Terms of Service
By accepting this User Agreement, you are entering into a contract with Personas.com Corp., with its corporate offices located at 181 University Ave, 20th Floor, Toronto Ontario, Canada. All capitalized terms unless otherwise defined herein shall have the meaning attributed to such term in the glossary of terms to be found at Personas.com/glossary/.
2. About Personas
Personas is an ecommerce enabled, image posting social networking application that has the revolutionary feature of video chat based monetary gifting service.
All funds gifted using Personas; whether fiat or digital currency, are voluntary gifts to a Personas User. Gifted funds may not be used for the payment of digital goods or services on the Personas Platform. All transactions are final are, deemed fully earned and non-refundable.
Unless explicitly stated, Personas does not authorize, endorse nor recommend nor has any control over, nor guarantees the existence of, quality, safety or legality of any goods, services advertised or offered by Users of Personas; neither does Personas endorse, warrant, affirm or in any other way guarantee, the truth, quality or accuracy of a Personas Users’ content and/or claims. All Users must provide any and all identification and/or personal information that is necessary for Personas to meets its legal and socially responsible obligations. As such Users must; provide valid identification, meet all of Personas; “Know Your Customer” requirements. In addition, all Users must pass all of Personas fraud screening processes and must comply to Personas anti-money laundering policies and processes.
3. Usage of the Personas Services
Personas is a private service, and the usage of the Personas Services is a privilege extended to the User at the sole and absolute discretion of Personas. In order to maintain a fun and safe environment, all Personas Users must be in compliance with Personas’ Community Guidelines this document may be found at Personas.com/community-guidelines and respectively. Failure to meet these standards may result in Personas limiting, restricting, suspending or cancelling your Personas Account (hereinafter an “Account”) and may also result in Personas indefinitely withholding any outstanding payments to you. If Personas believes that you are abusing the Personas Services in any way, we may, in our sole and absolute discretion and without limiting other remedies: limit, suspend, or terminate your Account(s) and your access to Personas Services; delay or remove hosted content; demote your Account(s) Status Level; remove and demote listings; and/or take any other technical and/or legal steps to prevent you from using Personas Services. Personas may cancel unconfirmed Accounts or Accounts that have been inactive for a long time or modify or discontinue the Personas Services at any time, and from time to time, in our sole and unfettered discretion. Additionally, we reserve the right to refuse or terminate at any time, or from time to time, all or part of our Personas Services to anyone for any reason, or for no reason, at our sole and absolute discretion.
4. Personas User Regulatory Oversight
Personas User will promptly submit to and cooperate fully with any examination which may be required or requested by any of Regulatory Authority, Personas, Issuer, Association or System, to the fullest extent required or requested by such Regulatory Authority, Personas, Issuer, Association or System during normal business hours on a Business Day. Personas User will also provide to Personas a copy of any reports, documents and other information which may be required or requested by any Regulatory Authority, Personas, Issuer, Association or System in connection with its audit or review of Personas, Issuer or any Personas Platform Program and will reasonably cooperate with Personas, such Regulatory Authority, Issuer, Association, or System in connection with any audit or review of Personas or Issuer.
5. Personas User Compliance with Rules and Laws
Personas User will at all times during the Term of this User Agreement remain abreast of and knowledgeable about the Personas User Requirements and Rules and Requirements of Law relating to the Personas Services; and, Personas User will remain at all times in compliance with the Rules and Requirements of Law and Personas User Requirements relating to the Personas Platform Program and the Personas Platform, including, without limitation, Rules and Requirements of Law relating to discrimination, anti-money laundering, United States based unlicensed online gambling, anti-terrorism and “Know Your Client”. Personas User will undertake reasonable efforts to: (i) ensure that Personas User Associates remain abreast of and knowledgeable about the Rules and Requirements of Law relating to the applicable Mobile Personas Platform Programs, including Rules and Requirements of Law relating to anti-money laundering, anti-terrorism and “Know Your Client”; (ii) ensure that Personas User Associates remain at all times in compliance with the Rules and Requirements of Law; and (iii) ensure that Personas User Associates adhere to Personas written guidance concerning compliance with the Rules and Requirements of Law. Personas User and Personas User Associates will be permitted a reasonable period of time to adjust its processes and procedures to comply with any changes in the Rules and Requirements of Law or guidance from Personas provided such reasonable period of time may not extend past any effective dates established by the Rules and Requirements of Laws. Personas User and Personas will initiate a regular discussion to apprise each other of recent developments in the areas referenced in this paragraph for the purposes of providing Personas User and Personas User Associates time to adjust their best practices to comply with any changes to any Rules and Requirements of Law, but failure to initiate such discussion does not limit or restrict Personas User or Personas User Associates’ obligations to comply with the Rules and Requirements of Laws.
