Terms of Use
Effective Date. March 26th, 2021
Definitions.Persona” means Ticket to the Moon, Inc. a Delaware corporation with its address at 187 E.
Warm Springs Rd., Suite B495, Las Vegas, Nevada 89119. “PERSONA Content” means content owned or
licensed by PERSONA. “Persona Parties” means Persona together with its employees, managers, officers
or agents. “Service” means the Persona service, or any applications (including mobile applications) made
available by Persona. “Terms of Use” means these terms of use, as they may be amended from time to
time by Persona in its discretion pursuant to the terms hereof. “You” means you, the user of the Service.
“Your Content” means any images, graphics, photos, audio and video clips, sounds, and other content or
materials that you create on, upload to, or stylize using the Service.
Service Age Restriction. You must be at least 13 years old to use the Service.
Your Obligations. If you use the Service, you agree to do each of the following: (a) comply with all laws,
rules and regulations (for example, federal, state, local and provincial) applicable to your use of the
Service and Your Content, including but not limited to, copyright laws; and (b) be fully responsible for
your conduct and Your Content on the Service.
Restrictions on Use. You may not engage in any of the following in connection with your use of the
Service: (a) use the Service for any illegal or unauthorized purpose; (b) use Persona Content in
combination with Your Content in a pornographic, defamatory, or deceptive context, or in a manner
that could be considered libelous, obscene, or illegal; (c) portray any person depicted in Persona
Content in a way that a reasonable person would find offensive, including but not limited to (i) in
connection with pornography, adult videos, adult entertainment venues, escort services, dating
services, or the like, or (ii) engaging in immoral or criminal activities; (d) use the Service for commercial
purposes; (e) infringe upon any third party’s trademark or other intellectual property right, or give rise
to a claim of deceptive advertising or unfair competition; (f) interfere with or disrupt the Service or
servers or networks connected to the Service, including by transmitting any worms, viruses, spyware,
malware or any other code of a destructive or disruptive nature; (g) inject content or code or otherwise
alter or interfere with the way any Persona page is rendered or displayed in a user’s browser or on a
user’s device; or (h) access or collect data from our Service using automated means or attempt to access
data you do not have permission to access.
Service Interruptions and Availability. There may be occasions when the Service will be interrupted or
unavailable, including, without limitation, for scheduled maintenance or upgrades, for emergency
repairs, or due to failure of telecommunications links and/or equipment. Persona shall have no liability
for any such interruptions.
Termination or Modification of Service. Persona reserves the right, in its sole discretion, to modify or
terminate the Service, or your access to the Service, for any reason, without notice, at any time, and to
refuse access to the Service to anyone for any reason at any time. If Persona terminates your access to
the Service, Your Content will no longer be accessible to you. Upon termination, all licenses and other
rights granted to you in these Terms of Use will immediately cease. Persona will not be liable to you for
any modification, suspension, or discontinuation of the Service, or for the loss of Your Content.
Territorial Restrictions. Persona reserves the right to limit the availability or scope of the Service or any
portion of the Service, to any person, geographic area, or jurisdiction, at any time and in its sole
discretion.
Intellectual Property Ownership of Your Content. Persona does not claim ownership of Your Content
that you upload to or stylize through the Service.
Royalty- Free License. You hereby grant to Persona a non-exclusive, fully paid and royalty-free,
transferable, sub-licensable, worldwide license to use Your Content to provide our Service, subject to
the Privacy Policy.
Representations and Warranties. You represent and warrant to Persona that: (a) you own Your Content
or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (b) you agree
to pay for all royalties, fees, and any other monies owed for Your Content, as stylized through the
Service, as applicable; (c) you are at least 13 years old; (d) you have the legal right and capacity to enter
into these Terms of Use in your jurisdiction; and (e) if you are using the Service on behalf of a legal
entity, you are authorized to enter into an agreement on behalf of that legal entity.
