Terms & Conditions

These terms of service ("Terms") cover your use and access to Parsec Cloud, Inc. (“Parsec”) services, server software, client software and websites ("Services"). Our Privacy Policy explains how we collect and use your information, you're agreeing to be bound by these Terms, and to review our Privacy Policy. By using this Website, you represent and warrant that you are at least 13 years of age and are lawfully able to accept these TOS. These TOS do not alter in any way the terms or conditions of any other agreement you may have with Parsec or its affiliates. IF YOU CHOOSE TO USE THIS WEBSITE, OR OUR SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS AND POLICIES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR OUR SOFTWARE. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.

SHARING YOUR COMPUTER

Our Services let you share your computer(s) with others, so please think carefully about what you share.

YOUR RESPONSIBILITIES

You're responsible for your conduct. Content you access in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren't responsible for the content people share via the Services.

You are solely responsible for the content of your computer(s), your Parsec account and any transmissions you may make when using the Services. Your use of the Services are subject to these Terms and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations. When using the Services you shall not: (i) post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (ii) use the Service for any illegal purposes; (iii) delete from the Service or its related software, documentation or any Parsec website used in connection with the Service, any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices, or modify any logos that Customer does not own or have express permission to modify; (iv) use the Service under false pretenses to attempt to gain unauthorized access to computer systems or devices that Customer does not have permission to access or otherwise interfere or disrupt any other networks connected to the Service; (v) use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or use the Service to share copyrighted material that Customer does not own or have permission to share or distribute; and (vi) distribute any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature. Parsec reserves the right to suspend or disable your account or take any other action that Parsec in its sole discretion deems necessary or appropriate in the event that Parsec has reason to believe that your conduct while using any of the Services has violated the Terms.

Please safeguard your password to the Services, make sure that others don't have access to it, and kee p your account information current.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.

SOFTWARE

Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Additionally, you acknowledge that the Services and their related software are proprietary to Parsec and/or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Customer may not remove any proprietary notices or labels from any of the Services. Customer may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce any of the Services to a human-readable form. Customer may not reproduce, distribute or create any derivative works based on the Services without expressly being authorized in writing to do so by Parsec. Further, you may not rent, lease, grant a security interest in or otherwise transfer any rights to the Services. Any and all content on the websites, software and computer programs used to provide the Services are protected by copyright and other intellectual property laws. Except as specifically permitted herein, no portion of the information or content on such websites, software and computer programs may be reproduced in any form, or by any means, without prior written permission from Parsec. All intellectual property rights not expressly granted in these Terms are reserved to Parsec and its suppliers.

BETA AND ALPHA SERVICES

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Parsec’s other services, so please kee p that in mind.

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Parsec’s trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

RIGHTS

Parsec does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Parsec a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here.

If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent

Parsec Legal Department

legal@parsec.tv

We may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

PAID ACCOUNTS

Billing. You can add paid features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.

No Refunds. You may cancel your Parsec Paid Account at any time but you won't be issued a refund unless it’s legally required.

Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

TERMINATION

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.

SERVICES "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PARSEC AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR PARSEC’S OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL PARSEC, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:

(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THIS WILL BE REGARDLESS OF WHETHER OR NOT PARSEC OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ADDITIONALLY, PARSEC, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $0 OR THE AMOUNTS PAID BY YOU TO PARSEC FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.

Some places don't allow the types of limitations in this paragraph, so they may not apply to you.

CONTROLLING LAW

These Terms will be governed by New York law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Parsec with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

WAIVER, SEVERABILITY & ASSIGNMENT

Parsec’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Parsec may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

MODIFICATIONS

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Last Updated: August 2, 2017