PersonaBubble.com Acceptable Use Policy
PersonaBubble.com users are encouraged to give personal feedback to other users whilst using the service and functions of the PersonaBubble.com website. Such actions may give rise to the possible misuse of the PersonaBubble.com website and information contained within it and/or to the possibility of bullying or harassing behaviours. PersonaBubble.com will not tolerate any form of unacceptable use of the PersonaBubble.com website or the Service, nor will it tolerate any form of bullying or harassment, and we will take a firm stance if there is good reason to expect any such abuse to have taken place.
By using or accessing PersonaBubble.com, you agree to be bound by this Acceptable Use Policy, our Terms and Conditions and our Privacy Policy which govern the relationship between PersonaBubble.com (“us”) and its users (“you”). If you do not agree to this Acceptable Use Policy and/or our Terms and Conditions and/or the Privacy Policy do not use PersonaBubble.com.
1. Definitions
1.1 “Data” means any and all data gathered by PersonaBubble.com and/or the OPP Group by use of the Service and/or any other functions of the PersonaBubble.com website, including Personal Data.
“Information” means any data, facts and other information about you, and other Users, including actions you take, and includes Data and Personal Data.
“OPP Group” means the group of companies which are subsidiaries of, or affiliated to, OPP Limited, including IPAT, Inc., OPP Denmark ApS and OPP Limited, together with any other companies bought or set up by either OPP Limited or IPAT, Inc. in the future.
“PersonaBubble.com” means PersonaBubble.com together with the Service and any other functions, which the OPP Group owns and controls.
“Personality” means a person’s preferred or most typical style of behaviour; PersonaBubble.com assesses Personality through self-reported answers on a psychometric personality questionnaire but also through ratings of the User by other Users.
“Personal Data” means all data gathered by PersonaBubble.com relating to a person who can either be indentified by such data or who can be identified by such data and other information which is in the possession of PersonaBubble.com; such Personal Data may include responses to Questionnaires; scores derived from the responses to Questionnaires; personal details about the User (e.g. age, gender); comments made by the User about the Personality of other Users (e.g. friends/contacts); or comments made by other Users about the Personality (or other aspects) of the User.
“Questionnaire” means a series of questions, in the form of a self-reported assessment made available to you via the Service, designed to be answered by the User according to a standard rating scale to assess Personality and/or interests, motivations and lifestyle choices.
“Service(s)” means the PersonaBubble.com service for the electronic delivery, administration and scoring of Questionnaires, and any ancillary services available via the PersonaBubble.com website or any successor to such website, together with any other service or function related thereto and available through the PersonaBubble.com website.
“User” means an individual who is registered with PersonaBubble.com to use the Service or to use or purchase all or some of the Questionnaires or other functions provided via the PersonaBubble.com website, (and whose account has not been suspended or terminated); a User may use certain core features of PersonaBubble.com for free, but may also be a purchaser of any paid-for features of PersonaBubble.com.
1.2 The headings in this Acceptable User Policy are for convenience, and do not affect the interpretation of the provisions.
2 Use of the PersonaBubble.com website and Service
2.1 By using PersonaBubble.com and the Service, Users undertake to use the PersonaBubble.com website and Service, and Information contained within it, only for lawful purposes. You may not use the the PersonaBubble.com website or Service:
• In any way, in any country of use, that breaches any applicable local, national or international law or regulation; is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or that commits any civil wrongdoing or civil harm;
• For the purpose of harming or attempting to harm minors or other Users or third parties in any way;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as detailed in this Acceptable Use Policy and User Guidelines;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or other form of similar solicitation (eg spam);
• To knowingly transmit, or link to, any Inappropriate Material via the PersonaBubble.com website.
For the purposes of this Acceptable Use Policy and our Terms and Conditions. “Inappropriate Material” is material, including views or opinion, that under the laws of any jurisdiction is or does any of the following: unlawful, vulgar, harassing, threatening, stalking, abusive, harmful, racist, obscene, pornographic, malicious, profane, libellous, defamatory, misleading or invasive of privacy or that otherwise violates the legal rights of others; discloses private or personal matters concerning any person; discriminatory in any form; infringes any copyright, trademark or other intellectual property rights of the OPP Group or any third party; constitutes or encourages a criminal offence; purports to be posted by someone other than the person posting; purports to be validated or authorised by someone or some body or entity when it has not been; or contains a virus, worm, trojan horse or other harmful code or contaminating or destructive features, or any other software or programs that may damage the operation of this site or a third party’s hardware or software or which may reasonably be expected to do so.
2.2 You agree not to access without authority, interfere with, damage or disrupt:
- Any part of the PersonaBubble.com website;
- Any equipment or network on which the PersonaBubble.com website is stored;
- Any software used in the provision of the PersonaBubble.com website; or
- Any equipment or network or software owned or used by any third party.
