entities, agents, representatives, successors, and assigns and those acting under their authority (collectively referred to as "Parasol") to use, reproduce, publish, display, communicate, perform, broadcast, edit, modify, do derivative works and distribute any materials, content, illustrations, photos, videos, comments and information relating to the post, or part thereof, including those bearing my image, voice, and/or likeness (collectively referred to as “Materials”) in any and all media and form, worldwide, in perpetuity, for any purpose that furthers the objects of Parasol.
- The permission referred to above includes the right to use the Materials in any manner and media, including posting the Materials to any website or online community directly or indirectly owned, controlled or operated by Parasol or to any third-party websites or online communities, including without limitation Facebook, Twitter, YouTube, Google Business, Flickr, Pinterest or Instagram, upon which Parasol has posted or wishes to post the Materials (collectively, the “Websites”).
- I hereby transfer to Parasol all of my right, title, and interest in the Materials, including but not limited to all intellectual property rights therein, and acknowledge that Parasol may copyright the Materials or otherwise protect them in any way it sees fit, in its own name. To the extent that any part of the Parasol cannot be assigned, I hereby grant Parasol an irrevocable, perpetual, sublicensable, unrestricted, royalty-free, worldwide license to use the Materials as described in these terms and conditions.
- I waive (i) all rights of publicity and privacy which I may have in the Materials; (ii) any right to inspect and/or approve the Materials or any part thereof that may be used, or any use that may be made of them; and (iii) any moral rights, worldwide, which may have accrued to me, as the author of any of the Materials.
- I warrant and represent that: a) I am the sole author of the Materials and own all rights to use them, or alternatively have the right to grant Parasol the rights described herein; b) the Materials do not, and the use of the Materials in accordance with these terms and conditions will not, infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights, or any other rights, of any person or entity; c) I have obtained, prior to posting the Materials, any and all releases and consents necessary to permit the collection, publication, exhibition and/or use of the Materials by Parasol in accordance with these terms and conditions; d) I have paid or will pay in full any fees or other payments that may be related to the use of the Materials; e) all Materials are accurate and do not violate any law, statute, ordinance or regulation; f) none of the Materials is defamatory in any manner, or places any person in a false light; and g) I am at least 18 years of age.
- Without limiting the above, I represent and warrant that the Materials do not contain any personal information regarding any individual other than myself, or that if the Materials do contain personal information regarding any third party or parties, I have provided any necessary notices to such other individual(s) and obtained their explicit consent in a form that complies with all applicable privacy laws, to post their personal information and for Parasol to collect, use and disclose their personal information as described herein. Personal information includes any information about an identified or identifiable individual, including but not limited to: name, address, or other identifiers; information regarding an individual’s employment or relationships; information about an individual’s activities or whereabouts; and/or any photographs, voice recordings or videos of individuals, their homes, or their property.
- I authorize Parasol to use and refer to my name, social media handle, image, likeness, place of residence in connection with the use of the Materials in accordance with these terms and conditions, at Parasol's sole discretion.
- To the extent that the Materials contain any personal information, I consent to Parasol and its service providers collecting, using, and disclosing such personal information to promote and market Parasol's products and services. I understand that such information will be disclosed to the public online. I further understand that by posting the Materials to any of the Websites, unknown third parties may have the ability to download, copy, use, republish and make comments on the Materials (including any personal information contained therein) without moderation. Furthermore, Parasol may not be able to control further dissemination of the Materials and my personal information by such third parties, even if I withdraw my consent for Parasol to continue using and disclosing the Materials. The Materials, including the personal information contained therein, may be collected, stored, and shared outside the country in which I am located, including in Canada and the United States of America, by Parasol and its services providers. Accordingly, it may be accessible to courts, law enforcement, and national authorities in other countries.
- I understand that I will not receive any payment for Parasol's use of the Materials. I understand that by posting the Materials to any third party Websites, Parasol may be granted that third party an unencumbered interest in, or license to use, the Materials.
- I agree to indemnify and hold harmless Parasol, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or posting the Materials from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, including reasonable legal fees, arising out of a breach of my representations and warranties set forth above, my violation of these terms and conditions, my violation of any laws or the rights of any third party. This indemnification obligation will survive any termination of the terms and conditions. Under no circumstances will Parasol be liable in any manner for any Materials containing any errors or omissions or any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted to the public.
- I further agree to forever release Parasol, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or posting the Materials, from any claim by me, my family, estate, heirs, executors, administrators, personal representatives or any assigns, which I might otherwise have against Parasol because of occurrences arising out of use and/or posting of the Materials following these terms and conditions, and that this release shall operate as a complete bar to every action at law or equity which I or my family, estate, heirs, executors, administrators, personal representatives or any assigns may otherwise have.
- These terms and conditions shall be governed by and construed following the laws of Vancouver and of the laws of the United States of America, as applicable. I hereby submit to the exclusive and personal jurisdiction of the circuit court of Orange County, Florida.
- I am free now and in the future to ask questions about these terms and conditions. I have read and understood all of the terms and conditions set out above and agree to them knowingly, freely, and voluntarily.