Last updated: August 10th, 2017
We reserve the right to change these Terms at any time at our discretion. If we make changes to these Terms, we will provide notice of the changes, such as by sending you an email with the new Terms to the address we have on record for you. Your continued use of the Applications after you have received notice of the changes will confirm that you accept the changed Terms. You are responsible for ensuring that emails from Paarcy are not blocked, treated as spam or similar. Emails rejected by your email server or which go to a folder other than your regular inbox shall be deemed to have been received by you. We encourage you to review these Terms regularly to ensure that you understand the terms and conditions that apply to your use of the Applications. If you do not agree to the changed Terms, you must stop using the Applications.
Questions or comments about these Terms may be directed to Paarcy at email@example.com.
ELIGIBILITY; ACCOUNT AND PROFILE INFORMATION
If you are a United Kingdom resident, you must be at least 18 years of age to access and/or use the Applications.
To access certain areas and features within the Applications, you must register an account and create a profile. During the account registration process, you may be required to agree to additional terms of service governing certain features of the Applications. All information that you provide in connection with your account and profile must be accurate, truthful, current, and complete. You will maintain the security of your account, including the password used to access the account, and will promptly notify us if you discover or otherwise suspect any security breaches related to your account. By registering for an account, you accept all risks of unauthorized access to the account. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Applications if you at any time provide inaccurate, false, or misleading information in connection with your account or profile.
All information, materials and content in the Applications, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, the “Materials”), are owned by Paarcy or are used with permission. The Materials are protected in all forms, media, and technologies now known or hereinafter developed. Unless otherwise indicated, the Applications (including any Materials therein) contain the valuable proprietary content of Paarcy and our licensors and are protected by copyright and other intellectual property laws and treaties. You must not use the Applications (including any Materials therein) except in the intended manner in accordance these Terms. Paarcy reserves all rights not expressly granted in these Terms, and no licenses or rights are granted by Paarcy to you under these Terms, whether by implication, estoppel or otherwise.
Subject to the terms, conditions and limitations set forth in these Terms, Paarcy grants you a non-exclusive, non-transferable, revocable license to use the Applications (including any Materials therein) on any mobile device or personal computer that you own or lawfully control, solely for purposes for which the Applications are provided. The terms of the license will also govern any upgrades provided by Paarcy that replace or supplement the original Applications, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern. Except as expressly permitted in writing by us, you will not do, and will not authorize or permit any third party to do, any of the following in connection with the Applications:
- (a) distribute or make the Applications available over a network where they could be used by multiple devices at the same time;
- (b) rent, lease, lend, sell, redistribute, or sublicense the Applications;
- (c) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Applications, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law);
- (d) knowingly take any action that would cause the Applications to be placed in the public domain; or
- (e) remove, alter or obscure any copyright, trademark, or other proprietary rights notice on or in the Applications. If you violate any of the foregoing restrictions, your right to use of the Applications will immediately cease, and you will have infringed the copyright and other rights of Paarcy, which may subject you to prosecution and damages.
THIRD-PARTY PRODUCTS AND SERVICES
The Applications may include interactive areas or services (“Interactive Areas”), such as forums, chat rooms, message boards, online hosting, storage services, or other areas or services, in which you or other user may create, post, or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, Applications, code, or other items or materials (“User Content”). User Content posted on Interactive Areas is publicly viewable to others. As a provider of Interactive Areas, Paarcy is not liable for any statements, representations, or User Content provided by you through Interactive Areas. Although we have no obligation to screen, edit, or monitor any User Content without particular cause, we reserve the right, and have the discretion, to remove, screen, or edit any User Content posted or stored on the Applications at any time at our sole discretion and without notice. You are solely responsible for your User Content and for your use of Interactive Areas, which you use at your own risk. By using Interactive Areas, you will not (and will not allow or authorize any third party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Applications any of the following:
- User Content that is disrespectful towards others, unlawful, libelous, defamatory, invasive of privacy or publicity rights, abusive, or otherwise objectionable to us, in our sole and absolute discretion;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
- User Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy, or proprietary right of any party;
- Private information of any third party individuals, including addresses, phone numbers,
- Social Security numbers, and payment card information;
- Viruses, corrupted data or other harmful, disruptive, or destructive files; or
- User Content that may be considered objectionable, restricts or inhibits any other person from using or enjoying the Applications, or may expose Paarcy or Users to harm or liability of any type.
