profi.ly terms and conditions
The terms and conditions below describe the agreement applicable to your use of this site. We reserve the right to amend these terms and conditions at any time. Changes or amendments will be posted at the bottom of this page for public view and are to be considered effective 15 days from the date such changes are posted. You further agree that by accessing the profi.ly web site or utilizing the profi.ly services you agree to be bound by the terms and conditions as are in effect from time to time.
INTRODUCTION TO PROFI.LY.
Upon your use of profi.ly you will register for the service and login to configure your account. Account configuration entails providing only your unique social network identifier. Profi.ly will never ask for login credentials to any social networks that have been linked to the service. Some social networks will use a user name as a unique identifier and others will use a generated number. Details about each networks user name are provided during account configuration. For purposes of these terms and conditions, people who register for and use profi.ly are referred to as Users.
PROFI.LY PROFILE SERVICES.
When a User adds a profile listing to the profi.ly service, he or she agrees to have certain information of their social network profile(s) revealed to other profi.ly users. Directly within profi.ly, this information is limited to a Users social network unique indentifier. However, when viewing actual profile listings, more information will be made available.
profi.ly also makes no warranties regarding the accuracy of the information contained within the system. profi.ly takes reasonable measures to prevent identity spoofing, though it is impossible to ensure that every profile a User submits is accurate and/or valid. Be mindful of this fact throughout your use of the profi.ly system.
The profi.ly services are for personal use only. Any use by, or on behalf of, a commercial entity is strictly prohibited without the express written permission of profi.ly management. Please contact us for details or to request permission for a commercial use license.
INFORMATION YOU PROVIDE TO US.
Upon using the profi.ly web site, Users will be able to list profiles in order to facilitate a connection. Information provided at the time of profile submission will be stored on our website. This information will be available to other Users directly. By providing this information to us, you expressly consent to being contacted by us and our providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses provided to us, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business. [We will not spam you or sell your email address or any other personal information, but if we have to contact you, then we have to contact you.] You also consent to potentially contacted by profi.ly Users on any of the social network profiles that you have linked within profi.ly. Entering profile information is at your own risk, as we cannot actively monitor everyone who uses profi.ly, and when people visit your network profile to contact you, it's completely out of our hands. If you don't want people seeing your personal contact information, it's best not to have it on your network profile to begin with. You also promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or profi.ly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, profi.ly has the right to refuse any current or future use of the profi.ly services (or any portion thereof) by you. You are responsible for any use of the profi.ly web site and any related services we provide by persons to whom you intentionally or negligently allow access to your password.
YOUR USE OF THE PROFI.LY WEB SITE.
We reserve the right to revoke your access at any time. If it is determined or suspected by profi.ly, in its sole discretion, that you are misusing or attempting to misuse or circumvent the profi.ly web site or system, or are using or attempting to use it for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, profi.ly reserves the right, in its sole discretion, to immediately terminate your access without notice and to instigate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE DATA INCLUDING BUT NOT LIMITED TO EMAIL ADDRESS AND PROFILE INFORMATION IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INVASION OF PRIVACY RIGHTS OF OTHERS TO PROFI.LY AND ITS PARTNERS, NOT TO MENTION THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST. THERE ARE ALSO POSSIBLE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING THE WRONG PEOPLE. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A PROFILE LISTING, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO PROFI.LY FOR THEIR ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
LINKS TO THIRD PARTY SITES.
The links in the profi.ly web site will let you leave profi.ly's web site. The linked sites are not under the control of profi.ly and profi.ly is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. profi.ly is not responsible for web casting or any other form of transmission received from any linked site. profi.ly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by profi.ly of the site.
DISCLAIMER: PROFI.LY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
Users may not use profi.ly facilities and capabilities to conduct, or solicit the performance of, any illegal activity, or to conduct any other activity which infringes on the rights of profi.ly or any third party. The profi.ly service should not be used to break local city, county, state, or country law.
The User hereby agrees to hold harmless and indemnify profi.ly, and any subsidiaries or affiliates of the aforementioned, to the fullest extent authorized or permitted by law, for any legal ramifications that may, or may not, be brought against the User as a result of using the profi.ly site.
INTELLECTUAL PROPERTY RIGHTS.
Users may not upload or transmit any message, data, image or program that would violate the property rights of others. This includes the unauthorized transmission of copyrighted text, images, music, programs, or trade secrets or other confidential proprietary information, trademarks, service marks or trade names used in an infringing manner.
Users may not upload or transmit any information which is libelous or defamatory, or which violates or infringes on any right of privacy of any person.
INTERFERENCE WITH SERVICE.
There shall be no attempt to gain unauthorized access to profi.ly systems or accounts, disrupt service or network connectivity, misuse profi.ly facilities, or create fraudulent accounts or do any other unlawful act.
In the event that any virus or destructive element is found or furnished with any content, the customer will use their best efforts upon learning that such situation exists; to immediately eliminate the virus or destructive element. Users will notify profi.ly as to the existence of any such virus or destructive element immediately upon discovery thereof, and profi.ly will have the right to take any steps it deems necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.
"JUNK EMAIL" (SPAM, FLAMES, AND MAIL-BOMBS).
profi.ly servers and profi.ly-hosted domains may not be the source, intermediary, or destination address involved in the transmission of junk email, nor will they be listed in any junk email message. The use of profi.ly servers or networks to send or relay junk email is prohibited.
profi.ly defines "junk email" to be a mass unsolicited message in any medium. Violation will result in immediate termination of all services without refund. Fines and legal action may be imposed. Any customer who is repeatedly flamed/mail-bombed or attracts such behavior will be asked to leave.
profi.ly services are provided for end users only. No sub hosting or resale of any services, for fee or for free, is permitted without the express consent of profi.ly.
There are numerous federal, state and international laws regulating the use of the Internet. profi.ly will not hesitate to initiate criminal prosecution and/or cooperate with government agencies relating to abuse of profi.ly services or systems.
You acknowledge and agree that the profi.ly services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and profi.ly's sole obligation to you or any third party for any claim arising out of your use of the profi.ly services or the profi.ly Web site, is that you are free to discontinue your use of the profi.ly services or the profi.ly Web site at any time. profi.ly EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF profi.ly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. You agree to indemnify, in addition to but not in limitation of the indemnification set forth herein, profi.ly, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the profi.ly services or connection to the profi.ly Web site or your violation of the terms and conditions, or arising from your violation of any rights of a third party. The terms and conditions will inure to the benefit of profi.ly's successors, assignees and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of profi.ly to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the profi.ly services or the terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions are governed by the laws of the Commonwealth of Virginia as such laws are applied to agreements entered into and to be performed entirely in the Commonwealth of Virginia and between Virginia residents. You agree to submit to jurisdiction in Virginia and that any claim arising under these terms and conditions will be brought solely in a state or federal court located in the Henrico County, Virginia.
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