Persona Content. The Service contains Persona Content. Persona Content is protected by copyright,
trademark, patent, trade secret and other laws, and, as between you and Persona, Persona owns and
retains all rights in the Persona Content and the Service. You will not remove, alter or conceal any
copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying
the Persona Content and you will not reproduce, modify, adapt, prepare derivative works based on,
perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Persona
Content.
Third Party Content. The Service may provide you with access to Persona Content such as photographs,
drawings, images, animations, videos and other audio/ visual representations to stylize Your Content,
which are licensed by Persona from a third-party (e.g., Shutterstock). Any use of such third-party
Persona Content by you shall be governed by the additional terms and conditions imposed by the third-
party.
Persona Trademarks and Service Marks. The Persona name and logo are trademarks of Persona, and
may not be copied, imitated or used, in whole or in part, without the prior written permission of
Persona. In addition, all custom graphics and fonts used on the Service are service marks, trademarks
and/or trade dress of Persona, and may not be copied, imitated or used, in whole or in part, without
prior written permission from Persona.
Removal of Content. Persona reserves the right to remove Your Content from the Service for any
reason, without prior notice. Content removed from the Service may continue to be stored by Persona,
including, without limitation, in order to comply with certain legal obligations, but may not be
retrievable without a valid court order. You agree that you will not rely on the Service for the purposes
of backup or storage of Your Content.
Feedback. You are under no obligation to give Persona any ideas, suggestions, comments or other
feedback related to the Service or the business or operations of Persona. If you share ideas, suggestions,
comments, or other feedback with Persona, Persona will own such idea, suggestion, comment or
feedback. You hereby assign all of your right, title, and interest in such idea, suggestion, comment, or
feedback to Persona and agree that Persona will be free to use and implement same, without restriction
or obligation of any kind, without, however, any obligation to do so.
Third Parties. Persona does not warrant, endorse, guarantee, or assume responsibility for any product
or service advertised or offered by a third party through the Service or any hyperlinked website or
featured in any banner or other advertising, and Persona will not be a party to or in any way be
responsible for monitoring any transaction between you and third- party providers of products or
services. Persona is not responsible for the actions, content, information, or data of third parties, and
you release the Persona Parties from any claims and damages, known and unknown, arising out of or in
any way connected with any claim you have or may have against any such third parties.
Disclaimer of Warranties. The Service, including, without limitation, Persona Content, is provided on an
“as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, Persona makes
no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a)
the Service; (b) the Persona Content; (c) Your Content; or (d) security associated with the transmission
of information to Persona or via the Service. Persona hereby disclaims all warranties, express or implied,
including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-
infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer
virus. Persona does not represent or warrant that the Service will be error-free or uninterrupted; that
defects will be corrected; or that the Service or the server that makes the Service available is free from
any harmful components, including, without limitation, viruses. Persona does not make any
representations or warranties that the information (including any instructions) on the Service is
accurate, complete, or useful. Persona makes no representations that the Service is appropriate or
available for use in all locations. If you access or use the Service from jurisdictions prohibiting such use,
you do so at your own volition and are responsible for compliance with local law. You acknowledge that
your use of the Service is at your sole risk. Some jurisdictions limit or do not allow the disclaimer of
implied or other warranties so the above disclaimer may not apply to you to the extent such
jurisdiction’s law is applicable to you and these Terms of Use.
