1 Acceptance of Terms
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.
(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.
4.3 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.
4.7 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.
7 Disclaimers and Limitations of Liability
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.
7.5 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.
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.
9.1 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
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