Persona.ly

This 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.