Terms of Service
Effective Date: October 16th, 2024
Welcome to Parque Media, LLC. These Terms of Service (“Terms”) govern the use of all services provided by Parque Media, LLC, including but not limited to artificial intelligence consulting, digital marketing solutions, software, applications, website services, content creation, advertising, and any other products or services provided through our websites or platforms (collectively, the “Services”). By accessing or using our Services, you agree to be legally bound by these Terms, our Privacy Policy, Cookie Policy, Accessibility Statement, Community Guidelines, End User License Agreement (EULA), Copyright Policy (DMCA), and any other agreements or guidelines provided by us.
If you do not agree with these Terms, you must immediately discontinue use of the Services.
1. Acceptance of Terms
By using our Services, you affirm that you are at least 18 years of age and legally capable of entering into binding contracts. If you use our Services on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms.
We reserve the right to modify these Terms at any time. Any changes will be posted on our website, and continued use of the Services after the changes have been posted constitutes acceptance of the updated Terms.
2. Description of Services
Parque Media, LLC offers a wide range of Services, including but not limited to:
• Artificial Intelligence consulting and software development.
• Digital marketing optimization, including SEO, SEM, PPC, and social media strategies.
• Creation, design, and posting of ads across platforms.
• Content creation and management, including articles, blogs, social media posts, videos, and graphics.
• Website design, development, and maintenance.
• Custom app development and technology consulting.
• Real-time analytics, reporting, and automated audience segmentation.
We reserve the right to modify, suspend, or discontinue any Services at any time without prior notice and shall not be liable to you or any third party for any modifications, suspensions, or discontinuations.
3. Account Registration and Responsibilities
To use certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and maintain the confidentiality of your account credentials. You are responsible for all activities that occur under your account, including unauthorized access.
You must notify us immediately of any breach of security or unauthorized use of your account. Parque Media, LLC will not be liable for any loss or damages resulting from unauthorized use of your account. We reserve the right to terminate or suspend your account at our discretion.
4. Payment Terms and Subscription Services
For services requiring payment, you agree to provide accurate and complete payment information. We accept various payment methods, including credit cards and online payment systems. You authorize us to charge your payment method for any Services purchased.
If you subscribe to Services on a recurring basis (e.g., monthly, annually), your subscription will automatically renew at the end of each period unless you cancel it by providing written notice via email at least three (3) days before the renewal date. Failure to provide such notice will result in the automatic renewal of your subscription, and you agree to be charged accordingly.
Refunds: Refunds are only granted if written notice is provided at least three (3) days before the renewal or payment is due. No refunds will be issued after the renewal period begins, unless otherwise specified in writing.
5. Ownership of Content and Intellectual Property
All content, software, digital products, designs, advertisements, social media posts, website designs, and any other materials created or produced by Parque Media, LLC during the provision of Services remain the exclusive property of Parque Media, LLC. This includes, but is not limited to, website design, marketing strategies, advertising materials, social media posts, app designs, and any consultative deliverables.
Clients are granted a limited, non-exclusive, revocable license to use these materials solely for their intended purpose as defined by the Services. This license does not grant any ownership rights to the client.
Right to Remove or Revoke Materials: Parque Media, LLC reserves the right to remove, revoke, or take back any content, designs, or materials produced by us if the client breaches these Terms or uses the materials in a manner inconsistent with the agreed purposes.
Prohibited Use: Unauthorized reproduction, modification, distribution, or use of any materials produced by Parque Media, LLC is strictly prohibited and may result in legal action.
6. User Conduct and Prohibited Activities
You agree not to use the Services for any unlawful or prohibited purposes, including but not limited to:
• Violating any applicable local, state, national, or international law.
• Engaging in fraudulent, defamatory, harassing, abusive, or threatening behavior.
• Attempting to gain unauthorized access to our systems, networks, or accounts.
• Disrupting or interfering with the security or integrity of the Services.
Parque Media, LLC reserves the right to suspend or terminate your account if you engage in any prohibited activities.
7. Third-Party Tools and Services
Our Services may include integrations with third-party tools, APIs, or plugins. While we take steps to ensure these third parties operate securely, we are not responsible for their actions, products, or services. Use of third-party tools is at your own risk, and we are not liable for any damages or losses resulting from your use of such tools.
8. Limitation of Liability
To the fullest extent permitted by law, Parque Media, LLC disclaims all warranties, express or implied, regarding the Services, including warranties of merchantability, fitness for a particular purpose, and non-infringement. The Services are provided on an “as is” and “as available” basis.
Parque Media, LLC is not responsible for any negative impacts on your business that result from the use of our Services or tools. In no event shall we be liable for any indirect, incidental, consequential, or special damages, including but not limited to lost profits, revenue, or business opportunities. Our liability will not exceed the total amount paid by you to Parque Media, LLC for Services in the twelve (12) months preceding the claim.
9. Indemnification
You agree to indemnify and hold harmless Parque Media, LLC, its officers, directors, employees, and agents from any and all claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
• Your use of the Services.
• Your violation of these Terms or any applicable laws.
• Any claim that content you submit or provide to Parque Media, LLC infringes on the intellectual property rights of any third party.
10. Marketing Results Disclaimer
Parque Media, LLC provides tools and consulting services intended to assist in marketing and business growth. However, we make no guarantees regarding the success or effectiveness of our Services or tools. You acknowledge that marketing outcomes vary and are influenced by many factors outside of our control. We disclaim responsibility for any losses or business failures resulting from the use of our Services.
11. Termination of Services
We reserve the right to suspend or terminate your access to the Services at our discretion, including for violations of these Terms or misuse of the Services. Upon termination, you must cease all use of the Services and any software, materials, or content provided by us.
We also reserve the right to seek legal remedies for damages resulting from misuse of our Services or breach of these Terms.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law principles. Any legal action or dispute arising from these Terms or the use of our Services shall be resolved in the courts of New Jersey, and you consent to the exclusive jurisdiction of such courts.
13. Changes to the Terms of Service
Parque Media, LLC reserves the right to update or modify these Terms at any time. Changes will be posted on our website, and continued use of the Services after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically for updates.
14. Force Majeure
Parque Media, LLC will not be held liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of nature, war, cyberattacks, pandemics, or governmental actions.
15. Children’s Privacy and Age Restrictions
Our Services are not intended for children under the age of 18. By using our Services, you affirm that you are at least 18 years of age. Parque Media, LLC does not knowingly collect personal information from individuals under 18 years old. If we learn that we have inadvertently collected such information, we will take immediate steps to delete it. Parents or guardians who believe that their child under 18 has provided personal information to us should contact us immediately.
16. Contact Information
If you have any questions or concerns regarding these Terms or the Services provided by Parque Media, LLC, you may contact us at:
Parque Media, LLC
111 Town Square Pl Ste 1238
PMB 912371
Jersey City, New Jersey 07310-1810 US
Email: Support@parquemedia.com
Phone: (551) 271-2109