terms and conditions
These "Terms and Conditions" set forth the terms and conditions that apply to your use of the Personality Max Web Site (the "Web Site"), products and services. The Web Site is owned and operated by DreamDolphin Media, LLC, d/b/a Personality Max. The Web Site is offered to you conditioned on your acceptance of the terms contained herein. Your use of the Web Site constitutes your agreement to all such terms.
Copyrights and Trademarks
All materials contained on and generated by the Web Site not belonging to another party are copyright DreamDolphin Media, LLC. All rights reserved. No person is authorized to use, copy or distribute any portion of the Web Site or Personality Max products including, but not limited to, the assessment and personality reports.
"Personality Max", "Comprehensive Personality Report", "personalitymax.com" and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify the Web Site and the goods and/or services provided by DreamDolphin Media, LLC through the Web Site. Such marks may not be used under any circumstances without prior written authorization.
Personal and Non-commercial Use Limitation
The use of the Web Site and products provided through the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, publish, reproduce, license, create derivative works from, transfer, or sell any material including but not limited to information, images, products or services obtained from the Web Site or found in products provided through the Web Site.
Privacy and Personal Information Protection
Materials Provided to DreamDolphin Media, LLC
DreamDolphin Media, LLC does not claim ownership of the materials you provide (the "Submission") to DreamDolphin Media, LLC or post, upload, or submit to the Web Site. By posting, uploading, providing or submitting materials including, but not limited to, account information, assessment answers and images, you are granting DreamDolphin Media, LLC permission to analyze, modify and generate personalized products from your Submission. By posting a Submission, you grant DreamDolphin Media, LLC permission to use non-personally identifying information for the purposes of research and marketing. By taking the free personality test, you grant permission for the name or alias you provide and basic personality type results to be placed onto a results page and graphic which can be accessed by the public in order for you to use the optional result sharing features.
By posting a Submission, (a) you warrant and represent that you are the copyright owner of such material, or that the copyright owner of such material has granted you permission to use such material with the manner and purpose of your use and as otherwise permitted by these Terms and Conditions, (b) you agree to accept full responsibility for any problem, dispute, or legal matter directly or indirectly resulting from the use of such material by DreamDolphin Media, LLC and (c) agree not to submit information, images or material that contain nudity, violence, any type of obscenity or that is illegal or considered offensive by DreamDolphin Media, LLC.
DreamDolphin Media, LLC, under its sole discretion, reserves the right to reject, remove and modify any Submission that is deemed inappropriate.
Payments, Refunds and Assessment Retakes
The current price for the Personality Max report product is $37 USD. The user may pay a different price when using certain promo codes, referral links or gift codes/cards. Sales tax is included in price for Texas residents.
In the case of dissatisfaction with results, a reasonable effort will be made to adjust results and regenerate reports. Customers may request a refund within 30 days of purchase. The cost of the report purchase will be refunded using the currency of the original transaction. Gift code purchase and fees for currency exchange (if applicable) are non-refundable.
Assessments may be retaken and reports regenerated at the cost of the prior report paid for or the regular price (whichever is lower) except in the case that the prior report was provided at no cost to the user (as is the case with gift code/card usage).
Third-party Links and Resources
DreamDolphin Media, LLC may provide hyperlinks and references to third-party Web sites and resources, including books, as a convenience to users of the Web Site and users of Personality Max products. DreamDolphin Media, LLC does not control third-party resources and is not responsible for the contents of any third-party Web sites or resources. DreamDolphin Media, LLC does not endorse, recommend or approve any third-party Web sites or resources. DreamDolphin Media, LLC will have no liability to any entity for the content or use of the content available through such hyperlinks and resource references.
The Web Site and products provided through the Web Site contain references to persons in various forms including, but not limited to, quotations, research, researchers, authors and publications. There is no connection or affiliation between these persons and Personality Max. References to such persons do not imply an endorsement of Personality Max by them nor do the references constitute an endorsement of any person or their work by DreamDolphin Media, LLC. DreamDolphin Media, LLC is not responsible for the content or use of the content provided by persons not affiliated with Personality Max.
Spam and Abuse
You agree not to use the Web Site and services for the purposes of sending unsolicited electronic messages or any other form of spamming. You may not use the Web Site or its services to harass other persons. You agree not use offensive language in your account details or on any other area of the Web Site that allows you to submit material. You agree not to attempt to impersonate other users or staff by using similar names, account details, images or any other form of intentional deception. You agree not to share your sign in details with other users. Each account is to be used by one person.
Accounts in violation will be terminated without warning.
No Representations or Warranties; Limitations on Liability
The information and materials on the Web Site and products provided by Personality Max could include inaccuracies or typographical errors. Changes are periodically made to the information and materials contained herein. All content on the Web Site or products provided through the Web Site is offered solely for entertainment purposes. The content is not intended to be a substitute for professional psychological or health advice. Users take full personal and legal responsibility for any decisions made or actions taken based on content provided on the Web Site or products provided through the Web Site. DreamDolphin Media, LLC is not responsible for unintended consequences resulting from the use, misuse or inability to use the Web Site or products provided through the Web Site. This Web Site does not constitute an offer or contract.
DreamDolphin Media, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE OR PRODUCTS PROVIDED THROUGH THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE OR PRODUCTS PROVIDED THROUGH THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.
DreamDolphin Media, LLC does not guarantee that the Web Site and its services will be available and accessible at any time or for any length of time. DreamDolphin Media, LLC reserves the right to permanently or temporarily make the Web Site and its services unavailable or inaccessible. By using the Web Site, you agree to indemnify DreamDolphin Media, LLC and its owner(s) from any liability directly or indirectly resulting from the use or inability to use the Web Site and services.
Choice of Law; Jurisdiction
All claims arising out of the use of this Web Site shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your present state or country of residence. Any and all claims, legal proceeding or litigation brought against DreamDolphin Media, LLC in connection with the use of this Web Site will be brought exclusively in Tarrant County, Texas. You hereby irrevocably submit to the jurisdiction of such courts.
Terms and Conditions Modification
DreamDolphin Media, LLC reserves the right to change the terms and conditions under which the Web Site is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Web Site constitutes your agreement to all such terms. You can send e-mail to Personality Max with any questions relating to these Terms and Conditions by submitting the contact form at https://www.personalitymax.com/contact/.
Last Update: July 9, 2013