Welcome to Persona! Persona Media, Inc. (“Persona Media”, “us” or “we”) is the owner of the Persona mobile application (the “App).
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the App. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the App and to change, suspend or discontinue any feature of the App. Your continued use of the App will constitute your acceptance of any such changes.
You may not use, modify, copy, print, display, reproduce, distribute or publish any information from the App without the express, prior, written consent of Persona Media.
We specifically prohibit any use of the App, for any of the following purposes:
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the App. You may not take any action to interfere with, or disrupt, the App or any other user's use of the App, including, without limitation, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms.
You affirm that you are over the age of 13, as THE APP IS NOT INTENDED FOR CHILDREN UNDER 13.
You, however, are solely responsible for the security of your User ID and password and will be solely liable for any activity that occurs under your User ID and password, whether or not authorized by you. You agree to notify us immediately of any unauthorized access to or use of your User ID or password or any other breach of security by contacting us at firstname.lastname@example.org .
We have the right to disable any User ID, password, or account, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the App are the property of Persona Media or our licensors and are protected by United States and international copyright, trademark and/or other intellectual property or proprietary rights and laws.
These Terms permit you to use the App for your use only. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the App.
Persona Media and the Persona Media logo are registered trademarks of Persona Media. All other trademarks names, product, services names, designs, and slogan are the property of their respective owners. All of our App's content is copyrighted by Persona Media.
Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the App. All rights not granted under these Terms are reserved by Persona Media.
This App may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Persona Media values your engagement. When contributing content, please remember the following guidelines:
We reserve the right to remove or not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
We are under no obligation to screen or monitor any content, but may review the content from time to time at our sole discretion. We reserve the right to edit or remove any content at our sole discretion for any reason.
Under no circumstances will Persona Media be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the App or endorse any opinions expressed therein.
In addition, if you wish to share feedback with us about the App, the service, or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via email@example.com .
You assume all responsibility and risk with respect to your use of the App. THE APP, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, PERSONA MEDIA DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS APP IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Persona Media makes no warranties of any kind regarding any non-Persona Media sites to which you may be directed or linked from this App. Hyperlinks are included solely for your convenience, and Persona Media makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Persona Media sites. Persona Media does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the App.
You agree to indemnify, hold harmless, and defend Persona Media, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the App, your violation of these Terms, defamatory or infringing content posted to the App by you, or your violation of any law or the rights of a third party.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERSONA MEDIA, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS APP BE LIABLE TO ANY USER OF THE APP OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE APP, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF PERSONA MEDIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PERSONA MEDIA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS APP TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO PERSONA MEDIA IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
We control and operate the App from the United States. We provide this App for use only persons located in the United States. We make no representation that materials on the App are appropriate or available for use outside the United States. If you choose to access this App from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable
Persona Media specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
If you believe that any material contained on this App infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Persona Media will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notice of claimed copyright infringement should be sent to the following address:
Persona Media, Inc.
To be effective, the notice must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
The failure of Persona Media to partially or fully exercise any rights or the waiver of Persona Media of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Persona Media or be deemed a waiver by Persona Media of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Persona Media under these Terms and any other applicable agreement between you and Persona Media shall be cumulative, and the exercise of any such right or remedy shall not limit Persona Media’s right to exercise any other right or remedy.
All matters related to the App, the App and these Terms shall be governed and constructed in accordance with the laws of the State of New York without regard to conflict of laws provisions.
Any dispute relating in any way to your visit to, or use of, the App, to the products you purchase through the App, or to your relationship to Persona Media ("Claims") shall be exclusively submitted to confidential and binding arbitration in New York, New York, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Persona Media agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
This App are operated by Persona Media Inc. All feedback, comments, requests for technical support, and other communications relating to the App should be directed to firstname.lastname@example.org .