The present Terms of Service is a legal agreement between you and «Profiles Agency»
By concluding the present Agreement, «Profiles Agency»
exercises powers on
database product disposition on the basis of the Agreement dated August 1, 2009.
carries out all rights and obligations regarding the
database product disposition on the right holder’s behalf in full.
The database package includes data in SQL and/or CSV format, and may include associated media such as photos.
By purchasing, installing, copying, downloading, accessing or otherwise using the database products, you agree to
be bound by the terms of this Agreement.
1. THIS AGREEMENT GRANTS YOU THE FOLLOWING RIGHTS
1.1. In accordance with the terms of the present agreement and for remuneration, «Profiles Agency»
provides you with a right to use one copy of the database product. The present agreement is unexclusive (ordinary). For the granted right to use the database product you will pay «Profiles Agency»
the fee in the amount indicated on the database product page. Settlements are effected by placing an online order on the database product site or by any other convenient way previously agreed on by the Parties. The Database Product will be delivered to you as a download link, e-mail attachments or via other Internet means in 1-2 days after the payment is approved by the payment processing system and is received by «Profiles Agency»
1.2. This agreement authorizes you to install and use unlimited copies of the database product on different domain names or IP addresses.
1.3. You may use the database product for personal purposes only: for using on your sites, for making necessary modifications or adding necessary functions. Selling, licensing, giving away or otherwise distributing the database product in full or in part is prohibited. You may not use this database product, in full or any part thereof, as part of another product that you sell, license, give away, or otherwise distribute via any method.
2.1. All rights to the database product, including any data, images, photographs, animations, and text incorporated into the database product, the accompanying printed materials, and any copies of the database product, are protected by current legislation as items of intellectual property. Any customization, translation, modification, or revision of the database product does not contain a right to selling, licensing, giving away, or otherwise distributing in full or any part thereof. Creation of other products based on this database product or the usage of the data is prohibited.
2.2. For the purposes of this agreement, copyright infringement includes the acts of selling, licensing, giving away, or otherwise distributing all or any part of the data contained in this database product, or using all or any part of the database product to create derivative works. Copyright infringement for the purposes of this agreement shall also include using all or any part of the database product as part of another database that you or any subsequent party sells, licenses, gives away, or otherwise distributes via any method. Access to the data of the database product by the infringing party shall constitute proof of copyright infringement under this agreement if any of the other conditions above have been satisfied.
2.3. Copyright notices. Under all circumstances, you are prohibited from removing any of the copyright notices from the database products, whether contained in the data, within the HTML pages that the database generates or any other. Removal or alteration of said copyright notices shall constitute a material breach of this agreement. You agree that if you remove the copyright notice in violation of this section, «Profiles Agency»
shall have the option of assessing a monetary penalty against you for such violation in lieu of terminating the agreement to use the database product. However, you are allowed to remove visible copyright references such as links to the database product site.
3. LIABILITIES OF PARTIES
3.1. You agree not to disclose or divulge any information whatsoever about the database product in any printed, electronic, or other formats either now known or hereafter developed or to cause or direct any other individual, company, organization, or other entity to undertake the activities outlined above, without the prior express written consent of «Profiles Agency»
. You are not allowed to harm the reputation of the company with the purpose of resignation of requirements within the scope of this agreement. If you violate the abovementioned provisions of the given clause of the agreement you shall be held financially liable by judicial procedure in accordance with current legislation. Such financial liability is intended to compensate for damage and thus constitutes a remedy and not a penalty.
3.2. You agree to indemnify «Profiles Agency»
for all losses caused by violations of the terms of the present agreement, as well as for losses caused as a result of you transferring the data to third parties, whether or not this was done with your consent. Such third parties may include hosting companies (individuals), ISPs, your customers, business partners, or any other parties.
3.3. You agree to use due diligence to safeguard and protect the database product and all source code from non-authorized third parties.
3.4. You agree to indemnify «Profiles Agency»
for all losses that it may incur due to the theft of all or any part of the source code of the database product while in your possession.