6. Personas User Requirements
Personas strives to create a safe, respectful and trustworthy service for all of its Users. As such Personas is entirely dependent on Personas Users to use the Personas Services in an honest and responsible manner which is at all times in full compliance with the Rules and Requirements of Law, the Personas Community Guidelines, the Personas Terms of Service and the Personas User guidelines as outlined in this Agreement.
In relation to the use of the Service, Personas Users are obliged to make full and true disclosure as to their products, services and or performances that are made available to Users through the Personas Service. All Posts using the Personas Services or Platform must meet the minimum broadcast length, quality and content standards advertised to Users by the Personas User at the time of broadcast. If Personas believes that you are making false claims to Users or if you are otherwise abusing the Personas Services in any way, we may, in our sole and absolute discretion and without limiting other remedies: withhold all payments to you indefinitely, refund money to Users at your expense, provide users with an eWallet credit for the amount equalling the disputed charge at your expense, limit, suspend, or terminate your Account(s) and your access to Personas Services; delay or remove hosted content; demote your Account(s) Status Level; remove and demote listings; and/or take any other technical and/or legal steps to prevent you from using Personas Services.
As a general right, Personas may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue the Personas Services at any time, and from time to time, in our sole and unfettered discretion, without notice to the User. Additionally, Personas reserves the right to refuse or terminate at any time, or from time to time, all or part of our Personas Services to anyone for any reason, or for no reason, at our sole and absolute discretion, without notice.
Personas does not want to receive your confidential or proprietary information through our website or Platform. Please note that any information or material sent to Personas will be deemed NOT to be confidential.
When sending information or providing Personas with content or causing content to be posted using the Personas Services, you grant Personas a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Additionally, by sending information or providing Personas with content or causing content to be posted using the Personas Services, you grant Personas an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, that content or information. You agree that Personas is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against Personas, its sublicensees, affiliates or our assignees.
You represent and warrant that none of the following infringe’ any rights mentioned in the preceding paragraph: your posting of content to our site(s) or mobile apps; your causing content to be posted using the Personas Services, and use of any such content (including but not limited to works derived from it by us, our Users, or others in contract with us that is done in connection with the Services and in compliance with this Personas User Agreement.
Personas will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to Personas will be published or otherwise used with your name on it; or (c) we are required to do so by law.
8. User Content
By posting, uploading or live streaming information or content through Personas Services, Users warrant and represent that (a) they are the copyright owner of such content, or that the copyright owner has granted permission to use the content consistent with the manner and purpose of the User’s use, (b) the User has the rights necessary to grant the rights noted in Section 7 “Content” to Personas, and (c) that each person depicted in such content, if any, has provided consent to the use of images, including without limitation, the distribution, public display and reproduction of the images. You represent and warrant that for the Term of this User Agreement you have all the rights necessary for the content that is posted, uploaded or live streamed on or through the Personas Services and that the collection, use, and retention of the content will not violate any law or rights of others.
9. Consent to Use of Data
You agree that Personas may collect and use technical data and related information, including but not limited to technical information about devices on which you access and/or use Personas Services or Platform, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, if any, related to Personas Services or Platform. Personas may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Personas works to ensure that content on our site(s) does not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our customer service team at IPCS@peeks.com
11. Prohibited Activities
By acceptance of this User Agreement, you covenant and agree that you will not Broadcast and/or upload content that is in violation of Personas Community Guidelines. Personas Community Guidelines can be found at Personas.com/community-guidelines. If there is any disagreement as to whether content violates Personas Community Guidelines, Personas will make such determination in its sole and absolute discretion, such determination to be final and binding upon the User or Personas User. Prohibited Activities include, but are not limited to:
• Violating any applicable laws or regulations;
• Not reporting a crime being witnessed on a live stream or uploaded content;
• Hate speech;
• Sexual exploitation;
• Criminal Activity;
• Money Laundering;
• Promotion of Self Injury
• Injury of other parties;
• Terrorism Funding;
• Drug Dealing;
• Publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information or that which will violate local laws or regulations;
• Transfer of your Personas Account (including Feedback) and your ID to another party without our consent;
• Distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• Uploading files or content that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or technologies that may harm Personas, or the interests or property of others;
• Use of any robot, spider, scraper, or other automated means to access any Personas Services for any purpose;
• Bypassing Personas’s robot exclusion headers, interfering with the working of Personas Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
• Reproducing, performing, displaying, distributing, reverse engineering, or preparing derivative works from content that belongs to or is licensed to Personas, or that comes from Personas Services and belongs to Personas or another party including works covered by any copyright, trademark, patent, or other intellectual property right, except with prior express permission of Personas and/or any other party holding the right to license such use;
• Commercializing any Personas application or any information or software associated with such application; for certainty, this includes selling, renting, leasing, redistributing or sublicensing Personas Services;
• Copying, decompiling, reverse engineering, disassembling or attempting to derive the source code of Personas Services or application;
• Harvesting or otherwise collecting information about Users without their consent; or
• Circumventing any technical measures Personas uses to provide Personas Services.