You are solely responsible for creating backup copies of and replacing any User Content you post or store in Interactive Areas at your sole cost and expense.
By submitting or posting User Content, you hereby grant to Paarcy a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content in any medium and in any forum, including but not limited to third-party websites, for our reasonable marketing and promotional purposes, along with your name, company name, location, and any other information you submit with the User Content. The use of your or any other User’s name, likeness, voice, or identity in connection with the Applications or Paarcy’s products and services does not imply any endorsement thereof unless explicitly stated otherwise.
PERMITTED USE OF THE APPLICATIONS
You are solely responsible for your conduct in connection with the Applications. You will not violate any applicable laws, rules, and regulations, including, without limitation:
- planning or zoning laws or restrictions;
- covenants or restrictions applicable to any premises, tax regulations;
- privacy and data security laws; the U.S. Patriot Act;
- the CAN -SPAM Act, prevention of terrorism legislation;
- and similar laws and regulations;
- e-commerce laws;
- and OFAC compliance and similar requirements and regulations (“Applicable Laws”), contract, intellectual property, or other third-party right, or commit a tort, any wrongdoing (including in contract or negligence) in connection with the Applications.
In addition, you will not do, and will not allow or authorize any third party to do, any of the following:
- Use the Applications in any manner that could interfere with, disrupt, negatively affect, or inhibit our other users from fully enjoying the Applications or that could damage, disable, overburden, or impair the functioning of the Applications in any manner;
- Impersonate or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- Cheat or use unauthorized exploits in connection with your use of the Applications;
- Stalk, intimidate, threaten, or otherwise harass or cause discomfort to our other users; Send, distribute, or post spam or unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Harvest or otherwise collect information about our other users, including email addresses, without their permission;
- Use the Applications for any illegal or unauthorized purpose, or engage in, encourage, or promote any illegal activity or other activity that violates these Terms; or
- Circumvent or attempt to circumvent any filtering, copy protection mechanisms, security measures, or other features we may adopt to protect Paarcy, the Applications, our users, or third parties.
Referencing or disclosing any personal, business or other contact information through the Applications including but not limited to any email address, website, phone number, or instant messaging ID are considered each a “Prohibited Communication”. Any such Prohibited Communication prevents Paarcy from ensuring a successful Booking or providing support surrounding disputes in relation to a Booking. Paarcy disclaims any and all liability, whether direct, indirect, consequential, special, or otherwise, arising from, related to, or in connection with, any Prohibited Communication. Any single Prohibited Communication shall be grounds for all parties involved being permanently banned from using the Applications.
USE OF THE APPLICATIONS THAT IS INCONSISTENT WITH YOUR OBLIGATIONS UNDER THESE TERMS SHALL RESULT IN IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND MAY ALSO RESULT IN LEGAL ACTION.
Your use of the Applications is at your own risk. Except to the extent mandated to the contrary by Applicable Law, Paarcy is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any associated loss, damage, injury, or harm.
Copyright/ DMCA Notice and Procedure
If you believe that your work was copied or posted on the services in a way that constitutes copyright infringement, please contact our designated Copyright Agent at:
- PAARCY LTD
- International House, 776-778 Barking Road, London, United Kingdom, E13 9PJ
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing.
Your notification must include the following information:
- (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (b) 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.
- (c) 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 Paarcy to locate the material.
- (d) Information reasonably sufficient to permit Paarcy 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.
- (e) 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.
- (f) 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 that is allegedly infringed.
Note, however, that if you posted any materials on the website or through the services, by submitting, posting or displaying your content, you grant Paarcy and its end users a worldwide, royalty-free, non-exclusive license as specified in this Agreement.
Only DMCA notices should go to the Paarcy Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of DMCA may be ignored.
Upon receipt of the written notification containing the information as outlined above:
- (a) Paarcy shall remove or disable access to the material that is alleged to be infringing.
