Terms of Service
1. Your Acceptance
By using and/or visiting this website (collectively, including all content and functionality available through the socialprofile.com domain name, the "Socialprofile Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2)Socialprofile's privacy notice, found at http://www.socialprofile.com/privacy.php
and incorporated here by reference. You are authorized to use the Socialprofile Website (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.socialprofile.com/terms.php
). Socialprofile may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Socialprofile Website
These Terms of Service apply to all users of the Socialprofile Website, including users who are also contributors of content, information, and other materials or services on the Website. The Socialprofile Website includes all aspects of Socialprofile, including but not limited to all products, software and services offered via the website.
The Socialprofile Website may contain links to third party websites that are not owned or controlled by Socialprofile. Socialprofile has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Socialprofile will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Socialprofile from any and all liability arising from your use of any third-party website.
3. Socialprofile Accounts
In order to access some features of the Website, you will have to create a Socialprofile account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Socialprofile immediately of any breach of security or unauthorized use of your account. You must not create an account in order to impersonate someone else.
Although Socialprofile will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Socialprofile or others due to such unauthorized use.
4. General Use of the Website - Permissions and Restrictions
Socialprofile hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Socialprofile's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Socialprofile's technologies.
C. You agree not to access User Submissions (defined below) or Socialprofile Content through any technology or means other than the Website itself or other explicitly authorized means Socialprofile may designate.
D. You agree not to use the Website for any commercial use without the prior written authorization of Socialprofile.
E. Prohibited commercial uses do not include:
* uploading content to Socialprofile, or maintaining a profile on Socialprofile, to promote your business or artistic enterprise;
* linking to Socialprofile on an ad-enabled blog or website, provided the primary purpose of using the link is not to gain advertising revenue or compete with Socialprofile;
* any use that Socialprofile expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Socialprofile servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Socialprofile grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Socialprofile reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
H. You will not upload viruses or other malicious code.
I. You will not solicit login information or access an account belonging to someone else.
J. You will not bully, intimidate, or harass any user.
K. You will not post content that is hateful, threatening, libelous, slanderous, pornographic, or that contains nudity or graphic or gratuitous violence.
L. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
M. You will not use Socialprofile to do anything unlawful, misleading, malicious, or discriminatory.
N. You will not do anything that could disable, overburden, or impair the proper working of Socialprofile.
O. You will not facilitate or encourage any violations of this Terms of Service.
P. You will not provide any false personal information on Socialprofile, or create an account for anyone other than yourself without permission. You may however, create a profile describing someone else. However, the information in this profile must be factual.
Q. You will not use Socialprofile if you are a convicted sex offender.
R. You will not transfer your account to anyone without first getting our written permission.
S. You will not post anyone's identification documents or sensitive financial information on Socialprofile.
T. You will not use Socialprofile if you are less than 13 years old and you will not create a profile of anyone on Socialprofile who is less than 13 years old.
U. Socialprofile reserves the right to discontinue any aspect of the Socialprofile Website at any time even if the change is or affects a service that has been paid for by the user. You agree that Socialprofile will not be liable to you or any third party for any modification or discontinuance of the Socialprofile Website or Socialprofile Content.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Socialprofile Website.
A. The content on the Socialprofile Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Socialprofile, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Socialprofile reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Socialprofile Website. You shall not copy or download any User Submission unless you see a "download" or similar link displayed by Socialprofile on the Socialprofile Website for that User Submission.
C. User Content is made available to you for your information and personal use solely as intended through the normal functionality of the Socialprofile Website. User Content is made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Socialprofile Website or otherwise as prohibited under this Agreement.
D. You may access Socialprofile Content, User Submissions and other content only as permitted under this Agreement. Socialprofile reserves all rights not expressly granted in and to the Socialprofile Content and the Socialprofile Website.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Socialprofile Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Socialprofile Website or the Content therein.
G. You understand that when using the Socialprofile Website, you will be exposed to User Submissions from a variety of sources, and that Socialprofile is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Socialprofile with respect thereto, and agree to indemnify and hold Socialprofile, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a Socialprofile account holder you may submit content ("User Content"). User Content is also referred to as "User Submissions." You understand that whether or not such User Submissions are published, Socialprofile does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Socialprofile to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Socialprofile, you hereby grant Socialprofile a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Socialprofile Website and Socialprofile's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Socialprofile Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Socialprofile Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that Socialprofile may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted by profile owners. You understand that you will not be able to delete any User Submission unless you are a Subscriber and you are the owner of the profile the User Submission is posted on. The above licenses granted by you in User Content are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Socialprofile all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Socialprofile, or contrary to applicable local, national, and international laws and regulations.
F. Socialprofile does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Socialprofile expressly disclaims any and all liability in connection with User Submissions. Socialprofile does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Socialprofile will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Socialprofile reserves the right to remove Content and User Submissions without prior notice.
