1. Important information
These terms (“TOU”) are part of the legal documents that govern your access to, and your use of Profoundly if you use the site through the website or through the mobile apps (the “Services”).
1B. Why are these TOU important?
1C. Who is NearGroup Inc?
NearGroup Inc is an US Based company and a registered office at 55, 3rd Ave, San Mateo, US – 94401
1D. I don’t understand these TOU, can Profoundly help me?
If there’s anything you don’t understand in the TOU (or anywhere else on the Services), please contact us using the contact information below.
1E. What if I don’t accept these TOU?
If you don’t accept these TOU, you must stop using or accessing the Services.
1F. Do I need my parents’ consent to sign up or to use Profoundly?
If you are a minor, that means under the age of legal majority in your country, and are not an emancipated minor (in countries that permit this), you must have your parents’ or guardian’s consent to enter into these TOU and to use the Services, and by using the Services you are confirming that you have received that consent.
2. Who can use Profoundly?
2A. How old do I need to be?
By accessing or using the Services you warrant (that is a legal word for promise and confirm) that you are at least 13 years old (or over the age of legal majority in your country, if higher) and you are fully able and competent to enter into and comply with these TOU.
2B. What if I am under 13?
Sorry, but you can’t use Profoundly if you are under 13 years old. If you are under 13 years of age, you are not permitted to access or use the Services. If we become aware that you are using the Services even though you are under 13 and not permitted to do so, we will deactivate your account and attempt to block you from accessing the Services
2C. What laws do I need to follow?
You are responsible for making sure you follow all laws and regulations in the country in which you live when you access and use the Services. By using the Services, you are confirming that you have not been convicted of, nor are you subject to any court order relating to, assault, violence, sexual misconduct or harassment.
2D. Do you do any background or criminal checks?
We do not conduct any background checks on users, criminal or otherwise. You need to be careful when interacting with other people online, and you can read more about this in our Safety Center.
3. Registering to use Profoundly
3A. Do I need to register to use the Services?
To use some parts of the Services, you may be required to register for an account with us by providing certain information, including your name, e-mail address, and password. You agree to provide true and accurate information and to update it as necessary to keep it accurate. If you provide us with false information, we reserve the right to suspend or terminate your account.
3B. Can I register through my Facebook or similar accounts?
You may also be able to register to use the Services by logging into your account with your credentials from certain third-party social networking sites (e.g., Facebook). You confirm that you are the owner of this social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
3C. Can I share my account or my login details?
No. Only you are allowed to access your account. You must keep your password confidential and, other than sharing it with your parent or guardian if you are a minor, you should not tell anyone your password or let anyone else access your account. (Parents and guardians might also find some useful information here). Sharing your password might lead to all of your posts, messages and personal information being leaked or someone impersonating or pretending to be you. If you don’t keep your password confidential or give it to anyone other than your parent or guardian, we are not responsible for anyone accessing or using your account, including reading or sending messages from it. If you think that someone else might be using your account, you must let us know immediately using the contact information below. You should also immediately change your password. We may terminate your account or block you from accessing the Services if you break the rules on keeping your password secure.
3D. Do I always need to enter my password?
To provide you with ease of access to your account, we may implement technology that enables us to recognize your device and provides you with direct access to your account without requiring you to retype your password when you revisit the Services.
3E. If I don’t register, what can I see?
Non-registered users are able to access only the parts of the Services that are publicly available and do not enjoy all of the privileges of being a registered member. You are, however, still subject to the TOU.
3F. Can someone that is not registered ask me a question?
4. What are the rules of using Profoundly?
4A. What are the Community Guidelines?
Community Guidelines are important to any online community, as they let you know what we expect from users and how they interact with each other to ensure everyone has an enjoyable experience at Profoundly. You can read the Community Guidelines
4B. What is the Safety Center?
We want all users to have a safe experience online, and we have created, with industry experts and the support of our Safety Advisory Board, many resources to help you, your parents, teachers and law enforcement agencies understand our approach to safety and how you can enjoy a safe experience. You should look at the Safety Center, and has lots of helpful information for you, your parents, teachers and law enforcement.
4C. What am I allowed or not allowed to post on Profoundly?
You are solely responsible for everything you write or post on Profoundly, and the following rules apply (the “Rules of Conduct”).
You must not post or send anything which:
4D. Do you check my account and my posts?
You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the TOU or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the TOU and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency or other governmental body. We can also block or respond to content that we determine is otherwise objectionable or as set forth in the TOU. In addition, you acknowledge that we have your consent to monitor and block content that we consider to be harassing or bullying.