- (b) Paarcy shall use reasonable efforts to forward the written notification to such alleged infringer (“User”).
- (c) Paarcy shall take reasonable steps to notify the User that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to Paarcy’s designated Copyright Agent that includes substantially the following:
- (a) A physical or electronic signature of the User.
- (b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- (c) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- (d) The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which Paarcy is located, and that the User will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined above:
- (a) Paarcy shall promptly provide you with a copy of the counter notification, and inform you that Paarcy will replace the removed material or cease disabling access to it in 10 business days; and
- (b) Paarcy shall replace the removed material and cease disabling access to the material in no less than 10 and no more than 14 business days following receipt of the counter notice, unless Paarcy’s designated Copyright Agent first receives notice from you that you have filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material at the website or services.
Paarcy may, in appropriate circumstances, terminate an account holder or user of the website or services if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact Paarcy’s DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about any part of the Applications, Materials, or Paarcy’s products or services (collectively, “Feedback”). Feedback, whether posted through the Applications or provided to us by email or otherwise, is not confidential and we will be entitled to the unrestricted use and dissemination of that Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Paarcy’s name, Paarcy’s logos and any other Paarcy product or service name or slogan (collectively, “Paarcy Marks”) are trademarks of Paarcy and may not be copied, imitated or used, in whole or in part, without the prior written permission of Paarcy or the applicable trademark holder. The look and feel of the Applications and our webhosting platform, including all custom graphics, button icons, and scripts are the service marks, trademarks, or trade dress of Paarcy and may not be copied, imitated, or used (in whole or in part) without our prior written permission. All other trademarks, registered trademarks, product names, company names, and logos mentioned in the Paarcy Marks (“Third-Party Trademarks”) are the property of their respective owners, and any use of Third-Party Trademarks will inure to the benefit of the applicable trademark owner. The use of Third-Party Trademarks is intended to denote interoperability and does not constitute either an affiliation by Paarcy with such company or an endorsement or approval by such company of Paarcy or our products or services.
The availability of the Applications, other than our web-based Applications, is dependent on the third party from which you received the Applications (the “App Store”), such as the Apple App Store. These Terms apply between you and Paarcy and not with the App Store. Paarcy, not the App Store, is solely responsible for the Applications, the content of the Applications, any maintenance, support services, and warranty for the Applications, and addressing any claims relating to the Applications (including claims related to product liability, legal compliance, or intellectual property infringement). You will pay all fees charged by the App Store in connection with the Applications (if any). You will comply with, and your license to use the Applications is conditioned upon your compliance with, all applicable third party terms of agreement when using the Applications. In the event of a conflict between the provisions of these Terms and the provisions of any applicable third party terms of agreement, the provisions of these Terms will control.
REPRESENTATIONS AND WARRANTIES
You represent and warrant the following:
- (a) you have not been previously suspended from using the Applications or had an account terminated by us;
- (b) you do not have more than one account with us;
- (c) you have full power and authority to enter fulfill your obligations and grant any rights granted under these Terms without violating any other agreement to which you are a party;
- (d) you will comply with all applicable laws, regulations, rules, orders and other requirements, now or hereafter in effect, of any applicable governmental authority and all of the terms and conditions of these Terms when using the Applications;
- (e) you are a US citizen or resident and are not listed on any US Government list of prohibited or restricted parties or;
- (f) you are a business incorporated in a “European Country” (as defined in section 2 above), or a self employed person with a right of residence in a European Country and have provided your correct VAT registration number to Paarcy;
- (g) if you are a business in a European Country, you are not listed on any U.S. Government or EU list of prohibited or restricted parties;
- (h) you own and control all of the rights to the User Content that you post, or you otherwise have all necessary rights to post, distribute, and reproduce such User Content to Interactive Areas; and
- (i) all such User Content is accurate, non-confidential, and not misleading or harmful in any manner.