2.3 If you use PersonaBubble.com other than in accordance with this Acceptable Use Policy, we reserve the right to take any of the actions detailed in clause 9 of this Acceptable Use Policy and clause 14 of our Terms and Conditions.
2.4 You must ensure that you have suitable scanning software, firewalls and other safeguards in place to protect you from any virus or other contaminant which may affect you directly or indirectly through your use of the PersonaBubble.com website.
3. Privacy and Data Protection
3.1 The OPP Group and PersonaBubble.com respect and wish to protect the privacy of Users. You should read our Privacy Policy as it will help you understand how we use your Personal Data and other Information.
4. Conduct of Users; Content standards
4.1 You agree to use any the posting and sharing features of PersonaBubble.com only to post and receive information and material that are legal and related to the subject matter of PersonaBubble.com, Personality of Users and related matters, which are reasonably deemed appropriate. Where we, in our absolute discretion, deem information or material provided by you to not be appropriate, we reserve the right to delete it.
4.2 You agree to comply with the following content standards when using PersonaBubble.com and the Service and warrant and undertake that:
• Contributions shall:
- Be accurate, in relation to statements of fact;
- Be genuinely held and made, in relation to statements of opinion; and
- Comply with applicable laws and regulations in the UK and in any country from which they are posted; and
• Contributions shall not:
- Contain any Inappropriate Material (as referred to in clause 2.1);
- Contain any formal surveys, contests, pyramid schemes or chain letters;
- Contain any material that infringes any trademark, copyright, trade secret or other intellectual property or proprietary right of any party, including the OPP Group, or breaches any confidentiality or privacy obligations, unless you are the owner of such material or have the express written permission of the owner to post or transmit such material; or
- Give the impression that they emanate from, or are endorsed by, the OPP Group if that is not the case; and
• You shall not:
- Publish, post, upload, distribute, disseminate or circulate any Inappropriate Material;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written permission;
- Download any information, material or files posted by the OPP Group or another User that you know, or reasonably should know, cannot be legally distributed in such manner, without the OPP Group’s or the User’s, as the case may be, express written permission;
- Impersonate another User, person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary or other information or material contained in information that is posted on the PersonaBubble.com website; or
- Restrict or inhibit any other User from using and enjoying the PersonaBubble.com website.
4.3 You shall be responsible for any contributions, including posts and transmissions, you make to the PersonaBubble.com website. You may edit or remove your own contributions but not those of any other User or of the OPP Group.
4.4 The OPP Group has the right but not the obligation to monitor or moderate any contributions provided on the PersonaBubble.com website and the OPP Group shall not be responsible as author, editor or publisher of any contribution submitted. We refer you to clause 9 for Consequences of Misuse of PersonaBubble.com.
4.5 Any views or opinions expressed by contributors to the PersonaBubble.com website are those of such Users alone and do not necessarily reflect those of the OPP Group.
5. Information and material provided by the OPP Group
5.1 PersonaBubble.com provides the Service and Materials solely for your own personal use in accordance with this Acceptable Use Policy, our Terms and Conditions and our Privacy Policy . Any use other than in accordance with these shall entitle the OPP Group to take measures as set forth in clause 9 of this Acceptable Use Policy and/or clause 14 of our Terms and Conditions [hyperlink].
6. Information and Material provided by You
6.1 You should refer to clause 3 of our Privacy Policy in relation to any information or material you share with Users or add to the PersonaBubble.com website.
6.2 We reserve the right, without any obligation, to delete, edit or otherwise deal, in our absolute discretion, with any information or material or content uploaded, or otherwise submitted by you to the PersonaBubble,com website including, without limitation, video, audio, still photographs and artwork, links, embedded content, data, information, software, text and personal information.
6.3 We do not make any warranty nor assume any legal liability or responsibility for the accuracy, completeness or truth or appropriateness of any information or material posted on the PersonaBubble,com website by you or other Users and you are responsible for checking and validating such.
7. Safety of Your Personal Data
7.1 We endeavour to keep the PersonaBubble.com website and content safe for you, but we cannot guarantee it. You should read our Privacy Policy in relation to protection of your privacy and handling of your Personal Data. In order to assist to keep the PersonaBubble.com website and content safe, you undertake that you will at all times when using PersonaBubble.com, comply with the requirements of this Acceptable Use Policy and specifically you undertake that:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on PersonaBubble.com;
- You will not collect Users’ content or information, or otherwise access PersonaBubble.com using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
- You will not upload viruses or other malicious code;
- You will not solicit login information or access an account belonging to someone else;
- You will not bully, intimidate, or harass any User;
- You will not post content that is considered Inappropriate Material as set out in clause 2.1.
- You will not use PersonaBubble.com to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of PersonaBubble.com, such as a denial of service attack.