Personas charges Fees for the use of Personas Services. These Fees may include but are not limited to: Platform fees, payment processing fees, foreign exchange fees, Account re-instatement fees, settlement fees, Account inactivity fees, advertising fees, chargeback fees, rolling reserves and other fees. A schedule of Personas Fees may be found at Personas.com/fees/. Fees may be charged to you or your Personas Users or Users. Fees may vary depending on your Status Level. Personas may alter Fees from time to time and will make you aware of any changes to fees by posting the changes on the Personas website 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of Fees.
You must be the greater of eighteen (18) years of age or the age of majority in the jurisdiction from where you are Broadcasting or uploading content to Personas and have a payment method on file in order to send or receive Transfers and/or purchase goods or services using Personas Services. You agree to have all Fees and applicable taxes associated with the use of the Personas Services debited from your Personas Wallet Account by Personas or any contracted third party payment processing provider contracted by Personas to perform payment processing services on behalf of Personas, prior to withdrawing any funds. If your payment method fails or your Account is past due, we may collect Fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel, and, in addition, you will be subject to Late Fees. Peeks, or the collection agencies we retain, may also report information about your Account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If you wish to dispute the information Personas reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at Personas Inc., 181 University Avenue, Toronto Ontario, Canada. If you wish to dispute the information a collection agency reported to a credit bureau regarding you Personas Account, you must contact the collection agency directly.
13. Withdrawals and Settlement of Personas User Funds
As a Personas User you may earn money in the form of Transfers, payments, incentives or by some other lawful means. These funds reside in your Personas Wallet and you may withdraw all available funds after the expiration of the Hold Time, minus all applicable Fees and taxes. If you live in North America (Canada or the United States) you may withdraw funds by using any of following options; (1) via your Personas Wallet, (2) by transferring the funds to your bank account (only available in Canada), (3) by transferring funds to a Peeks-issued pre-paid payment credit card, (4) or any withdrawal options currently available from the Personas Wallet. If you live outside Canada or the United states you can withdraw funds via bank wire or you may have a paper cheque mailed to you. Note not all settlement options are available in all countries; to see a full list of settlement options by country or to learn how to settle your funds, go to Personas.com/fees/.
14. Holdbacks and Rolling Reserves
In order to protect against financial losses due to chargebacks, returns and potential fraud, Personas may keep a rolling reserve against Personas Users fund settlements for up to six months. The rolling reserve averages 10% of Earned Funds before chargebacks, returns and other fees. Personas Users with an established track record may be subject to lower or no holdbacks at all. The remainder of Earned Funds will be made available to you for withdrawal after a holding period of approximately three to five days. Personas may change holdback and rolling reserve percentages and time periods from time to time and will notify you 14 days in advance by posting the changes to Personas’s website. Personas reserves the right to freeze, withhold and otherwise retain Personas User funds if Personas has reasonable suspicion of criminal activity by or on behalf of the Personas User or any of the Personas User’s customers. For a discussion on the operation of holdbacks see Personas.com/fees/.
15. Transaction Limits
Personas may in its sole discretion, or at the request of any Issuer or any Association, impose limits or restrictions on the amount or number of purchases that may be charged to a Personas User’s Personas Account during any time period, or refuse to process charges from any Personas Account or to any Personas Account holder with a prior history of questionable charges. Personas may impose transaction limits or refuse any transaction request of a Customer either temporarily or permanently including limits that are more restrictive than limits placed on Customers by an Issuer or Association in order to reduce Personas’s reasonable apprehension of risk of loss under varying circumstances. Personas is in no way responsible for any losses sustained by you, including claims for lost profits or consequential, special or material damages, on account of the imposition of transaction limits or restrictions or for any other reason whatsoever.
