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PersonalityView.com | Terms Of Service

These Terms of Service were last updated on 18 July 2023.

The site accessible through the www.personalityview.com domain name (the “Site”) or the PersonalityView app (the “App”), and the service offered are provided by OVVIO Solutions (hereinafter referred to as “us”, “we” or the “Company”), a Dutch entity with registered address at Ks. Ibisplantsoen 28, Amsterdam – The Netherlands. You may contact us by sending an email to info@personalityview.com.

1. Acceptance of Terms of Use Agreement.

By using the Website or the PersonalityView App (collectively, the “Service”), whether through a mobile device, mobile application or computer you agree to be bound by (i) these Terms of Service, (ii) our Privacy Policy, Cookie Policy, Safety Tips, and Community Guidelines, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, you should not access or use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. If the changes include material changes to your rights or obligations, we will notify you in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with us.

2. Intended use of the Service.

The Service is provided for information and entertainment purposes only, not for assessment, medical advice or professional psychological advice. The Service is meant for personal use only, and should not be used in business, education, employment, or recruitment settings. Once you use the Service, any decisions you make are your responsibility, and we won’t be held responsible for the outcomes of those decisions.

3. Eligibility.

You must be over 13 (or the legal age in your country) to use the Service and at least 18 years of age to “match” with other users. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with us,
you are not a person who is barred from using the Service under the laws of your country,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements,
you have not committed, been convicted of, or pled no contest to a felony, a sex crime, or any crime involving violence or a threat of violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry,
you have not previously been removed from the Service by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Service or systems is automatically revoked, and you must immediately delete your account and stop using our Service.
The use of the Service may not be allowed or may have limitations in specific countries. If you access or use the Service from a location outside of the Netherlands, it is your responsibility to adhere to the laws and regulations of that particular territory.

4. Your Account.

When you register as a user to our Service, you may sign in using a number of ways, including Google login, or Facebook login. If you choose to use your Facebook login, you authorise us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for our Service, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

5. Modifying the Service and Termination.

We are always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. However, if you use a third party payment account such as Apple’s App Store or iTunes Store, as applicable or the Google Play Store, you will need to manage in-app purchases through such an account to avoid additional billing.

We may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply: Section 5, Section 6, and Sections 11 through 17.

6. Your Interactions with Other Members.

You agree to treat other users in a courteous and respectful manner, both on and off our Services. We are not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS. WE RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORISE US TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.

We are not responsible for the conduct of any user. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.

You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

By using the Service you further agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement,
use the Service for any harmful or nefarious purpose,
spam or solicit money or other items of value from another member, whether as a gift, loan, or other form of compensation, or otherwise defraud any members,
impersonate any person or entity or post any images of another person without his or her permission,
bully, “stalk,” intimidate, assault, harass, mistreat or defame, or otherwise mistreat any person,
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right,
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence,
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual,
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission,
use another user’s account, share an account with another user, or maintain more than one account,
misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity,
create another account if we have already terminated your account, unless you have our permission.

We reserve the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that we regard as inappropriate or unlawful, including actions or communications that occur on or off the Service.

7. Intellectual Property.

You agree that the Service, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by the Company, its licensors and/or Content providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Content or Services may be transferred or reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorised.

8. Your User Content.

If you have an user Account, the Service may allow you to, among other things, publish or upload content including, but not limited to, images, photos, and videos. Any content you submit, post, display, or otherwise make available on or via the Service, including all Intellectual Property Rights (defined below) therein, is referred to as your “User Content.” To the maximum extent permitted by law, you agree to be fully responsible for the User Content that you create or submit to the Service and you further agree not to use the Service to create or submit any User Content that does not comply with the Agreement.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

You retain ownership of your User Content. However, in order to provide the Service to you and others we need certain rights from you, as more fully described below. You alone are responsible for any of your User Content that may be lost or unrecoverable through your use of the Service. Accordingly, we encourage you to archive your User Content regularly and frequently. We have no obligation to store, maintain, or provide you a copy of your User Content.