Limitation of Liability; Waiver. Under no circumstances will the Persona Parties be liable to you for any
loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary,
special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
(a) the Service; (b) the Persona Content; (c) Your Content; (d) your use of, inability to use, or the
performance of the Service; (e) any action taken in connection with an investigation by the Persona
Parties or law enforcement authorities regarding your or any other party’s use of the Service; (f) any
action taken in connection with copyright or other intellectual property rights; (g) any errors or
omissions in the Service’s operation; or (h) any damage to any user’s computer, mobile device, or other
equipment or technology including, without limitation, damage from any security breach or from any
virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission,
computer line or network failure or any other technical or other malfunction. This limitation of liability
includes, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage,
accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Persona
Parties have been advised of or should have known of the possibility of such damages, whether in an
action of contract, negligence, strict liability or tort (including, without limitation, whether caused in
whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the
Service). In no event will the Persona Parties be liable to you or anyone else for loss, damage or injury,
including, without limitation, death or personal injury. Some states do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to
you. In no event will the Persona Parties’ total liability to you for all damages, losses or causes or action
exceed One Hundred U.S. Dollars ($100.00). Waiver. By accessing the Service, you understand that you
may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in
accordance with such waiver, you acknowledge that you have read and understand, and hereby
expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any
state or territory, which provides as follows: “A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor.”
Indemnification. You (and also any third party for whom you operate an account or activity on the
Service) agree to defend (at Persona’s request), indemnify and hold the Persona Parties harmless from
and against any claims, liabilities, damages, losses, and expenses, including without limitation,
reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following
(including as a result of your direct activities on the Service or those conducted on your behalf): (a) Your
Content or your access to or use of the Service; (b) your breach or alleged breach of these Terms of Use;
(c) your violation of any third-party right, including without limitation, any intellectual property right,
publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations,
codes, statutes, ordinances or orders of any governmental and quasi- governmental authorities,
including, without limitation, all regulatory, administrative and legislative authorities; or (e) any
misrepresentation made by you. You agree to cooperate as fully required by Persona in the defense of
any claim. Persona reserves the right to assume the exclusive defense and control of any matter subject
to indemnification by you, and you will not in any event settle any claim without the prior written
consent of Persona.
About these Terms of Use Acceptance. By accessing or using the Service, however accessed, you agree
to be bound by these Terms of Use. The Service is owned or controlled by Persona. These Terms of Use
affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do
not access or use the Service.
Violation. Violation of these Terms of Use may, in Persona’s sole discretion, result in a ban of Persona
usage. You understand and agree that Persona cannot and will not be responsible for Your Content
(defined below) on the Service and you use the Service at your own risk. If you violate the letter or spirit
of these Terms of Use, or otherwise create risk or possible legal exposure for
Persona, Persona can stop providing all or any part of the Service to you.
Special Terms. There may be times when Persona offers a special feature that has its own terms and
conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special
feature control to the extent there is a conflict with these Terms of Use.
Modification of Terms of Use. Persona reserves the right, in its sole discretion, to change these Terms
of Use (“Updated Terms”) from time to time. Persona may notify you of the Updated Terms by posting
them on the Service, and your use of the Service after the effective date of the Updated Terms
constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of
posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the
Service from that point forward. These Terms of Use will govern any disputes arising before the effective
date of the Updated Terms.
Dispute Resolution. These Terms of Use are governed by and construed in accordance with the laws of
the State of Delaware, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY
NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS, IF OTHERWISE APPLICABLE. You agree to resolve any dispute you have with Persona
exclusively in a state or federal court located in San Francisco, California, and to submit to the personal
jurisdiction of the courts located in San Francisco County for the purpose of litigating all such disputes.
You agree that any claim you may have arising out of or related to your relationship with Persona must
be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Entire Agreement. These Terms of Use, together with the Privacy Policy, constitute the entire
agreement between you and Persona and govern your use of the Service, superseding any prior
agreements between you and Persona.
Assignment. You will not assign the Terms of Use or assign any rights or delegate any obligations
hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written
consent of Persona. Any purported assignment or delegation by you without the appropriate prior
written consent of Persona will be null and void. Persona may assign these Terms of Use or any rights
hereunder without your consent.
Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction to be
invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed
severable from these Terms of Use and will not affect the validity and enforceability of the remaining
provisions, and the remaining provisions of the Terms of Use remain in full force and effect.
No Waiver. Persona’s failure to insist upon or enforce strict performance of any provision of these
Terms of Use will not be construed as a waiver of any provision or right. No waiver of any term of these
Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term
or condition.