Terms of Use

1 Acceptance of Terms

This website (the “Site”) is operated by profiled.com (“we”, “us”, “our”). Your access to and use of the Site is subject exclusively to these terms and conditions (the “Terms of Use”). Please read these Terms of Use carefully. If you do not accept them in full you will not be entitled to use the Site. By using the Site, you are fully accepting these Terms of Use of which our Privacy Policy and Acceptable Use Policy forms a part.

We may amend these Terms of Use at any time by posting the amended Terms of Use on the Site. Your continued use of the Site following any changes shall be deemed to be your acceptance of such changed Terms of Use.

2 Definitions

2.1 The following words shall have the following meanings:

Content” means any content or material, whether of an audio or visual nature and including but not limited to words, pictures, blogs, comments, biographies, case studies, programmes and podcasts displayed on, by or via the Site;

Intellectual Property” means all intellectual property rights including, without limitation, patents, designs copyright, trade marks, database rights, rights in and to confidential information and know-how (whether such rights are registered or capable of registration) and any rights analogous to the same subsisting anywhere in the world at any time;

Post(ed)(ing)” means posting, publishing, sharing, transmitting, storing and uploading and any other such action of a similar nature.

3 Use of the Site

3.1 In order to use the Site you must comply in full with the terms of our Acceptable Use Policy. Please read this carefully.

3.2 You must be at least 18 years of age to use the Site. Use of the Site by anyone under the age of 18 is a breach of these Terms of Use. In case of such breach:

  • (a) we will be forced to terminate your account and your access to the Site without notice; and

  • (b) we will not refund any payments made by you.

3.3 You warrant and undertake:

  • (a) that all your personal and, where applicable, organisation details are and shall at all times be true and accurate;

  • (b) to not use the Site in any unlawful manner or in any manner that could disable, damage or be otherwise harmful to the Site or any part thereof; and

  • (c) that you shall be solely responsible and liable for all Content you Post to or via the Site.

4 Provision of the Site

4.1 We agree that we shall provide the Site using reasonable skill and care. However, we do not warrant that the Site will be continuously available or have an internet presence at all times and we shall not be responsible or liable in any way for any costs and/or inconveniences caused by the Site at any time being unavailable.

4.2 We may at any time and without prior notice to you, suspend, restrict or withdraw your access to the Site, in whole or in part, either on a permanent or temporary basis in circumstances including but not limited to where we deem you to have breached our Terms of Use or to be acting in a manner so as to bring the Site into disrepute or for any other reason.

4.3 We do not represent or warrant that the Site or any of the Content on the Site is reliable, complete, current or error-free or that it is free of viruses or other harmful components and you should ensure that you exercise caution in the access and use of any Content or other such information, material or software from the Site.  Any such access, use, downloading or other means of obtaining Content or other material from or through the Site by you is at your own discretion and risk.

4.4 Where links to third party websites form part of the Content, we shall not be responsible and shall not accept any liability for the accuracy, reliability and/or content of the linked website or any link contained in a linked website. To the fullest extent permitted by law, we shall not be liable for any loss or damage arising from your use of any such linked website.

4.5 We shall be entitled at any time to remove or change the Site or any part thereof, including without limitation any Content or other material on the Site which we deem to constitute a breach of the Terms of Use or for any other reason.

4.6 Each individual is responsible for the validity of their own information, and, as such, you acknowledge that we do not monitor the Content of the Site. However where you notify us through the Report this Page function, by email or in writing regarding Content on the Site which is not in accordance with our Terms of Use, we will review the Content in question and where we, in our sole discretion, deem it necessary or desirable, we shall remove or alter the relevant Content so that it complies with our Terms of Use.

4.7 You acknowledge that it is your responsibility to back up any Content or other material Posted on the Site and we will not be responsible for any loss arising from the loss of that data.

5 Intellectual Property and Data

5.1 You warrant that any Content generated or otherwise created by you or on your behalf which is Posted or at any time displayed on the Site (“User Generated Content”) is owned by you and that you are fully entitled to Post such Content and that the Posting of such Content will not violate the rights (including without limitation Intellectual Property rights) of any third party or any applicable laws.

5.2 We acknowledge that the ownership in respect of any User Generated Content remains with you, however you hereby grant us a worldwide, non-exclusive, sub-licensable, royalty-free, perpetual licence to use, adapt, publish, translate, copy, distribute and display the User Generated Content or any part thereof.

5.3 You acknowledge that any and all Intellectual Property in or relating to our business, the Site and any non-User Generated Content belongs solely to us and/or our licensors, as applicable, and shall remain entirely in such ownership, including without limitation the Site design, text, graphics and all software and source codes connected with the Site. Nothing said or done by either party shall constitute the transfer of any such rights. No permission is given by us for use by you or by any third party of any Intellectual Property in the Site, including without limitation any non-User Generated Content, which may constitute an infringement of our Intellectual Property rights or the rights of any third party. You acknowledge and agree that you shall not at any time use any of our or our licensors' trade marks, whether registered or unregistered and including without limitation trade names, graphics and/or logo(s), without our prior written consent, such consent to be given at our sole discretion.