16. Account Claims and Disputes
If a Customer makes a claim against unpaid Personas User Funds, Personas may, in its sole discretion, (a) withhold all or part of the unpaid Personas User Funds until the dispute is resolved to Personas’s satisfaction; or (b) pay the disputed Personas User Funds to any court of law until the matter is resolved. You hereby covenant and agree that you shall immediately advise Personas of (i) any error in the processing of any Personas User Funds whether positively or negatively impacting Peeks, you or a Customer, or (ii) the discovery of any illegal or fraudulent transaction by you, or by any of your Customers.
17. Advertising Requirements
When listing an Advertisement, you agree to comply with Personas Advertising Policies, found at Personas.com/privacy-policy and that:
• You are entirely responsible for the accuracy and content of the listing and item(s) offered including, without limitation, any price, warranty or other claims;
• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Personas can’t guarantee exact listing durations;
• Content that violates any of Personas Policies may be deleted at Personas’s sole and absolute discretion and without notice to the party posting the Advertisement;
• The appearance or placement of listings in search and browse results will depend on a variety of factors none of which Personas guarantees, including, but not limited to:
• buyer’s location, search query, browsing site, and history;
• item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the enquiry;
• seller’s history, including listing practices, Detailed Seller Ratings, Personas Policy compliance, Feedback; and
• number of listings matching the buyer’s query.
18. Call Recording and Contact Authorization
Personas may, without further notice or warning and in its sole discretion, monitor or record telephone conversations or live stream Posts that you or anyone acting on your behalf has with Personas or its agents for: quality control; security; and training purposes; or for Personas’s own protection and for the protection of others; or to ensure compliance with this User Agreement and applicable law.
19. Indemnity and Release
You hereby covenant and agree to indemnify, defend, release and hold harmless Personas and our affiliates and subsidiaries, and Personas’s and its affiliates and subsidiaries’ respective officers, directors, employees, agents, and shareholders from claims, demands and damages, actual and consequential, and all fines, penalties, losses and expenses (including legal fees on a solicitor and client basis), or other liabilities resulting from or in connection with your use of the Personas Services or that arise from a breach of any of the terms and conditions of this User Agreement. If having a dispute with one or more Users, you release Personas from claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In agreeing to this release you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
20. Legal Disputes
You and Personas agree that any claim or dispute in law or equity that arises from or may arise from this or any previous versions of the Personas User Agreement, or from your use of, or access to the Personas Services, or any products or services sold or purchased through the Personas Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
20.1 Prohibition of Class Action and Representative Action and all Non-Individualized Relief
YOU AND PERSONAS AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING WITHOUT THE MUTUAL CONSENT OF BOTH YOU AND PEEKS. THE ARBITRATOR OR JUDGE, AS THE CASE MAY BE, MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS ACTION, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR OR JUDGE MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. The invalidity or unenforceability of any provision of this section “Prohibition of Class Action and Representative Action and all Non-Individualized Relief”, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this section shall be construed in all respects as if such invalid or unenforceable provision were omitted.
21. Survival of Claims
It is agreed that any claim arising out of or related to this Personas User Agreement will not be brought later than two (2) years after the cause of action became known or should have become known to the complainant.
22. Invalid or Non enforceable Provisions
The invalidity or unenforceability of any provision of this Personas User Agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion, this Personas User Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
23. Choice of Law/Venue
This Personas User Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, and without regard to its conflicts of law rules. You hereby irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario. The venue for any action, dispute or proceeding with respect to this Personas User Agreement shall be Toronto, Ontario, except in the case of any action, dispute, or proceeding relating to an indemnification obligation hereunder, which action, dispute, or proceeding may be brought before any court with competent jurisdiction.
24. Amendments and Modifications
We may amend this Personas User Agreement at any time by posting the amended terms on Personas.com. Our right to amend the Personas User Agreement includes the right to modify, add, or remove terms in the Personas User Agreement. We will provide you 30 days’ notice by posting the amended terms on Personas’s website. Additionally, we may notify you by text message, autodialed call or by email. Your continued access or use of Personas Services constitutes your acceptance of the amended terms as and when posted from time to time. We may, but have no obligation to, also ask you to acknowledge your acceptance of the Personas User Agreement through an electronic click-through. This Personas User Agreement may not otherwise be amended except through mutual agreement by you and a Personas representative who is duly authorized to agree to such an amendment.
The Personas Policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Personas website.
25. Acting on Behalf of a Business
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Personas User Agreement. Such account is owned and controlled by the business entity and Personas can rely upon the foregoing sentence in respect of any instructions in respect of the business entity.