4.1. «Profiles Agency»
provides support services for all copies of the database product. «Profiles Agency»
has a right to deny support assistance for a third-party application used with the database product which does not work due to the fault of a third party developer or due to your fault. «Profiles Agency»
reserves the right to determine the timeframe for and the amount of assistance provided. Abnormal support issues may incur additional service fees. «Profiles Agency»
has the right to request access information to files on your site and data of the database product necessary to carry out technical support. If you refuse to provide the indicated details, it may not be possible for us to render technical support.
4.2. If you cause technical issues to arise, technical support may require an additional fee.
5. TECHNICAL AND DEVELOPMENT SERVICES
5.1. «Profiles Agency»
provides technical and development services, such as installation of profiles or conversion to another format, for all copies of the database product to their clients for an extra charge. You agree to provide necessary information to ensure proper functioning of all additional services of «Profiles Agency»
that you select. «Profiles Agency»
has a right to deny provision of technical and development services for a third-party application used with the database product which does not work due to the fault of a third-party developer or due to your fault. «Profiles Agency»
reserves the right to determine the timeframe for technical and development services provided. «Profiles Agency»
has the right to request access information to files on your site and data of the database product necessary to carry out technical and development services. If you refuse to provide the indicated details, it may not be possible for us to render technical and development services.
5.2. If you cause technical and development issues to arise, technical and development services may require an additional fee.
6. OTHER CONDITIONS
6.1. Amendments. You agree that, in order to maintain the ongoing Agreement to use the database product, «Profiles Agency»
shall have the right to post reasonable amendments to this Agreement from time to time at its web sites. After such amendments are applied to the present Agreement your further use of the software product will be governed by the amendments as applied. Such amendments are necessary to protect the intellectual property rights of the right holder and may not impose additional or ongoing fees for the use of the database product other than those that you agreed to when signing the present Agreement.
6.2. You agree that it shall be your responsibility to monitor the license agreement posted online and ensure ongoing compliance with its terms. If you do not fulfil this obligation you will bear all possible risks.
6.3. You agree that «Profiles Agency»
has the right to mention your name and/or your web site as a customer site on the web sites of «Profiles Agency»
, printed or electronic materials and mass media. Such mentions may include displaying your site logo and linking to your web site.
7. LEGAL TERMS
7.1. The present Agreement applies to the territories of the Parties’ location.
7.2. The validity period of the present Agreement is not limited. The present Agreement may be terminated earlier in some cases described in this clause or in other sections of the Agreement. This Agreement will terminate automatically if you breach any of its provisions. In this case, you shall cease further use of the database product and destroy all copies and parts of it. You agree that in case of breach of the Agreement provisions, «Profiles Agency»
has the right to use any means to protect its copyright, including removing the database product or limiting access to its use remotely via the Internet. Furthermore, if you breach the provisions of the present Agreement, you will forfeit the right to a refund of the amount paid under the present Agreement.
7.3. All disputes regarding this Agreement shall be governed by the current legislation of the location of «Profiles Agency»
7.4. If you commit any violations of the present clause of the license agreement, you shall reimburse «Profiles Agency»
for all losses incurred as a result of the violation and for all expenses related to the enforcement by «Profiles Agency»
of its legal rights under this Agreement.
8.1. «Profiles Agency»
does not warrant that the database product received under the present Agreement will meet all your requirements or that the operation of the database product will be uninterrupted or error-free.
8.2. «Profiles Agency»
is not responsible for possible errors or technical imperfections you may find using the database product with an application of a third-party developer.
8.3. You assume all responsibility for selecting the database product to achieve your intended results, and for the use and results obtained from the database product. «Profiles Agency»
is not responsible if the database product does not operate on your server or computer.
8.4. «Profiles Agency»
does not bear responsibility for any defects that appear through your fault. You assume the entire risk of using the database and the entire cost of any service and repair.
8.5. If it is proved that the database defects appeared through the fault of «Profiles Agency»
, its responsibility is limited to the amount paid by you under the present Agreement.