- You will not facilitate or encourage any of the above.
8. Safety of Other User’s Rights and prevention of Bullying and Harassing Behaviours
8.1 We endeavour to keep the PersonaBubble.com website and content safe for our Users, and free from bullying or harassing behaviours, but we cannot guarantee it. In order to assist to keep the PersonaBubble.com website and content safe for other Users and to prevent bullying and harassment of Users, you undertake that you will at all times when using PersonaBubble.com, comply with the requirements of this Acceptable Use Policy in relation to other User’s rights, and specifically you undertake and agree that:
- You will not post content or take any action on PersonaBubble.com that infringes or violates someone else’s rights, or constitutes, in our absolute discretion, bullying behaviour, or otherwise violates the law. For the purposes of this Acceptable Use Policy, “bullying” behaviour shall include where repeated inappropriate and/or incorrect profile ratings are applied to a User by another User, or where a description of a User if offensive or harassing or otherwise contains Inappropriate Material.
- We can remove any content or information you post on PersonaBubble.com if we believe that it violates this Acceptable Use Policy.
- If we remove your content for infringing someone else’s copyright (for example, by loading a photograph that you do not have permission to upload), and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other User or third parties’ intellectual property rights, we will disable your account when appropriate. You should refer to clause 9.
- You will not use our copyrights or or any confusingly similar marks, without our written permission.
- If you collect information from other Users, you will: obtain their consent, make it clear you (and not PersonaBubble.com) are the one collecting their information, and post a privacy notice explaining what information you collect and how you will use it.
9 Consequences of Misuse of the PersonaBubble.com website
9.1 OPP has the right, but not the obligation, to monitor and moderate contributions made to the PersonaBubble.com website and we are authorised by you in our absolute discretion, and without notice, to remove, disable access to, or amend, edit or delete any contribution which we deem, in our absolute discretion, to be in breach of this Acceptable Use Policy or otherwise inappropriate, and to remove, block or modify your use of the Service or PersonaBubble.com website for any reason we deem, in our absolute discretion, constitutes non-compliance or a violation of our policies, whether stated, implied or otherwise.
9.2 When we consider that a breach of this Acceptable Use Policy or our Terms and Conditions or our Privacy Policy has occurred, including through the posting of Inappropriate Material as set forth in clause 2.1, we may in our absolute discretion, take such action as we deem appropriate and this may result in us taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use the Services and PersonaBubble.com website, without notice;
• Immediate, temporary or permanent removal of any contribution posted on the PersonaBubble.com website;
• Issuing a warning to you;
• Suspend your account;
• Terminate your account and your right to use the service, in accordance with clause 14 of our Terms and Conditions.
• Legal action against you; or
• Disclosure of such information or material to law enforcement authorities as we reasonably deem necessary or as required by law.
9.3 If we withdraw your right to use the Services and/or the PersonaBubble.com website, we will notify you by email or at the next time you attempt to access the Service. We may also delete your account or disable your Application at any time. You should refer to clause 14 of our Terms and Conditions.
9.4 You hereby agree to indemnify the OPP Group, keep us indemnified and hold us harmless from and against any and all costs, claims, losses, damages and expenses (including reasonable legal fees) sustained or incurred by us, our affiliates or sub-contractors, directly or indirectly, in any jurisdiction, as a result of the use or misuse by you of the PersonaBubble.com website and/or the Service.
9.5 We shall fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or locate anyone contributing any information or material in breach of this Acceptable Use Policy. We exclude our liability for all action we may take in response to breaches. The actions detailed in this clause 9 are not limited and we may take other action we deem appropriate.
10 General
10.1 These Terms and Conditions, together with the Privacy Policy and Acceptable Use Policy which are supplemental to, and made a part hereof, contain the entire agreement between the parties regarding the Service, unless otherwise stated herein.
10.2 We may change this acceptable Use Policy at any time without notification to you, so please check it regularly.
10.3 If we fail to enforce, or delay enforcement of, any of this Acceptable Use Policy, it will not be considered a waiver of our rights to do so.
11 Further Information and Complaints
11.1 If you wish to raise a query or make a complaint regarding the PersonaBubble.com website or the Service, or require assistance on how to use Information or Material provided by the OPP Group, please contact:
11.2 Where we receive a complaint concerning a message or post placed on the PersonaBubble.com website, we will review the content to determine whether it complies with our content standards and Acceptable Use Policy. We will deal with any content which, in our opinion, violates our standards, in accordance with this Acceptable Use Policy. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
11.3 If you have questions about any of this Acceptable Use Policy, please contact
PersonaBubble.com
OPP Limited
Elsfield Hall
15-17 Elsfield Way
Oxford OX2 8EP
United Kingdom
Registered in England No. 2218212