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CloseThis is a binding agreement. By using the Persona.ly iframe (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by Persona.ly, Inc. ("Company" or "Persona.ly") from time to time in its sole discretion. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
You agree that by using the service you represent that either (a) you are at least 18 years old and that you are legally able to enter into this agreement; or (b) if you are under the age of majority in your jurisdiction, your parents have read this agreement and agree to it on your behalf.
The virtual currency provided to you pursuant to your use of the Services is not real life currency and has no value whatsoever, either as a currency or otherwise, in the real world. Such virtual currency may not be used for any purpose other than within the framework of the applicable Application for which it was intended by the respective Application owner/operator and subject to the applicable Application owner/operators’ terms of use in relation to such virtual currency. The amount, value and permitted uses of the virtual currency which you may be entitled to receive pursuant to use of the Services (whether via participation in advertising offers and/or payment or real money) is determined solely by the owner/operator of the Application regarding which such virtual money is intended to be used. Persona.ly is in no way responsible or liable for any matter related to the amount, value or permitted use of the virtual currency received by you. Earning/Winning Virtual Currency. In order to earn or win the virtual currency, you shall be required to fulfill and complete all the requirements of the applicable advertising offers as set forth in the instructions of the applicable offer. The nature of the requirements to be fulfilled, and the amount and type of virtual currency to which you may be entitled pursuant to the completion of said requirements, are determined solely by the applicable advertiser and the owner/operator of the applicable Application. Persona.ly is not liable or responsible for the amount and/or type of virtual currency received by you pursuant your participation in any advertising offer and any complaints, errors and/or problems you may have in connection with the foregoing should be reported directly to the owner/operator of the Application. Without derogating from the generality of the foregoing, Persona.ly is not responsible for any discrepancies between any offer appearing on the Offer Page and any offer actually provided by the applicable Application and the actual payout of virtual currency may not equal to that disclosed on the Offer Page. Purchase of Virtual Currency. In order to purchase the virtual currency, you shall be required to pay a certain amount of real money as determined by the virtual money per real money value rate detailed and set forth in the instructions appearing in the applicable purchase offer. The amount of real money required to be paid for each unit of the applicable virtual currency is determined solely by the owner/operator of the applicable Application. Furthermore, please be advised that should you decide to purchase the virtual money, the actual money transfer shall be performed by certain third party entities that deal in e-commerce and online money transfers, and such third parties shall be solely responsible for the transfer of your payment to the applicable owner/operator of the Application. Persona.ly is not liable or responsible for the safe transfer of your payment to its intended destination or for the amount and/or type of virtual currency received by you pursuant your purchasing the virtual currency and any complaints, errors and/or problems you may have in connection with the foregoing should be reported directly to the owner/operator of the Application and/or the applicable third party performing the transfer of your payment, as applicable. In any event, all transactions, for virtual currency or for other items, are considered final, and there will be no refunds.
You are granted a non-exclusive license only to use this Site at the discretion of Persona.ly; no other license under any invention, patent, copyright, trade secret, or other proprietary right is granted, either directly or indirectly.
Persona.ly respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company's current privacy policy can be found by clicking HERE. Persona.ly privacy policy is expressly incorporated into this Agreement by this reference.
Some products and services available through or in connection with this Site, including without limitation the ability to execute a financial transaction using this Site, require that you purchase a subscription or otherwise pay a fee. You hereby authorize the Company and its merchant provider to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Site. The Company reserves the right in its sole discretion to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms at any time. The Company reserves the right to terminate your ability to use the Site at any time for any reason.
Your right to use the Site to complete a financial transaction is subject to any expenditure limits established by the Company or by your bank, credit card issuer or other financial institution. If you uses a debit, credit or other payment card, and payment cannot be charged to your card or your charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate your access to the Site, thereby terminating this Agreement and all obligations of Company hereunder.If you have reason to believe that your financial information is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of any credit, debit, or charge card number stored), you must notify the Company of the problem to avoid possible liability for any unauthorized charges.
It is your responsibility to notify the Company if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.
Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your usage records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
Company hereby disclaims all warranties. company is making the site available "as is" without warranty of any kind. you assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. to the maximum extent permitted by law, company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.
Each and every user that chooses to utilize the Offer Page and/or Services shall do so at such user’s sole reasonability.
The liability and/or responsibility for any direct, indirect, consequential or other damages of any kind that may be incurred in connection with the offer page and/or services and/or content and/other other third party applications, shall be solely that of the user, and under no circumstances shall persona.ly or anyone on its behalf be responsible or liable for any such aforementioned damages.
Persona.ly does not represent that the Offer Page shall be operational and/or that the Services shall be provided, without any interruptions and/or interferences and/or faults and/or lapses, caused by any reason, including without limitation, due to any upgrading and/or bug fixing and/or maintenance and/or the like.