8.6. Failure to install the database product is not a valid reason for requesting a refund of the purchase price.
9. REFUND POLICY
9.1 Your right to obtain a refund for a database downloaded with a valid Agreement arises only in cases where you meet all terms of this Agreement and lasts only for a limited time. Your request for a refund must be processed within 14 days of the date «Profiles Agency»
sell the database to you (the "Purchase Date"). «Profiles Agency»
is not responsible for lost or misdirected mail, delays in downloading, or other communication system delays.
9.2 Refunds will be refused in the following cases:
- If the terms and conditions of this Agreement are not adhered to
- If there is strong evidence based on a pattern that someone was getting the database and simply asking for a refund while continuing to use the software. «Profiles Agency» will not issue refunds in such cases.
- «Profiles Agency» will refuse a refund if errors occur because of the specific settings and the requirements of your server. «Profiles Agency» cannot be liable for the consequences to your server of its database product.
- «Profiles Agency» will refuse a refund if the email addresses used in database are not active, or if the individuals to whom the email addresses belong to do not reply to your emails or are not interested in your site services.
9.3 «Profiles Agency» must be contacted by the same person and the same email address which was used to purchase database from us. To arrange a refund, complete the following steps.
9.4 If you give materials to third parties, your right to a refund will be forfeited as you will have violated the copyright of the product or services as stated.
9.5 If we have proof that you have used our 100% Money-Back Guarantee only to get to see the proprietary copyrighted information or service for no charge and without any intention of using it for the purpose it was meant to be used for, your right for a refund may be forfeited.
9.6 Fraudulent Credit Card Charges or Fraudulent Claims. All requests to negate charges are investigated by our technical department and legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the relevant credit card service. This report may result in the cancellation of your card services, add negative information to your credit report, and lead to criminal charges being filed against you.
9.7 The refund date is the date when the refund was processed by «Profiles Agency», and IS NOT the date when the funds appear in the Client's account. The company is not responsible for the time period that elapses before the refund appears in the Client's account. This timeline depends on the payment system used, its terms of work with regards to refunds and chargebacks, as well as the date when the initial order was made.
BY PURCHASING OR USING THE DATABASE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT THERE SHALL BE ABSOLUTELY NO REFUNDS OF AMOUNTS TRANSFERRED TO «Profiles Agency» FOR REASONS INCLUDING FAILURE TO INSTALL THE DATABASE, A CHANGE IN MARKET CONDITIONS, A CHANGE IN BUSINESS OR WEB SITE STRATEGY, A CLAIM THAT THE PRODUCT DOES NOT SUIT YOUR NEEDS OR IS NOT WHAT YOU EXPECTED, ERRORS OR TECHNICAL IMPERFECTIONS IN THIRD-PARTY APPLICATIONS USED WITH THE DATABASE PRODUCT WHICH ARE BEYOND THE LIMITS OF COMPETENCE OF «Profiles Agency», MODIFICATIONS OF THE DATA IMPLEMENTED BY YOU OR UPON YOUR CONSENT THAT ALTER THE FUNCTIONALITY OF THE DATABASE PRODUCT, THE UNAVAILABILITY OF «Profiles Agency» FOR CUSTOMIZATIONS TO THE DATABASE PRODUCT, OR FOR ANY OTHER SIMILAR REASON. BY PURCHASING OR USING THE DATABASE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE DATABASE PRODUCT WILL RUN ON YOUR WEB SERVER (HOSTING ACCOUNT) AND THAT IT WILL MEET ALL YOUR NEEDS. THE DATABASE PRODUCT WILL BE DELIVERED TO YOU ONLY AFTER YOUR PAYMENT IS APPROVED BY A PAYMENT PROCESSING COMPANY. THE DATABASE PRODUCT WILL BE DELIVERED TO YOU AS A DOWNLOAD LINK, AN EMAIL ATTACHMENT OR BY OTHER INTERNET MEANS. ONCE THE PRODUCT IS DELIVERED YOU MAY NOT CLAIM ANY REFUND. YOU MAY CLAIM A REFUND IF YOU CANCEL YOUR ORDER PRIOR TO DELIVERY, HOWEVER PROCESSING FEES MAY STILL APPLY.
This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral.