Terms & Conditions

Terms and Conditions

 

Welcome to Parade+! Before you dive in PLEASE READ THESE TERMS AND CONDITIONS ("Terms" or "Terms of Use" or "Agreement") CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS

 

ABOUT THE TERMS

 

These Terms are a legally binding agreement between you and Sway Unlimited (“us” or “we”, or “our”). The programming, promotional and other content that is available through our website (swayunlimited.com) is referred to as “Content”. This Content along with all content areas of the website (i.e. Rentals) are collectively referred to in these Terms as the “Platform”. The Platform provides you with access to the Content streamed or downloaded over the internet to compatible devices. Your access to and use of the Content & Platform is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users who wish to access or use the Platform and Content. By accessing or using the Platform and Content you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. Our Privacy Policy describes how we treat your personal information and how we communicate with you and can be viewed at https://www.swayunlimited.com/privacy. Your access or use of the Platform confirms that you have read, understood and agreed to the Agreement on behalf of yourself and on behalf of any Authorized Users.

 

PURCHASES

 

If you wish to purchase any Content made available through the Platform ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete.

 

The Platform may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the content, error in your order or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

MEMBERSHIPS

 

You must meet the following criteria (the “Eligibility Criteria”) to subscribe to the Platform: (a) be at least 18 years old, or the legal age of majority in your state or territory and (b) If you are below this age, you may use the Platform only if you promise to ask a parent or guardian before logging on. You may not transfer your account to someone else or use someone else’s account unless you provide written notice to us that you are deliberately undermining our efforts for financial compensation. To access the Platform and Content, you must have a Sway Unlimited account (an “Account”), and you must have an active subscription (the “Subscription”) with us.

 

PAYMENT AND BILLING

 

By creating a paid account with us and providing us with a Payment Method, you agree to pay the Subscription Fee that was opted for. The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing basis unless you cancel your Subscription.

 

RIGHT TO CANCEL


YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BEING CHARGED FOR THE NEXT CYCLE’S SUBSCRIPTION FEE. If you cancel your Subscription, the cancellation will become effective at the end of the then-current Subscription period and you will continue to have access to your Subscription until the end of that period.

 

NO REFUNDS

 

UNLESS REQUIRED BY APPLICABLE LAW, WE DO NOT PROVIDE REFUNDS FOR ANY SUBSCRIPTION. NOR DO WE PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED. In the event that you feel you should be entitled to a refund, a formal inquiry shall be sent to howdy@swayunlimited.com with the EXACT HEADING: “Takesies Backsies” and body text of the most compelling reasoning that is COMPLETELY VOID OF GRAMMATICAL ERRORS 

 

SUSPENSION AND TERMINATION

 

We may disable, suspend or terminate your Subscription and access to the Platform and/or your Sway Unlimited Account immediately for any reason or for no reason whatsoever, including if we determine that you have provided inaccurate account or payment details, you no longer meet the Eligibility Criteria or you are otherwise in violation of these Terms. If this occurs, you will try your absolute best to stop using the Platform.

 

COMMUNICATIONS TO YOU

 

By using the Platform you acknowledge that we can send you emails text messages or other electronic service communications about your account. To the extent permitted by applicable law, you also consent to receive electronic promotional messages, offers, surveys, and other materials. You understand that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Agreeing to receive these promotional texts is not a condition of purchasing any goods or services. If at any time you no longer want to receive promotional communications, you can opt out by either:

 

  • Unsubscribing by clicking on the link at the bottom of the electronic communication;
     

  • For text messages, by responding "NOPE"

 

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Platform may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

 

COPYRIGHTS

 

The Platform, and all materials incorporated into the Platform are protected by copyrights, patents, trademarks, trade secrets or other legal rights. We have authorized this Content for private use only and not for public or commercial exhibition.  This means that you may not show any Content to any public audience or view it in a public location without first inviting us to the screening.

 

If you believe that any content appearing on any part of the Platform has been copied in a way that constitutes copyright infringement under the laws of the United States we recommend consulting with Section 107 of the Copyright Act before taking further action.

 

Please be aware that it is copyright infringement to make an unauthorized copy of any element or any portion of the Platform, including the Content, without invoking some degree of artistically transformative alteration.

 

Additionally, you may not:
 

  • use any data mining, robots, virus, worms, bugs, or other data gathering and extraction tools on the Platform, or frame any portion of the Platform, or attempt to tamper, hack, corrupt, or impair the administration and/or security of the Platform;
     

  • use the Content files or other elements of the Platform to construct any kind of database;
     

  • reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate, in whole or in part, the Platform or any Content, or attempt, or encourage or assist any other person, to take any of the above action; or
     

  • circumvent, disable, or otherwise tamper with any security technology protecting any Content, system resources, accounts or any other part of the Platform, or to attempt or assist another person to do so. It is prohibited to use or distribute tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools).
     

INDEMNITY

 

You agree to indemnify and hold harmless Sway Unlimited, the Subscription Provider(s), and their respective parents, subsidiaries, affiliates, partners, agents, and licensors and the officers, directors, employees, members and shareholders of all of the foregoing (collectively, the “Indemnified Parties”), from and against all third party claims, losses, expenses, damages and costs, including reasonable attorney fees, resulting from your actual or alleged breach of these Terms. 

 

You will cooperate as fully and as reasonably required in Sway Unlimited’s defense of any claim. Sway Unlimited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without Sway Unlimited’s written consent.

 

HYPERLINKS TO AND FROM THIRD PARTY SITES

 

The Platform may link you to other sites on the internet including, without limitation, sites owned or controlled by Sway Unlimited. These other sites are not under the control of Sway Unlimited, and you acknowledge that (whether or not these sites are affiliated in any way with Sway Unlimited or its Subscription Providers) Sway Unlimited is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of these sites.  

 

LIMITATION OF LIABILITY

 

In no event shall Sway Unlimited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform; (c) any content obtained from the Platform; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

GOVERNING LAW AND VENUE

 

These Terms shall be governed by the laws of the State of Washington, without regard to conflict of law principles.  A dispute shall be brought in the appropriate state or federal court located in Snohomish County, Washington; and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Snohomish County, Washington for the adjudication of all non-arbitral claims.

 

FORCE MAJEURE

 

Sway Unlimited shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action, or other cause beyond our control.

 

CHANGES TO THESE TERMS

 

We reserve the right to modify these Terms or change any part of the Platform at any time. We will communicate material changes to these Terms by making the revised Terms available for your review on the Platform. The date that these Terms were last modified can be found at the end of these Terms. The modified Terms will become effective and govern your use of the Platform upon the date and time they are posted to the Platform.

 

If any change materially limits the availability of the Platform, then in addition to posting the revised Terms on the Platform, we intend to communicate this limitation by sending an email to the address associated with your Sway Unlimited Account. So, it is important that you keep your Sway Unlimited Account information up to date. 

 

By continuing to use the Platform after any revised Terms come into effect and, in the case of any Subscription, your decision not to cancel your Subscription before it renews or within any relevant notice period, means you agree to be bound to the changes.

 

Contact Us

If you have any questions regarding our Privacy Policy, please contact our terms officer at:

 

Sway Unlimited

Email: chuck@swayunlimited.com


 

Last updated: January 12, 2022