26. No Partnership
You and Personas do not intend to create, and have not created, a legal partnership or joint venture by agreeing to perform the activities set forth in this Personas User Agreement. Each of you and Personas shall be an independent contractor with respect to the other. Neither you nor Personas shall have the legal authority to contractually bind the other. Notwithstanding the foregoing, in the event that you and Personas hereto agree to create a legal partnership or joint venture in the future with respect to the provision of the Personas Services as set forth herein, such agreement shall be a separate and distinct agreement in writing. The arrangement between you and Personas hereto is non-exclusive and this Personas User Agreement does not grant to you any exclusive rights relative to all, or any part of, the Personas Service.
27. Survival of Obligations
The rights and obligations of the parties hereunder which by their nature would continue beyond the termination or cancellation of this Personas User Agreement (including, without limitation, those relating to the following sections; Fees, Content, Limitation of Liability, Indemnity and Release, and Legal Disputes) shall survive any termination or cancellation of this Personas User Agreement.
28. Personas Services and Marks
You shall not: (i) attempt to modify Personas’s marks, trademarks, trade names, or any Personas Services in any manner; or (ii) sell, assign, license, sub-license or otherwise transfer, transmit or convey Personas Services, any part thereof, or any copies or modifications thereof, or any interest therein, to any party. All rights in the Personas Platform and Personas Services, including without limitation any patents, trademarks, trade names, copyrights and any other intellectual property rights therein and all improvements thereto howsoever arising, shall remain the exclusive property of Personas and/or Personas’s licensors. You agree that the Personas Services are the proprietary and confidential information of Personas and/or its licensors. The limited license to use the Personas Services in compliance with this User Agreement, or any part thereof as applicable, shall immediately terminate upon the earlier of: (i) termination or expiration of this Personas User Agreement; or (ii) failure by you to comply with any provisions of this User Agreement.
29. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PERSONAS SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PERSONAS SERVICE PERFORMED OR PROVIDED BY PERSONAS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PERSONAS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PERSONAS SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PERSONAS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF PERSONAS SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR PERSONAS SERVICES PERFORMED OR PROVIDED BY PERSONAS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF PERSONAS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PERSONAS SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM PERSONAS SERVICES OR PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PERSONAS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD PERSONAS SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
30. Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PERSONAS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PERSONAS SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PERSONAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Personas’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
31. Limitation of Liability for Content
You understand that by using Personas Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or displays of nudity, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, Users agree to use Personas Services at their sole risk and that Personas shall not have any liability for content that may be found to be offensive, indecent, or objectionable. Personas does not control or endorse the content, messages or information displayed on the Personas Services and, therefore, Personas specifically disclaims any liability with regard to the use of the Personas Services and any actions resulting from your participation in any Personas Service.
Personas Users and Users, in uploading or live streaming content through Personas Services or Platform, acknowledge they alone are liable for the information or content they upload or live stream on Personas Services or Platform. In no event shall Personas be liable for content or information posted, uploaded, or live streamed on Personas Services by a Personas User and/or User. Personas Users and Users agree to indemnify Peeks, its affiliates and subsidiaries, and all other parties named in Section 19 “Indemnity and Release” for all claims brought against Personas on account of content posted, uploaded or live streamed that violates laws, whether inside or outside of Canada.
32. Third Party Materials
In accessing and using the Personas Services, Users may be exposed to content, data, information, applications or materials from third parties or provided links to certain third party websites. By using Personas Services, Users acknowledge and agree that Personas is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party materials or websites. Personas does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials, products or services. Personas is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties or use a link to such parties from the Personas Services or Platform.
The headings, captions and titles used in this Personas User Agreement are for convenience of reference only and shall not have any bearing in interpreting, construing, performing or enforcing this Personas User Agreement.
Any notice, approval, request, authorization, direction or other communication under this Personas User Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) on the delivery date, if delivered personally to the party to whom the same is directed; (b) two business days after deposit with a commercial overnight carrier, with written verification receipt; or (c) five (5) days after the mailing date, whether or not actually received, if sent by registered mail, return requested, postage and charges prepaid, or any other means of rapid mail delivery for which a receipt is available to the address of the Party to whom same is directed as set forth at the beginning of this Personas User Agreement. All such communications will be directed to the attention the Authorized Agent in the case of you and Customer Service in the case of Peeks.
35. Transfer and Assignment
You may not sell, assign or transfer any of your rights or obligations under this Personas User Agreement without the prior written consent of Personas (which consent may be arbitrarily withheld or conditional).