Thanks for using Profelabel.
Please read these Terms carefully. By using Profelabel or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Profelabel (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. Profelabel (“Profelabel”,” “we,” or “us”) is an online promo pool platform (the “Service”) offered through the URL www.profelabel.com (we’ll refer to it as the “Website”) that allows you to, among other things, create, send, and manage promo campaigns (each a “Campaign,” and collectively, “Campaigns”). Profelabel is a London limited company whose legal name is Profelabel LTD. As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).
If you have any questions about our Terms, feel free to https://profelabel.com/contact-us
In order to use the Service, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to these Terms;
- provide true, complete, and up-to-date contact information
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Profelabel may refuse service, close accounts of any users, and change eligibility requirements at any time.
When you sign up for the Service and agree to these Terms, the Agreement between you and Profelabel is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Profelabel account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username and clicking the “Get Started” button means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
3. Closing Your Account
You or Profelabel may terminate the Agreement at any time and for any reason by terminating your Profelabel account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Profelabel is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
6. Pro-account Plans
Our fees for Pro Plans are posted on our Website and may be changed from time to time. We do not have periodic system fees, all fees are one-off regardless of the plan you choose.
We’ll give you a refund for a prepaid period if we stop providing the Service and terminate your account without cause.
You won’t be entitled to a refund from us under any other circumstances.
We may, at our sole discretion, offer a refund if a Member requests one, only for Member who prepaid one year pro-account, we’ll refund a prorated portion of your one year prepayment.
8. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
RIGHTS AND COPYRIGHTS
9. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
We respect the intellectual property rights of others. If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary informationþ. If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.
10. Proprietary Rights Owned by You
You confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Profelabel Service for you, to your User Platform, including any designs, images, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, music and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use. You have obtained all consents and permissions required regarding the posting, transmission and publication of any audio files.
If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via email@example.com.
RULES AND ABUSE
12. General Rules
By agreeing to these Terms, you promise to follow these rules:
- You won’t send spam! We mean “spam” as it is defined on the Spamhaus website.
- You won’t use purchased, rented, or third-party lists of email addresses.
Profelabel doesn’t allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:
- A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
- Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
- a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
- a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
You agree and undertake not to:
- use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
- upload to the Profelabel Platform or otherwise use it to develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Profelabel service, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
If you violate any of these rules, then we may suspend or terminate your account.
13. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Profelabel Member, please report it to firstname.lastname@example.org with Abuse in subject. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us also.
14. Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities.
If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or distribute promo campaigns or other Content through the Service to anyone located in the EEA (each such Member an “EEA Member”) in creating your Campaign contact list, sending promo Campaigns via the Service, and/or otherwise collecting information as a result of creating or sending Campaigns, you represent and warrant to Profelabel that:
- You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Profelabel and to enable such data to be lawfully collected, processed, and shared by Profelabel for the purposes of providing the Service or as otherwise directed by you.
- You will comply with all laws and regulations applicable to the promo Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
- You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Profelabel to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service in accordance with and as described in the Cookies Policy.
In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
15. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.
16. No Warranties
To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs. We are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
18. Legal Fees and Expenses
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
19. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
20. Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
23. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
24. Amendments and Waiver
Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
25. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
26. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
27. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Campaign contact lists (each a “List”), we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
Any notice to you will be effective when we send it to the email you gave us when posted on our Website.
Thanks for taking the time to learn about Profelabel’s policies.
Updated May 30, 2018.