This is a legal agreement ("Agreement") between you and 16Personalities.Com, the administrator of which can be contacted at 16personalities@gmail.com. By accessing the 16personalities.com website (the "Website"), you agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Website. The Website may not be used where prohibited by law. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE WEBSITE OR ANY OF THE SERVICES OFFERED BY THE WEBSITE.
16Personalities.Com reserves the right to cease offering any of its services. 16Personalities.Com shall have no liability for any unavailability of the Website or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers or the Internet infrastructure and network external to the Website.
This Agreement is subject to change by 16Personalities.Com in its sole discretion at any time, with or without notice. Continued access by you of the Website constitutes your agreement with these revisions. 16Personalities.Com reserves the right, in its sole discretion, to refuse service, terminate accounts, and/or remove or edit any content or service provided on the Website.
Minimum Age. You must be at least 18 years old to use the Website (or the age of majority in your jurisdiction, if it is older). By using the Website, you represent and warrant that you are at least 18 years old.
Criminal History. By requesting to use, registering to use, and/or using the Website, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. 16PERSONALITIES.COM DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS.
You acknowledge and agree that you are using the Website at your own risk, and assume all risk when using the Website, including but not limited to all of the risks associated with any interactions with other individuals or entities you come in contact with as a result of the use of Website.
As a user of the Website, you agree to the following:
1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 16Personalities.Com is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
2. Geographic Limitations. The Website is intended for use in Lithuania. You will only use the Website in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Registration for, and use of, the Website are void where prohibited. To the extent that the Website are not legal in your jurisdiction, you may not use the Website.
3. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Website; (ii) the information and content you post, transmit, publish, or otherwise make available through the Website; and (iii) your interactions with other users through the Website.
4. Reporting of Violations. You will promptly report to 16Personalities.Com (at 16personalities@gmail.com or using the internal "Contact the Administrator" function) any violation of the Agreement by others.
5. Content Removal. 16Personalities.Com has no obligation, but reserves the right, to monitor the information you submit to the Website. 16Personalities.Com will have the right to remove any such information, in its sole discretion.
6. Posting Restrictions. You will not post on the Website, send to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Website or through the Website, that:
1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Website;
3. is defamatory, inaccurate, abusive, obscene, offensive, sexually oriented or otherwise objectionable;
4. contains others' copyrighted content without obtaining permission first;
5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
6. promotes or enables illegal or unlawful activities;
7. intended to defraud or deceive other users of the Website;
8. contains viruses or other harmful, or disruptive codes, components or devices;
9. promotes or solicits involvement in or support of a political platform, religion, or cult;
10. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
11. is meaningless or otherwise intended to annoy or interfere with others' enjoyment of the Website;
12. impersonates, or otherwise misrepresents connection with, any person or entity;
13. solicits gambling or engages in any gambling or similar activity;
14. uses scripts or other automated technology to access the Website;
15. uses the Website for chain letter or spam e-mails;
16. collects or solicits personal information about anyone under 18; or
17. is in any way used for or in connection with spamming, phishing, trolling, or similar activities.
7. No False Information. You will not provide inaccurate, misleading or false information to 16Personalities.Com or to any other user, and promptly notify 16Personalities.Com if information provided previously becomes inaccurate, misleading or false.
8. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Website. You will not use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited e-mail or other unsolicited communications to the users of this Website, you acknowledge that you will have caused substantial harm to 16Personalities.Com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay 16Personalities.Com US$100.00 for each such unsolicited communication you send.
9. Unique Profile. You will create only one unique profile. In addition, you may not use the Dating section of the Website for purposes other than bona fide relationship-seeking (for example, you may not collect information about singles in a specific country for research purposes). 16Personalities.Com reserves the right to create test profiles.
10. No Harassment. You will not harass, intimidate or threaten any 16Personalities.Com employees or agents.
11. You hereby acknowledge and agree that 16Personalities.Com is the owner of highly valuable proprietary information. 16Personalities.Com owns and hereby retains all proprietary rights in the Website. All materials published on the Website are protected by copyright laws, and may not be republished, resold, distributed, reproduced, transmitted, displayed, broadcast, or otherwise exploited in any manner without the express written permission of 16Personalities.Com.
12. You expressly may not republish, resell, distribute, reproduce, transmit, display, broadcast, link to, or otherwise exploit in any manner any material on the Website that costs a fee to access. Furthermore, you may not use, copy, reproduce, recompile, decompile, disassemble, reverse engineer, modify, create derivative works from, frame, sell, license or in any way exploit any personality tests available on the Website. If you breach the terms of this subsection, you acknowledge that you will have caused substantial harm to 16Personalities.Com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay 16Personalities.Com US$100.00 for each individual who would have been able to use or access material or personality tests mentioned in this subsection.
13. 16Personalities.Com reserves the right, in its sole discretion, to charge fees for its services or materials, and to change those fees at any time without reservation, limitation or prior notice. 16Personalities.Com makes no guarantee of satisfaction with the purchased services or materials. In the event of technical or unforeseen problems that prevent a customer's successful receipt of a purchased materials, all reasonable efforts will be made by 16Personalities.Com to provide the purchased materials. By purchasing services or materials from 16Personalities.Com you agree to make all reasonable efforts to solve any problems preventing the successful receipt of those services or materials. Receipt of the services or materials is complete when you are redirected to the page with the download link after the checkout.
14. Other Users' Information. Other users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, display, modify, publish, transmit, distribute, perform, commercially use, or sell any 16Personalities.Com or third party proprietary information available via the Website.