4E. Can you block any content I posted if I broke the rules?
We reserve the right, at any time and without prior notice, to remove or disable access to any content for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of the TOU or otherwise harmful to the Services or our users.
4F. Who can see what I post?
5. Does Profoundly own my content once I post it online?
If you submit material to the Services, unless we indicate otherwise, you grant us a perpetual (for questions you ask only), non-exclusive, royalty-free and fully-paid-up, and fully sub-licensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such material throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to view, copy, access, store, or reproduce such material for that user’s personal use. You grant us the right to use the name or username that you submit in connection with such material. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; and that use of the material you supply does not violate these TOU, the rights of any third party, or any applicable laws. You unconditionally waive in favor of us all moral rights in respect of material you submit to the Services under any laws in force from time to time in any part of the world. If you leave the Services, your account information and any material you have posted in response to questions will be deleted, but your questions will remain on the Services in an anonymous form.
6. Can I use Profoundly without seeing ads?
We may, from time to time, make available in-app purchases, where, for payment, you can upgrade to available features, or upgrade to an ad-free version of Profoundly, depending on availability and your location. For all in-app purchases the following terms apply:
(a) You don’t have to make any in-app purchase to use Profoundly, but some features may require in-app purchases if you choose to use them. You can’t switch it off and there’s no cap on the number of purchases you can make, unless you edit your own account settings within the app store that you use to make your purchase (like Apple’s App Store, the Android Google Play Store and others) (what we call “App Store Provider(s)”). You are responsible for managing any money you spend on in-app purchases, and you expressly acknowledge and agree that you are fully responsible for managing your in-app purchases and amounts spent within Profoundly.
(b) If you are under 18, then you must have your parents’ or guardians’ permission to make any in-app purchases. More information about in-app purchases (including how you may be able to switch off and/or manage in-app purchases) may be set out in the App Store Provider’s terms and conditions/EULA. If you are a parent or guardian of someone under the age of 18, we recommend that you consider any parental controls that may be provided by the App Store Provider, if you are concerned that your child may make excessive in-app purchases.
(c) You acknowledge and agree that all billing and transaction information is handled by the App Store Provider and is governed by the App Store Provider’s terms and conditions. If you need a refund or have any payment related issues with in-app purchases, then you need to contact the App Store Provider directly. We do not control or manage the payment process, so you need to read the terms and policies of the App Store Provider before you make any payments.
(d) ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY APP STORE PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-APP PURCHASES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-APP PURCHASE ITEM THAT YOU PROPERLY PURCHASED THROUGH AN APP STORE PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
(e) If we make an Ads-Free Mode available to you, some adverts may still be shown to you where it is a requirement to view an advert in order to receive premium content, for example, reward video adverts which you may be viewing to receive premium reward features such as premium moods for example.
(f) Payment will be charged to iTunes Account at confirmation of purchase.
(g) Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
(h) Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal.
(i) Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
(j) No cancellation of the current subscription is allowed during the active subscription period.
We may, at any time and for any reason make changes to these TOU. We may do this for a variety of reasons, including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the TOU will be posted on the Services, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us (without penalty) by ceasing to use the Services and leaving the Services. Additionally, if we update or upgrade the Services, you may be required to accept the most recent version of the TOU to access the updated or upgraded Services.
8. How can I or Profoundly deactivate or terminate my account?
(a) How do I deactivate my account?
If you are a registered user of the Services, you can deactivate your membership at any time by going to the Settings control when you are logged in and choosing the “deactivate profile” link. By deactivating your account, it will no longer be visible to other users of the Services, but we will save your profile information in case you change your mind later and want to reactivate your account. Many members deactivate their accounts for temporary reasons and in doing so expect us to maintain their information until they return to the Services. You should, therefore, be able to restore your account and the whole of your profile within 12 months of deactivating it, but we cannot guarantee that this will always be the case.
(b) How do I actually terminate my account, not just deactivate it?
Should you choose to leave the Services, rather than deactivate your account, you may do so by selecting the “I want to leave Profoundly” tab on the Contact us page. Once received, we will process your request to leave as soon as practicable. Once processed, your profile data will be removed from the Services and your questions to friends will be converted to anonymous questions (in other words, questions you have asked will remain visible but will appear to be from an anonymous user). You will be able to reactivate your account by logging back in for a period of 30 days after your request to leave the Services is processed. At the end of that period, your account will be deleted and all “likes” which you have added to questions will be removed. We will delete your data as soon as reasonably practicable, but in certain cases, limited types of data, including log files and backups, may take up to 90 days to be fully deleted.
Warning: After you have deactivated your account or left the Services, questions may still appear on the Services, but will be anonymized and no longer associated with you directly (in other words, a question you asked on your friend’s profile will still be visible, but will not include your username). Please note also that even after you remove information from your profile or deactivate your account, copies of such content may still be visible and/or accessed on the Internet to the extent such information has been previously shared with others, or to the extent such information has been shared with, indexed by or cached by search engines. Similarly, if you have given third-party applications or websites (e.g., social networks) access to your personal information, they may keep that information. We cannot control this, nor do we accept any responsibility or liability for this.
(c) Can you suspend or terminate my account if you want to?
Yes, we can. We may suspend or terminate a user’s access to the Services or a member’s account for any reason, including if we believe a user has violated these TOU. We also reserve the right to at any time block users from accessing and using the Services by using IP blockers or other technological solutions we deem appropriate. If we have grounds to terminate your access to the Services due to a violation of these TOU (including your breach of the Rules of Conduct), we reserve the right to terminate your access to the Services without notice. Otherwise, we will provide you with reasonable notice, if your access to the Services and/or your profile is going to be suspended or terminated.
(d) What are the effects of termination?
Upon termination or expiration of your rights to use the Services or any portion thereof, you authorize us to delete any files, programs, data and messages associated with your account for the Services, or applicable portion thereof, without notice to you.
9. What’s the important legal stuff I need to know?
9A. We give you a limited licence to use the Services
We grant you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these TOU. You shall not use the Services for any illegal purpose or in any manner inconsistent with the provisions of these TOU. You may use the information made available through the Services solely for your personal, non-commercial use. You may also download material displayed on the Services for personal, non-commercial use only, provided that you also retain all copyright and other proprietary notices contained on or in the materials. Except as expressly granted herein, you may not distribute, modify, transmit, reuse, re-post, or use the content or the Services for any purpose without our permission. Any violation by you of the license provisions contained in this Section 4C may result in the immediate termination of your right to use the Services as well as potential liability for copyright infringement depending on the circumstances.
9B. We make changes to the Services or update it if we choose to
We reserve the right to change or discontinue any aspect of the Services or all the Services at any time without notice to you. Upgrades or updates of the Services may be made available from time to time. We do this to improve the quality of the Services that we provide to you and other users. The software or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings or computer software does not permit transmission or use of upgrades or updates, you agree that we or the applicable software application store may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time to time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the TOU shall be considered part of the Services.
9C. What if I participate in Surveys or Features/Product Testing
From time to time, Profoundly may offer you the opportunity to participate in a user survey or feature/product test (“Evaluation”). If you agree to participate in an Evaluation, you agree that Profoundly may collect your ideas, feedback, answers, suggestions, comments, designs and other materials in any medium (collectively “Materials”). You further agree that Profoundly owns the Materials in perpetuity and exclusively throughout the world, and you assign to Profoundly all rights you have or may have in the Materials as well as any ideas or information the Materials may generate in the future. You represent and warrant that Profoundly’s ownership and use of the Materials do not and will not violate the rights of any third party or any applicable laws. You unconditionally waive in favor of us all moral rights in respect of the Materials.
9D. Intellectual Property Rights
9E. How do you handle Copyright Claims?
It is our policy to respond to clear notices of alleged copyright or other IP rights infringement, and in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Profoundly and/or others.
(a) Notice for Claims of Intellectual Property Violations and Agent for Notice.
This process is for copyright and intellectual property matters only and is designed to make submitting notices of alleged infringement to Profoundly as straightforward as possible, while also providing Profoundly with the necessary information for notice verification. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Profoundly’s Copyright Agent with a written communication containing the following information in English (your “Notice”):
Note: If you are asserting infringement of an intellectual property right other than copyright, you should specify the intellectual property right at issue.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other exclusive right that is allegedly infringed;
2. A detailed description sufficient to identify the copyrighted work or other intellectual property that you claim has been infringed, or if multiple works have been infringed, a representative list of such works on the Profoundly site;
3. A description of the material that you claim is infringing and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate this material on the Profoundly site (as part of this information, you must provide us with the specific URL where the material is located);
4. Information sufficient for Profoundly to contact you, including your username (if applicable), address, telephone number, and/or email address;
5. A statement by you that you have a good-faith belief that the disputed use of the material is not authorized by the copyright or intellectual property owner, its agents, or the law;
6. A statement by you, made under penalty of perjury (if you are located in the US) or made truthfully (if you are located elsewhere) that the information in this notice is accurate and that you are the copyright or intellectual property owner for the material or that you are authorized to act on the copyright or intellectual property owner’s behalf.