The user hereby represents and undertakes that the user hereby waives any claim and/or suit and/or demand against Persona.ly and/or anyone on its behalf, in connection with the use and reliance on the Servcies, the Offer Page, the Content or anything related to any of the foregoing. Persona.ly shall use reasonable efforts to protect the details of the user and the user’s privacy in accordance with the privacy policy as set forth under these Terms of Use.
However, it is hereby clarified that full and absolute protection of the details and/or information provided by a user cannot be guaranteed. accordingly, the user hereby waives any claim and/or suit against persona.ly and/or anyone on its behalf in connection with any harm and/or damages, direct or indirect, monetary or other, that may be caused to such user as a result of the exposure of private information and/or details, including sensitive and confidential information. without derogating from the foregoing, persona.ly and anyone on its behalf, shall not be liable or responsible in any manner in the event of any exposure of details and/or information of users due to and/or in connection with any unlawful infiltration into the computer systems of the offer page and/or the applicable websites.
Company has no control over, and no liability for any third party websites or materials. Company may, from time to time, work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (F) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
All contents of Site or Service are: Copyright 2014 Persona.ly. All rights reserved.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
By using the service or accessing the site, you acknowledge that you have read these terms of use and agree to be bound by them.
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Back to login CloseThis Privacy Policy governs the manner in which Persona.ly collects, uses, maintains and discloses information collected from users (each, a "User") of the Persona.ly website ("Site"). This privacy policy applies to the Site and all products and services offered by Persona.ly.
Users access the Persona.ly platform via third-party partner websites (“Partners”), where users have already completed the Partner’s registration process. Any personal information the Partner may have collected as part of the Partner registration process is not shared with Persona.ly.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, email address, mailing address. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
We may share individual User information collected during the Persona.ly registration process with the Partner from whose site the User is accessing the Persona.ly platform.
In addition you may be asked to voluntarily provide or disclose Sensitive Data. “Sensitive Data” means Personal identification information that discloses or reveals health and medical conditions, sexual life, political opinions/views, race/ethnic origins, etc. Sensitive Data is used to target survey opportunities to you.
By way of clarification, by voluntarily disclosing Sensitive Data to Persona.ly you expressly consent to the transfer of Sensitive Data by Persona.ly for storage and processing.
We may collect non-personal identification information about Users whenever they interact with our Platform. Non-personal identification information may include information about: (i) your device or computer and its capabilities, including, without limitation, the operating system, the applications or programs on your device or computer, IP address, device carrier, device type, time zone, network status, browser type, browser identifier, unique device identification number, carrier user ID (a number uniquely allocated to you by your network provider), locale and other information that alone or in combination may be used to uniquely identify your device or computer; and (ii) your activities in connection with Persona.ly’s Services, including, without limitation, survey data and responses, and reward and/or incentive information.
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
Persona.ly may collect and use Users personal information for the following purposes:
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes.
Persona.ly surveys and platform are not designed nor intended for use by children under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If we discover that we have inadvertently gathered any such information for a child under 13, we will take appropriate steps to delete it. If your child has submitted personal information, and you wish to delete such information, as well as refuse to allow any further collection or use of your child’s information, please contact us at the address provided below. Person.ly adheres to the Children’s Online Privacy Protection Act.
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
If you register as a Publisher, you can update, correct, or delete your user information and email subscription preferences by going to the log in section of the Persona.ly Site and consistent with the other policies and agreements governing your use of the Persona.ly Site. Publisher registration information is accessible online only through the use of a password. To protect the confidentiality of your personal information as a Publisher, we recommend that you keep your password confidential.
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.
By filling out a profile, you agree to receive invitations to participate in our Internet surveys. If you would like to discontinue receiving invitations to participate, please e-mail us at support@persona.ly and write “Remove from Surveys” in the subject line. If a respondent chooses to formally end their survey participation, all information related to their individual profile will be permanently removed from our database.
Persona.ly may be required by law to disclose personal information in order to comply with a subpoena, current judicial proceeding, court order, or similar legal process served on our Company or website and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In such an event we will notify individuals that such an action has been taken and at the same time divulge such information as has been subpoenaed after conferring with our attorney.
Persona.ly could choose to sell or transfer part or substantially all of its business assets as part of a private business transaction (e.g., merger, IPO, sale), which could include the market research division, at any time. Any business transaction of this nature would only be to an entity or corporation that agreed to comply with all of the terms and conditions of our privacy policies. Any changes that such a company or entity would make to the privacy provisions of this document would require pre-notification to all respondents of such changes and new intentions regarding the use of the information.
Persona.ly has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
If your personal information changes, you may correct, update, amend, delete/remove it by emailing us at support@persona.ly. We will respond to your request to access within 30 days. We will retain your personal information and the aggregated information we process for clients and partners, for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
This document was last updated on February 16, 2015
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