7. Subscription (Premium Membership)
A. Please read this section carefully prior to using Socialprofile's premium service (the "Services").
B. Subscribers authorize Socialprofile to charge the Subscriber's credit card (or other approved facility) provided to pay for the ongoing cost of subscription. Payment for the appropriate services will be made by automatic debit to the Subscriber's credit card (or other approved facility). Subscribers will be automatically renewed for a term equal to the original term upon expiration date of the then-current term at a price equal to the current regular, nonpromotional price, and continually thereafter, unless the Subscriber terminates the subscription online in advance of the renewal date pursuant to the process set forth below. Socialprofile reserves the right to prebill Subscriber by no more than 30 days and also reserves the right to alter the cost or timing of Subscriber's subscription at anytime. If Subscriber's card is denied, then Socialprofile reserves the right to retry Subscriber's card at the same rate or at a lower rate at any times within the following 30 days.
Subscriber acknowledges and agrees that the authorization to charge Subscriber's credit card for services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. Subscriber may not assign or transfer his or her subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order subscriptions online.
C. Payment must be made by a major credit card accepted by Socialprofile. Cash will not be accepted. The billing period ends each month on the anniversary of your activation date ("Billing Date"). If Socialprofile does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by Socialprofile. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder.
YOU, AND NOT Socialprofile, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY THAT WERE NOT AUTHORIZED BY YOU.
Socialprofile RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY Socialprofile. Socialprofile MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL.
Any data related to searchers, profile views, and secrets, including but not limited to location and amount of this data ("Social Data") shown to users who aren't Subscribers is just shown as an estimate that is provided by Socialprofile for illustrative purposes. Social Data seen by users who are not Subscribers should be assumed to be completely invalid since it is provided purely for illustration. Once the user becomes a Subscriber, Socialprofile will to the best of its ability begin to track this data accurately for profiles owned by the Subscriber. Once a Subscriber, based on the IP triangulation process, location based Social Data is not reliable when the map is zoomed past the scale of 1 inch per 5 miles.
E. You may terminate your membership at any time. When you terminate your membership, your account will not be automatically renewed and your premium access will be terminated on the expiration date. You acknowledge that Socialprofile, in its sole discretion, may terminate your use of the Service for any reason, including, without limitation, if Socialprofile believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Socialprofile may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Socialprofile may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that Socialprofile shall not be liable to you or any third party for any termination of your access to the Service. You agree that if you are deemed a fraud risk or fall into a group that carries the potential of causing a penalty due to fraud, then you may be charged less than the amount you agreed to for use of the Service.
F. Socialprofile occasionally offers promotional trial memberships to its Premium Services at special discounted prices. Subscribers who sign up for such trial memberships will be automatically renewed at the posted subscription rate at the end of the trial period, unless the Subscriber cancels before the end of the trial.
G. If you Validate Your Account, you pay the Trial Amount for unlimited access during your Trial Period. You can cancel without penalty anytime during your Trial Period. After the Trial Period ends, your Premium Membership payment will occur and then will recur until cancelled. A Profile Support and / or Access to Coaching fee may also be due and will recur until cancelled. Each fee and associated billing timeline is listed on the billing page when you Validate Your Account.
If you sign up now, your plan is: Subscription will recur at $36.00 for 3 Months.
However, if you already joined, you might have signed up for a different payment plan at the time of purchase. To find your particular plan, login to your account and then review the terms on this page.
8. Account Termination Policy
A. Socialprofile will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer or for any reason whatsoever.
B. Socialprofile reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Socialprofile may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
9. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Socialprofile's designated Copyright Agent to receive notifications of claimed infringement is: Socialprofile Copyright Agent, P.O. Box 28051, Atlanta, Ga. 30358, email:
, fax: (888) 216-5719. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Socialprofile customer service through http://www.socialprofile.com/feedback.php
. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Socialprofile WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Socialprofile, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Socialprofile MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 Socialprofile WEBSITE. Socialprofile DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Socialprofile WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Socialprofile 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.
11. Limitation of Liability
IN NO EVENT SHALL Socialprofile, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Socialprofile WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Socialprofile SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Socialprofile from its facilities in the United States of America. Socialprofile makes no representations that the Socialprofile Website is appropriate or available for use in other locations. Those who access or use the Socialprofile Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Socialprofile, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Socialprofile Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Socialprofile Website.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Socialprofile Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Socialprofile Website because you are unauthorized to do so.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Socialprofile without restriction.
You agree that: (i) the Socialprofile Website shall be deemed solely based in California; and (ii) the Socialprofile Website shall be deemed a passive website that does not give rise to personal jurisdiction over Socialprofile, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Socialprofile that arises in whole or in part from your use of the Socialprofile Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at http://www.socialprofile.com/privacy.php
and any other legal notices published by Socialprofile on the Website, shall constitute the entire agreement between you and Socialprofile concerning the Socialprofile Website and supersede any prior agreements. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Socialprofile's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Socialprofile reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. These Terms of Service do not confer any third-party beneficiary rights. Your use of the Socialprofile Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Socialprofile AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Socialprofile WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.