15. License to Posted Content. By posting information to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to 16Personalities.Com and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
16. User Information.
1. Disclosure By Law. You acknowledge and agree that 16Personalities.Com may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend 16Personalities.Com's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
2. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement, 16Personalities.Com reserves the right, but has no obligation, to disclose any information that you submit to the Website, if in its sole opinion, 16Personalities.Com suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Information may be disclosed to authorities that 16Personalities.Com, in its sole discretion, deems appropriate to handle such disclosure. You hereby acknowledge and agree that 16Personalities.Com is permitted to make such disclosure.
3. Use of Anonymous Information. By using the Website, you agree to allow 16Personalities.Com to anonymously use the information from you and your experiences through the Website.
17. Links to other Websites.
16Personalities.Com is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. The inclusion of any link does not imply that 16Personalities.Com endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or any dealings with individuals or entities found on or through the Website are solely between you and such individuals or entities. You agree that 16Personalities.Com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of third party materials on the Website.
18. Disclaimer of Warranty.
1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 16PERSONALITIES.COM PROVIDES THE SERVICES 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 SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 16PERSONALITIES.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. 16PERSONALITIES.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. 16PERSONALITIES.COM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE OR THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN 16PERSONALITIES.COM. UNDER NO CIRCUMSTANCES WILL 16PERSONALITIES.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR ANY OTHER CONTENT POSTED ON THE SITE OR THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS. THE SITE AND ALL CONTENT ON IT ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT AS APPLIED TO ANY PARTICULAR CONDITION OR SITUATION AND THE INFORMATION CONTAINED HEREIN IS NOT INTENDED TO PROVIDE INSTRUCTIONS ON THE USE OF ANY PRODUCTS. PLEASE DO NOT USE OR RELY ON THIS SITE OR ITS CONTENT AS A SUBSTITUTE FOR THE EXPERTISE AND JUDGMENT OF A PSYCHIATRIST, PHYSICIAN, PHARMACIST OR OTHER HEALTH CARE PROFESSIONAL. FOR MEDICAL ADVICE AND TREATMENT, CONSULT YOUR OWN PHYSICIAN OR AN APPROPRIATE HEALTH CARE PROFESSIONAL. THIS SITE MAY PROVIDE LINKS OR REFERENCES TO OTHER SITES AND CERTAIN MATERIAL ON THIS SITE IS POSTED OR PROVIDED BY OTHERS. WE MAKE NO REPRESENTATIONS ABOUT THE QUALITY, ACCURACY, LEGALITY OR USEFULNESS OF SUCH INFORMATION OR THE RESULTS THAT MAY BE OBTAINED FROM IT, NOR DOES IT IMPLY ANY ENDORSEMENT OF THE MATERIAL ON THEM. INFORMATION ON THIS SITE MAY BE CHANGED OR UPDATED BY SITE ADMINISTRATORS AT ANY TIME. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THIS SITE AND THE CONTENT AVAILABLE ON OR THROUGH IT.
2. Third Party Content. Any information or content made available through the Website, but not directly by 16Personalities.Com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
19. Limitation of Liability.
1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL 16PERSONALITIES.COM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF 16PERSONALITIES.COM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL 16PERSONALITIES.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNT OF US$5.00 OR ITS EQUIVALENT.
2. No Liability for non-16Personalities.Com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 16PERSONALITIES.COM BE LIABLE FOR ANY 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
20. Indemnification.
You agree to indemnify, defend and hold harmless 16Personalities.Com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of (a) your use of or inability to use the Website, (b) any information sent by you to the Website, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. 16Personalities.Com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 16Personalities.Com in asserting any available defenses.
21. Complaints / Law Enforcement Contact.
For any complaints regarding the Website, please e-mail at 16personalities@gmail.com. Law enforcement officials may send correspondence to 16Personalities.Com via e-mail at 16personalities@gmail.com.
22. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Website and will remain in effect in perpetuity unless terminated hereunder. Either you or 16Personalities.Com may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending notice to the other party by post or electronic correspondence. 16Personalities.Com reserves the right to immediately suspend or terminate your access to the Website, or remove your data from the Website, without notice, for any reason or no reason, in its sole discretion.
23. General Provisions.
1. Controlling Law and Jurisdiction. You agree that Lithuanian law (without giving effect to its conflicts of law principles) will govern this Agreement and the Website, and that any dispute arising out of or relating to this Agreement or the Website will be subject to the exclusive jurisdiction and venue of the courts in Lithuania. You acknowledge and agree that any violation of this Agreement may cause 16Personalities.Com irreparable harm, and therefore agree that 16Personalities.Com will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that 16Personalities.Com may have for a breach of this Agreement.
2. Miscellaneous. This Agreement comprises the entire agreement between you and 16Personalities.Com regarding the use of the Website, superseding any prior agreements between you and 16Personalities.Com related to your use of this Website. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Website. The failure of 16Personalities.Com to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or this Agreement must be filed within one (1) week after such claim or cause of action arose or be forever barred. The section titles in this Agreement have no legal or contractual effect.
24. Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify 16Personalities.Com's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Website;
4. Information reasonably sufficient to permit 16Personalities.Com to contact you, including the e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
DMCA Enquiries
16personalities@gmail.com
25. Privacy policy
Third party vendors, including Google, may use cookies to serve ads based on your prior visits to this website.
Google's use of the DART cookie enables it and its partners to serve ads to you based on your visits to this website and/or other sites on the Internet.
You may opt out of the use of the DART cookie by visiting the advertising opt-out page.
17. Revision Date.
This Agreement was last revised on 21 March 2013.