Any use of the Applications that is inconsistent with your obligation under these Terms, especially those in section 6, may result in Paarcy suspending or terminating your rights with respect to the Applications without notice, and at Paarcy’s sole discretion and without having to give a reason and without liability for such suspension and/or termination. Suspension or termination may include restricting access to and use of the Applications. If your rights with respect to the Applications are suspended or terminated, you will have no further right to use the Applications during suspension or after termination. Paarcy reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Applications during suspension or after termination, and to take legal action against you, including (without limitation) recovering Paarcy’s reasonable legal fees and court costs in connection with such actions. Even while your right to use and access to the Applications is suspended and after it is terminated, these Terms will remain enforceable against you.
MODIFICATIONS TO THE APPLICATION
Paarcy reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Applications and any features, information, materials, or content on the Applications with or without notice to you. Paarcy will not be liable to you or any third party for any modification or unavailability or discontinuance of the Applications or any portion thereof.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PAARCY, THE PAARCY MARKS, THIRD-PARTY TRADEMARKS, THE APPLICATIONS, AND THE MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PAARCY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD ANY PAARCY MARKS, THIRD-PARTY TRADEMARKS, THE APPLICATIONS, AND THE MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PAARCY, PAARCY DOES NOT REPRESENT OR WARRANT THAT THE APPLICATIONS OR ANY CONTENT CONTAINED THEREIN IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. The Applications may be subject to limitations, delays, and other problems inherent in the use of the Internet, wireless networks, and electronic communications, and we are not responsible for any delays, delivery failures, or other damages resulting from such problems.
Our liability as stated in section 16 below, shall thereby remain unaffected.
LIABILITY / LIMITATION OF LIABILITY
NOTHING IN THIS CLAUSE IS INTENDED TO REDUCE PAARCY’S LIABILITY ARISING FROM ANY CAUSE OF ACTION WHERE LIABILITY MAY NOT BE LIMITED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAARCY AND ANY OF OUR INDEPENDENT CONTRACTORS, SUPPLIERS AND CONSULTANTS, THE APP STORE AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “PAARCY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ( OR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS, PAARCY MARKS, THIRD-PARTY TRADEMARKS, THE APPLICATIONS, AND THE MATERIALS, OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF ANY OF THE PAARCY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE PAARCY PARTIES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED YOUR REASONABLE AND FORESEEABLE DAMAGES, NOT TO EXCEED THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE THE APPLICATIONS; MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. PLEASE BE AWARE THAT EXCEPT WHERE MANDATED TO THE CONTRARY BY APPLICABLE LAW, THE LIMITATIONS ON LIABILITY SET OUT IN THIS CLAUSE WILL APPLY TO YOU IN FULL. IF YOU ARE DISSATISFIED WITH ANY PART OF THE APPLICATIONS, OR WITH ANY OF THESE TERMS, YOU SHOULD STOP USING THE APPLICATIONS.
You will defend, indemnify, and hold harmless the Paarcy Parties from and against any third-party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following:
- (a) your use of the Applications, the Materials, or Third-Party Trademarks;
- (b) your conduct in connection with the Applications, the Materials, or Third-Party Trademarks;
- (c) any User Content or Feedback you provide;
- (d) your violation of these Terms; or
- (e) your violation of the rights of another.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND PAARCY TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF. You and Paarcy agree to arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Applications, except that neither you nor Paarcy is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND PAARCY FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Paarcy agree as follows:
- (a) you will each notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration;
- (b) any arbitration will occur in London, United Kingdom;
VENUE; GOVERNING LAW
The courts located in London, United Kingdom, will have exclusive jurisdiction over any suit in connection with the Applications or these Terms that is not subject to arbitration, and you and Paarcy hereby irrevocably and unconditionally permission and submit to the exclusive jurisdiction of such courts. These Terms and your use of the Applications will be governed by and construed in accordance with the laws of U.K., without resort to its conflict of law provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Paarcy may freely transfer or assign these terms without restriction and at our discretion. Enforcement of these Terms is solely at Paarcy’s discretion, and failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. As used in these Terms, “including” means “including (without limitation).” The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. If any provision of these Terms is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth above), then either that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; or (if the foregoing is not permitted by Applicable Law), then just the offending language will be struck from the clause. In either case, the remaining provisions of these Terms will continue in full force and effect.