Introduction
These are the terms of use for Persona and its connected webpages, microsites, and portals (collectively, the Site). Terms of use for the Persona Service are found on our Platform terms of service page.
The Site is operated by Persona Identities, Inc. (we, us and our). By using the Site, you consent to these terms of use and agree to be bound by them. If we change these terms of use in any way, those changes will be posted on this page. These Terms do not apply to your access to and use of the products and services which we market on the Site (our Services), including our support program for our Services. The terms applicable to our provision of Services, including how we process data as part of the Services (Service Data) are detailed in and governed by our Service Agreement or such other applicable agreement between you and Persona as applies to your access to and use of the Services.
Access to the Site
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. We may, from time to time, restrict access to certain features, parts or content of the Site to users who have registered with us (such as access to the Services program features and pages). You must ensure that any registration details you provide are accurate. If you use or create a log-in ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-in ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-in ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or if any details you provide for the purposes of registering as a user prove to be false. We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
What you are allowed to do
Except as necessary for your evaluation and use of the Services, you may only use the Site for non-commercial use and only in accordance with these terms of use. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.
What you are not allowed to do
Except to the extent expressly set out in these Terms, you are not allowed to:
store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site; remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party. You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. All rights granted to you under these terms of use will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms of use gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. If you print off, copy or store pages from the Site (only as permitted by these terms of use), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Content
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
WE MAKE OR GIVE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, CORRECTNESS, RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OF THE SITE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND ARE HEREBY EXCLUDED AND WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOU OR ANYONE ELSE USING THE SITE OR RELYING ON ANY OF ITS CONTENT.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
If you post or otherwise display any of your or your employer’s own content on the Site, you hereby grant Persona a non-exclusive, perpetual, royalty-free, paid-up, worldwide license, with right to sub-license, to copy. modify, distribute, display, perform, make, use and sell (or sub-license, as applicable) such content.
Your personal information
Use of your personal information submitted to or via the Site is governed by our Privacy Policy.
External links The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
DMCA Notice and Procedure
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA).
Persona Identities, Inc. (Persona) will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Persona may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. Persona's Privacy Policy does not protect information provided in these notices. NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PERSONA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND DATA PROTECTION OR PRIVACY REQUIREMENTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Notification
If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated agent at the email address below:
Persona Copyright Agent Persona Identities, Inc. Email: support@withpersona.com
If your concern is with content you posted to any Persona webpage, please note that by submitting, posting, or displaying your content on our site, you grant Persona and its end users a worldwide, royalty-free, non-exclusive license as specified in these Terms.
If your content has not been posted to any Persona site previous, your notification must include the following information:
A description of the copyrighted work you claim to have been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner; A description of where the material that you claim is infringing is located on our Website; Information reasonably sufficient to permit Persona to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Upon receipt of the written Notification containing the information as outlined in 1 through 5 above:
Persona shall remove or disable access to the material that is alleged to be infringing; Persona shall forward the written notification to such alleged infringer ("Subscriber"); Persona shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material. Counter Notification To be effective, a Counter Notification must be a written communication provided to Persona's Designated Agent that includes substantially the following:
A physical or electronic signature of the Subscriber; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
Persona shall promptly provide you, the complaining party, with a copy of the Counter Notification; Persona shall inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; Persona shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Persona's Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Persona's network or system. Account Termination Persona may, in appropriate circumstances, terminate an account holder or subscriber to the Site if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Persona's DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Class Action Waiver
YOU AND PERSONA IDENTITIES, INC., INCLUDING ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS (“COMPANY”) AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING. THIS CLASS ACTION WAIVER COVERS ALL DISPUTES BETWEEN YOU AND COMPANY AND ALSO INCLUDES ANY DISPUTE BETWEEN YOU AND ANY OFFICER, DIRECTOR, BOARD MEMBER, AGENT, EMPLOYEE, VENDOR, AFFILIATE, OR CLIENT OF COMPANY, IF COMPANY COULD BE LIABLE, DIRECTLY OR INDIRECTLY, FOR SUCH DISPUTE.THE TERM “DISPUTE” SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL APPLY TO ALL PAST, PRESENT, AND FUTURE LEGAL DISPUTES AND LEGAL CLAIMS BETWEEN YOU AND COMPANY THAT ARE NOW IN EXISTENCE OR THAT MAY ARISE IN THE FUTURE, INCLUDING, BUT NOT LIMITED TO LEGAL DISPUTES OR LEGAL CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PERSONA WEBSITE, COOKIE OR DATA COLLECTION, THE COLLECTION OF FACIAL SCANS OR BIOMETRIC INFORMATION, THE PRIVACY POLICY OR COMPANY’S SERVICES; YOUR RELATIONSHIP WITH COMPANY; YOUR USE OF ANY COMPANY PRODUCT OR SERVICE; USE OF THE WEBSITE; COMPANY’S CONDUCT; AND ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, RULE, REGULATION OR ORDINANCE APPLICABLE TO THE RELATIONSHIP BETWEEN YOU AND COMPANY AS TO WHICH A COURT WOULD BE AUTHORIZED BY LAW TO GRANT RELIEF IF THE CLAIM WERE SUCCESSFUL (“DISPUTE” OR “DISPUTES”).
Consequential Damages Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PERSONA IDENTITIES, INC. , ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF THESE DAMAGES, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF, VIEWING OF OR ACCESS TO THE PERSONA WEBSITE.