By providing User Content to the Service, you grant us (including our third party hosting providers acting on our behalf) a non-exclusive, royalty-free, transferable, sub-licensable, worldwide right and licence to use, modify, reproduce, display, and distribute your User Content on the Service for the limited purposes of operating and providing the Service to you (“User Content License”).

You agree to waive any claims against us relating to any moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Content or Marks and any right of inspection or approval of any such use.

You may remove your User Content from and discontinue your use of the Service at any time. You must remove your User Content if you no longer have the rights required by these Terms.

If any of your User Content (1) breaches the terms of this Agreement, or (2) causes or may cause harm to the Company, our users, or third parties, we reserve the right to limit, remove, or otherwise disable some or all of such User Content in our sole discretion. We will use reasonable efforts to notify you prior to taking any such action unless we reasonably believe that doing so would: (a) breach the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the Company; (b) compromise the integrity or operation of the Service; or (c) cause harm to any user, other third party, or the Company.

9. Purchases.

Generally. From time to time, we may offer products and services for purchase (“in app purchases”) through the App Store or the, Google Play Store, or other payment platforms authorised by us. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play Store or the App Store) (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorise us or the third party account, as applicable, to charge you.

Auto-Renewal. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.

If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to the App Store or the, Google Play Store and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the PersonalityView application from your device. Deleting your account on PersonalityView or deleting the PersonalityView application from your device does not terminate or cancel your subscription; we will retain all funds charged to your Payment Method until you terminate or cancel your subscription on the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SERVICES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

10. Modifications to Service.

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

11. Disclaimers.

PERSONALITYVIEW PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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. PERSONALITYVIEW DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE, OR APPROPRIATE FOR YOUR PURPOSES.

PERSONALITYVIEW ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

PERSONALITYVIEW DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.

12. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. We are not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.

13. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSONALITYVIEW, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF PERSONALITYVIEW HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSONALITYVIEW’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PERSONALITYVIEW DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST PERSONALITYVIEW, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 13 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

14. Arbitration and Governing Law.

a. Any dispute or claim arising from this Agreement or the Service will be resolved through BINDING ARBITRATION administered by the Dutch Courts.
b. By using the Service, you agree to the above arbitration agreement. This means you give up your right to go to court to assert or defend claims against the Company, and you waive your right to participate in class actions. A neutral arbitrator or judge from the Netherlands will determine your rights. You will have a fair hearing, and the arbitrator can provide the same remedies as a court. Keep in mind that arbitration is usually simpler and more streamlined than a trial. Arbitration decisions can be enforced in court and can only be overturned for limited reasons.
c. Any legal action related to this arbitration agreement, including confirming, modifying, or vacating an arbitration award, can be initiated in any court with appropriate jurisdiction. If this arbitration agreement is found unenforceable, any litigation against the Company must be pursued only in the Dutch courts in Amsterdam, Netherlands. By accepting this agreement, you consent to the jurisdiction of those courts.
d. This Agreement and any disputes between you and the Company will be governed by the laws of the Netherlands, without considering conflicts of law principles.

15. Indemnity by You.

You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, agents, partners, and employees against any losses, liabilities, claims, or demands, including reasonable attorney’s fees, made by any third party. This includes any losses or claims resulting from your failure to comply with this Agreement, such as breaching the terms or violating any laws or regulations. It also includes any content or postings you make in the Service. If the Company chooses to assume exclusive control over the defence of such matters, you will cooperate fully with the Company in that process.

16. Notice.

The Company can send you notices, including updates to this Agreement, through various means such as email, regular mail, SMS, MMS, text messages, or postings in the Service. However, if you access the Service in an unauthorised manner, you may not receive these notices. By agreeing to this, you acknowledge that you are considered to have received all notices that would have been delivered if you had accessed the Service in an authorised manner.

17. Entire Agreement; Other.

This Agreement, along with the Privacy Policy, constitutes the complete agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is found invalid, the rest of the Agreement will still remain valid and in effect. The Company’s failure to exercise or enforce any right or provision in this Agreement does not mean they waive that right or provision. It is important to note that your online account is non-transferable, and all rights to your profile and content within the account will end upon your death. This Agreement does not create any agency, partnership, joint venture, or employment relationship, and you cannot represent or bind the Company in any way.

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