5.4 You agree that none of the Intellectual Property in the Site, including without limitation Intellectual Property in the non-User Generated Content, may be downloaded, copied, reproduced, transmitted, stored, sold or distributed in any way without our prior written consent.

6 Privacy Policy

6.1 Our Privacy Policy forms a part of these Terms of Use and contains information regarding the collection, use, and sharing of personal information provided in connection with the use of the Site, which you should read carefully before using such services.

7 Disclaimers and Limitations of Liability

7.1 The Site is provided on an 'as is' basis and we do not make any representations or warranties as to the accuracy, completeness or suitability of the Site and/or Content for any purpose. We are not responsible for any loss or damage arising from the use of the Site, including without limitation in respect of any Content and/or any User Generated Content and any inaccuracy, misleading statement or representation made by any third party information or third party website links published on this Site. Except as expressly set out in these Terms of Use, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded.

7.2 We cannot and do not provide any warranty or guarantee as to the identity or details of a Member or any other third party accessing or detailed on the Site. The Content does not constitute advice in any way and you use the Site at your own risk. We strongly advise that you check thoroughly any details supplied on the Site, including without limitation any details of qualifications supplied on or in connection with the Site, before relying upon the information and/or incurring any costs and/or entering into any agreement with a third party.

7.3 We give no warranty regarding the functionality of the Site including without limitation that the Site will be available on an uninterrupted or error free basis; that defects will be corrected; or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive and no liability can be accepted in respect of losses or damages arising out of such.

7.4 You shall be responsible for monitoring all Content Posted on the Site by you and shall ensure that any and all such Content complies with these Terms of Use. You acknowledge and agree that although we provide an Acceptable Use Policy for you and all third parties accessing and/or using the Site regarding conduct, use and Postings on the Site, we do not control and are not responsible for any Content on the Site and we are not responsible for any content which contravenes our Acceptable Use Policy that has not been removed from the Site for whatever reason and which you or any third party may encounter on or in connection with the Site.

7.5 Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from our negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.

7.6 Subject to clause 7.5;

  • (a) We shall not be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and

  • (b) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to:

    • (i) where you are not a Member of the Site, to £1; or

    • (ii) where you are a Member of the Site and:

      • (A) no fees have been paid by you in the year preceding the date on which the default occurs, to £1; or

      • (B) you have paid fees in the year preceding the date on which the default occurred, to the value of the fees paid by you in the preceding year.

7.7 You agree to indemnify us and keep us indemnified in full against all liability, costs, claims, damages and expenses incurred by or awarded against us that arise directly or indirectly from your failure to comply with these Terms of Use.

8 Paid Services and Subscription Services

8.1 You agree to pay the fees for any Paid Services ordered at the rate specified on the Site at the time that the services are ordered and for Subscription Services at the rate specified on the Site as they become due.

8.2 Fees are payable in advance by credit card or Paypal and include applicable sales taxes.

8.3 No cancellations or refunds will be accepted after the services have been ordered.

9 Termination

9.1 If you no longer wish for User Generated Content which you have created to be displayed on the Site and wish to terminate your registration to the Site then you may do so by following the 'Cancel Account' procedure within the My Account section of the Site. Upon termination no refunds will be made of any fees paid by you, irrespective of whether such fees have been paid in advance.

9.2 On cancellation of your account, we will use reasonable endeavours to delete your profile and it will be removed from the search facility and further access to the Site will be denied without re-registration. Any Posting in open user forums and/or in discussions open to members will remain on the Site in order that other users may follow the discussion thread.

10 General Provisions

10.1 Each provision of these Terms of Use is severable and distinct from the others and if any provision is or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, it shall to that extent or in those circumstances be deemed not to form part of these Terms of Use, but the validity, legality and enforceability of all other provisions of these Terms of Use shall not otherwise be affected or impaired, it being the Parties' intention that every provision of these Terms of Use shall be and remain valid and enforceable to the fullest extent permitted by law.

10.2 No variation of these Terms of Use shall be effective unless it is in writing, refers specifically to these Terms of Use and is executed by a duly authorised representative of each party.

10.3 These Terms of Use, including the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between the parties. Each party warrants to the other that, in entering into this Agreement, it does not rely on any statement, representation, assurance, promise or warranty of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement. Neither party excludes its liability for fraudulent misrepresentation.

10.4 Where we reserve a right to act in these Terms of Use it remains at our sole discretion when and whether to exercise that right.

10.5 You covenant in favour of us that you will, at our request and expense, execute all documents and perform all such further acts as may be necessary or desirable to give full effect to the provisions of these Terms of Use.

10.6 You shall not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use to any third party without our prior written consent.

10.7 A person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these Terms of Use.

10.8 These Terms of Use shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Use.

11 Contact Us

11.1 If you have any queries or concerns about the Site or any material which appears on our Site, please report the content via the "Report this Page" function or email Customer Services.

Profiled.com is a trading name of Profiled Limited a company registered in England (company number 6762605) whose registered office is at 14D Joseph's Well, Hanover Walk, Leeds LS3 1AB.

Version 1.6 – last amended 28.6.12