(b) What happens to my copyright claim notice?
In some circumstances, in order to notify the subscriber, account holder or host who provided the allegedly infringing content to which Profoundly has disabled access (or intends to disable access), Profoundly may forward a copy of your notification including your name and contact information to the subscriber or account holder. The individual may choose to file a counter-notification explaining why the content does not infringe an IP right following receipt of our notice. We may also, in our sole discretion, post a notice or a copy of your complaint on our site. By providing us with a complaint, you are consenting to your complaint being forwarded to the subscriber, account holder or host who provided the allegedly infringing content, and/or to our posting a notice or copy of your complaint on our site.
(c) What if I change my mind or make a false copyright claim?
After submitting a copyright or other IP right, infringement notification, you may realize that you misidentified content or you might otherwise change your mind. Profoundly will honour retractions of copyright or other IP claims from the party who originally submitted them. It is important that you do not make false claims. Submitting a claim of copyright or other IP right infringement is a serious matter with legal consequences. Before you report a claim of copyright or other IP right infringement to us, you may wish to reach out to the individual posting the content. You may be able to resolve the issue simply by bringing it to their attention without contacting us at all. If you are unsure whether the content you are reporting is infringing your legal rights, you may wish to seek legal guidance. Keep in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act (DMCA) in the United States or similar laws in other countries.
(d) Who is the Profoundly copyright agent for DMCA purposes?
For the purpose of the DMCA, Profoundly’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
55, 3rd Ave, San Mateo, US - 94401
10. What about legal disclaimers, indemnities and liability?
10A. Profoundly’s warranty disclaimer:
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROFOUNDLY, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROFOUNDLY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT WE HAVE THE NECESSARY SKILL TO RENDER THE SERVICES OR THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE PROFOUNDLY PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND THE PROFOUNDLY PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
10B. Important information about the limits of Profoundly’s liability to you
Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages in contracts with consumers and to the extent you are a consumer the limitations or exclusions in this section may not apply to you.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE PROFOUNDLY PARTIES ARE NOT PUBLISHERS OF USER SUBMISSIONS OR LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROFOUNDLY PARTIES DISCLAIM ALL LIABILITY FOR USER SUBMISSIONS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CONTENT YOU PUBLISH AND / OR TRANSMIT ON OR THROUGH THE SERVICES TO OTHER USERS OR ENTITIES MAY BE COPIED, RE-USED, OR FURTHER DISCLOSED BY SUCH OTHER USERS OR ENTITIES OUTSIDE OF THE PROFOUNDLY PARTIES’ CONTROL AND THAT THE PROFOUNDLY PARTIES ARE NOT LIABLE TO YOU FOR ANY SUCH USE OF CONTENT BY OTHERS.
10C. You indemnify Profoundly for its losses
You agree to indemnify, defend, and hold the Profoundly Parties harmless from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with, (i) your access to and use of Profoundly; (ii) your breach of the TOU, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (iii) any products or services purchased or obtained by you in connection with the Services. Profoundly retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter, for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Is Profoundly liable if I use another third-party site or service?
Information provided by our users through the Services may contain links to third-party websites, mobile apps or other services that are not owned or controlled by us. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly acknowledge and agree that the Profoundly Parties shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
12. What are the other important legal points I need to know?
12A. What country’s law governs our relationship?
You agree that: (i) the Services shall be provided from Ireland; (ii) the laws of Ireland apply to these TOU, including any contractual or non-contractual matter or dispute arising out of or in connection with these TOU, your access to and use of the Services, and the relationship between us and you; and (iii) the courts of Ireland have exclusive jurisdiction in connection with these TOU and all such matters and disputes arising out of or connected to the Services. Notwithstanding the foregoing, you agree that we may seek interim, preliminary or protective relief before the competent courts of any jurisdiction.
12B. What about Data Charges, if I use my mobile device?
By using the Services, including certain features such as invite-a-friend, on your mobile phone (and/or any other device) you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.
12C. Entire Agreement and Waiver.
12D. No Third Party Rights.
Nothing in these TOU shall confer or purport to confer any rights on any other third party.
12E. Restrictions on Assignment.
You will not transfer any of your rights or obligations under these TOU to anyone else without our written consent. All of our rights and obligations under the TOU are freely assignable by us in connection with a merger, acquisition, consolidation, reorganization, sale of assets, by operation of law or otherwise.
12F. Linking and Framing.
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
13. How can I contact Profoundly if I have a question or need help?
If you have any questions about these TOU, you can contact us by clicking support or by writing us at the following address:
55, 3rd Ave, San Mateo, US - 94401