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Terms and conditions

Profileheaven is an online community service that allows members to create personal homepages and communicate with other members on the site via various services.

The services offered by Profileheaven limited (“Profileheaven Limited” or “We” or “Profileheaven.com”) include the Profileheaven.com website (the “Website”), the Profileheaven 121 Chat, and any other features, content, or applications offered by Profileheaven Limited in connection with the website (collectively, the “Services”)

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with Profileheaven.com). The term "User" refers to a Visitor or a Member. You are only authorised to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance at the time of registration.

This Agreement includes the Website’s policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and Profileheaven.com's Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@profileheaven.com, Please state the subject as “Subject: Terms of Use Agreement.”

Profileheaven.com may modify this Agreement from time to time and such modification shall be effective upon posting by Profileheaven.com on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Profileheaven.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email and forum postings) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting us via the contact us page. Profileheaven.com may terminate your Membership at any time, without warning. Even after Membership is terminated.
  3. Fees. You acknowledge that Profileheaven.com reserves the right to charge for the Services and to change its fees from time to time in its discretion. If Profileheaven.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Profileheaven.com immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Non-commercial Use by Members. The Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Profileheaven.com. Illegal and/or unauthorised use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the Services.
  6. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Profileheaven.com and any Users of the Service.
  7. Proprietary Rights in Content on Profileheaven.com.
    1. Profileheaven.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Profileheaven Website. After posting your Content to the Profileheaven, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Profileheaven, you hereby grant to Profileheaven.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Profileheaven Website. The license you grant to Profileheaven.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to profileheaven.com), fully-paid and royalty-free, sublicensable), and worldwide. This license will terminate at the time you remove your Content from the Profileheaven Website. The license does not grant profileheaven.com the right to sell your Content, nor does the license grant profileheaven.com the right to distribute your Content outside of the Profileheaven Website.
    2. The Services contain Content of Profileheaven.com ("Profileheaven.com Content"). Profileheaven.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Profileheaven.com owns and retains all rights in the Profileheaven.com Content and the Services. Profileheaven.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Profileheaven.com Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
    3. The Services contain Content of Users and other Profileheaven.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
  8. Content Posted.
    1. Profileheaven.com may delete any Content that in the sole judgment of Profileheaven.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Profileheaven.com assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Profileheaven.com chooses, in its sole discretion, to monitor the Services, Profileheaven.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Profileheaven.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Profileheaven.com prior to posting and does not necessarily reflect the opinions or policies of Profileheaven.com. Profileheaven Limited makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  9. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Profileheaven.com reserves the right to investigate and take appropriate legal action against anyone who, in Profileheaven's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Profileheaven.com:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    8. promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, Adult services, advertising, or pyramid schemes and so on;
    14. includes a photograph of another person that you have posted without that person's consent; or
    15. For band profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

10.   Payment

To access the Platinum Service we require payment, this can be made by either credit card or premium rate message. There is a one off payment for 3 months or one year.

Important information regarding billing

Credit Card Payment

On subscription your card is debited the full subscription fee. It will not be debited again unless you renew.

Payment by Mobile

The payment service is provided by http://uk.impulsepay.com/, the cost is £3.50 payable by premium rate message, plus your standard network rate. If you use a pay as you go mobile, payment will be deducted immediately, if you are on contract, the amount will be added to your next bill which you pay with your usual method.

ProfileHeaven is entitled to refuse any subscription request placed by you. If your subscription request is accepted, we will confirm acceptance to you by online electronic means (confirmation) to the e-mail address you have given us on registration or in the case of mobile payment by text to your phone.

You undertake that all details you provide to us for the purpose of subscribing to the Service will be correct, that the credit or debit card or mobile phone, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any subscription. We reserve the right to obtain validation of your credit or debit card details before providing you with any Service.  We reserve the right to cancel your subscription at any time if you violate out terms of service set out in this document.

PLEASE NOTE THAT THERE WILL BE NO REFUND OF ANY SUBSCRIPTION FEES ONCE YOU SUBSCRIBE TO THE SERVICE.

The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Profileheaven.com reserves the right to investigate and take appropriate legal action against anyone who, in Profileheaven's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. Advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Profileheaven.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Profileheaven.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Profileheaven.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Profileheaven.com £25 for each such unsolicited email or other unsolicited communication you send through the Services;
    3. covering or obscuring the banner advertisements on your personal profile page, or any Profileheaven.com page via HTML/CSS or any other means;
    4. any automated use of the system, such as using scripts to add points;
    5. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
    6. attempting to impersonate another Member or person;
    7. for band profiles, copying the code for your Profileheaven Media Player and embedding it into other profiles or asking other Members to embed it into their profiles;
    8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    9. selling or otherwise transferring your profile;
    10. using any information obtained from the Services in order to harass, abuse, or harm another person; or
    11. Using the Services in a manner inconsistent with any and all applicable laws and regulations.

 

  1. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Profileheaven.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Profileheaven.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Profileheaven.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: facsimile: +44 (0) 1915878168 Attn: Copyright Agent; and email: copyrightagent@symbiosgroup.co.uk.
  2. Member Disputes. You are solely responsible for your interactions with other Profileheaven.com Members. Profileheaven.com reserves the right, but has no obligation, to monitor disputes between you and other Members and may intervene at any time.
  3. Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  4. Disclaimers. Profileheaven.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on Profileheaven.com may contain links to other websites. Profileheaven.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Profileheaven.com. Inclusion of any linked website on Profileheaven.com does not imply approval or endorsement of the linked website by Profileheaven.com. When you access these third-party sites, you do so at your own risk. Profileheaven.com takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Profileheaven.com is not responsible for the conduct, whether online or offline, of any User of the Services. Profileheaven.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or Member communication. Profileheaven.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Profileheaven.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Profileheaven.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Profileheaven.com cannot guarantee and does not promise any specific results from use of the Services.
  5. Limitation on Liability. IN NO EVENT SHALL PROFILEHEAVEN.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PROFILEHEAVEN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROFILEHEAVEN.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PROFILEHEAVEN.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
  6. U.S. Export Controls. Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
  7. Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the United Kingdom without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the United Kingdom. Either Profileheaven.com or you may demand that any dispute between Profileheaven.com and you arising out of this Agreement must be settled by arbitration.
  8. Indemnity. You agree to indemnify and hold Profileheaven.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes Profileheaven.com to be liable to another.
  9. Other. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Profileheaven.com regarding the use of the Services. The failure of Profileheaven.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Profileheaven.com is a trademark of Profileheaven Limited. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

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