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THE PRSNLS APP INC.
TERMS AND CONDITIONS
Last Updated: October 15, 2018
Welcome to THE PRSNLS (the “Service”), a mobile device software application operated by The Prsnls App Inc. (as applicable, the “Company”, “we”, or “us”).
By using the Service, you consent to receiving notices from us via email or text message. To withdraw this consent, you must cease the use of the Service by terminating or cancelling your account with THE PRSNLS.
We may modify any portion of this Agreement from time to time. The most recent version of this Agreement will be posted on www.theprslns.com. You agree that it is your responsibility to regularly check for the most recent version. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification via email or text message. If you continue to use the Service after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must cease the use of the Service by terminating or cancelling your account with THE PRSNLS. Additionally, if we update or upgrade the Service, you may be required to accept the most recent version of the Agreement to access the updated or upgraded Service.
By accessing and using the Service, you represent and warrant that:
Organizations, companies, and/or businesses may not use the Service for any purpose.
By creating an account with THE PRSNLS, you acknowledge and agree that:
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”).
You also acknowledge and agree that you will not post or submit any Content that:
You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
By posting Content, you grant to the Company, its affiliates, licensees and successors, a non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
You understand and agree that we may, but are not obligated to, monitor or review any Content you post as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
The Service is intended to facilitate and foster connections and relationships on a personal level. You agree not to use the Service to engage in the promotion and sales of any product or services, or for any commercial purpose.
You further agree to comply with all applicable laws and regulations when using the Service.
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
Users may upgrade their various subscription packages, as may be made available by the Company from time to time, by payment of the applicable package price. Payments shall be made via credit card or any other method we may accept as payment. You are responsible for paying all applicable taxes or client transaction fees in connection with your purchase, which will be disclosed to you prior to completing your transaction.
The Company reserves the right to change our pricing policy or the method or manner in which we charge for the Service.
Your order of a subscription package will be deemed to be accepted once we (i) receive confirmation of payment in full, either by gift card or through the payment processor of your credit card and (ii) depending on the nature of the order, when we activate the requested feature, deposit credits to your account or activate your subscription.
If we receive payment for an incorrect amount or non-specified currency payments, we will notify you of such incorrect payment. If such incorrect payment is not rectified within thirty (30) days of providing such notice, we reserve the right to adjust or credit your account with a pro-rated number of credits based on the funds received, converted to the specified currency at a reasonable market exchange rate at the time of processing. Accounts may not be transferred from one user of the Service to another user.
Unless otherwise required by applicable law, you agree that your purchases, including your purchase of subscriptions, are non-refundable except where we have materially breached these Terms in which case you may be entitled to a refund. For clarity, subscriptions for a fixed period or term, such as annual, quarterly or monthly subscriptions, are non-refundable even if such period or term has not expired.
We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks. A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased. You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about the profiles, card authentication and communications with or related to the Service or other users or members. Engaging in activities aimed at reversing a legitimate charge is illegal. You understand and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.
YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. IN NO EVENT IS THE COMPANY OR ITS AFFILIATES LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICE OR MEET IN PERSON, OR IF YOU DECIDE TO SEND MONEY TO ANOTHER USER.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS AFFILIATES AND THIRD PARTY PARTNERS ARE RESPONSIBLE FOR AND SHALL NOT HAVE ANY LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, AS A RESULT OF OR ALLEGED TO BE THE RESULT OF (I) ANY INCORRECT OR INACCURATE CONTENT POSTED IN THE SERVICE, WHETHER CAUSED BY USERS OR ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE; (II) THE TIMELINESS, DELETION OR REMOVAL, INCORRECT DELIVERY OR FAILURE TO STORE ANY CONTENT, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER; (IV) ANY ERROR, OMISSION OR DEFECT IN, INTERRUPTION, DELETION, ALTERATION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, ANY USER OR USER COMMUNICATIONS; OR (V) ANY PROBLEMS, FAILURE OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER OR DEVICE RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE INTERNET AND/OR IN CONNECTION WITH THE SERVICE.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
All the actions you make and information you post on the Service remain your responsibility. Therefore you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
You acknowledge that the Service contains intellectual property and proprietary information of the Company and its licensors and that the Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto.
You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any trademarks, trade names or other intellectual property or proprietary information accessible through the Service. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information:
Notice of claims of copyright infringement should be provided to the Company at email@example.com.
The following additional terms and conditions apply to you if you download the Service from Apple App Store, Google Play or other mobile or web application platforms (each a “Third Party Store”). To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the Service and the Third Party Store.
You acknowledge and agree that:
This Agreement will remain in full force and effect while you use the Service and/or have an account with THE PRSNLS. You may terminate your account at any time. We may terminate or suspend your account at any time without notice in our discretion for any reason, such as if we believe that you have breached this Agreement or are using the Service in a way that is offensive or detrimental to other users. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in subscription package purchases. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
If, for any reason, any of the terms contained in this Agreement are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
This Agreement shall be construed, interpreted and enforced in accordance with, and the rights of the Parties shall be governed by, the laws of the Province of Alberta and the federal laws of Canada applicable therein. The Parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta with respect to any matters arising pursuant hereto.