This Statement of Terms and Conditions ("Statement," "Terms," or "STC") governs our relationship with users and others who interact with TrophyProfile, as well as TrophyProfile brands, products and services, which we call the “TrophyProfile Services” or “Services”. By using or accessing the TrophyProfile Services, you agree to this Statement, as updated from time to time.
Because TrophyProfile provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this STC, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use TrophyProfile to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
- Content and Information Ownership
You own the content and information you post on TrophyProfile, and you have the ability to control the degree to which it is shared with others on the platform. In addition:
- For photos and videos to which you have intellectual property rights, you specifically give us the following permission, subject to your privacy selections on individual pieces of content: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use any IP content that you post on or in connection with TrophyProfile.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more, read our Data Policy.)
- When you publish content or information using the Public setting, it means that you are allowing everyone on TrophyProfile, to access that information, and to associate it with you (i.e., your name and profile picture).
- Application and User Safety
We do our best to keep TrophyProfile safe, but we cannot guarantee it. We need your help to keep TrophyProfile safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on TrophyProfile.
- You will not collect users' content or information, or otherwise access TrophyProfile, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity
- You will not use TrophyProfile to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of TrophyProfile, such as a denial of service attack or interference with page rendering or other functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security
TrophyProfile users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on TrophyProfile, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use TrophyProfile if you are under 13.
- You will not use TrophyProfile if you are a convicted sex offender.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights
It is important to respect the rights of other users:
- You will not post content or take any action on TrophyProfile that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on TrophyProfile if we believe that it violates this STC or our policies.
- We provide you with a method for reporting violations of intellectual property rights.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks without our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on TrophyProfile.
- Special Provisions Applicable to Software
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- We’ll notify you before we make changes to these terms and give you the opportunity to review the revised terms before continuing to use our Services.
- Your continued use of the TrophyProfile Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, we may stop providing all or part of TrophyProfile to you and we will notify you by email or other method. You may also delete your account or disable your application at any time. In all such cases, this STC shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, and 8-12.
- You will resolve any claim, cause of action or dispute you have with us arising out of or relating to this Statement or TrophyProfile exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on TrophyProfile, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on TrophyProfile and are not responsible for the content or information users transmit or share on TrophyProfile. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on TrophyProfile. We are not responsible for the conduct, whether online or offline, of any user of TrophyProfile.
- We try to keep TrophyProfile operational, bug-free, and safe, but you use it at your own risk. We are providing TrophyProfile as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that TrophyProfile will always be safe, secure or error-free or that TrophyProfile will always function without disruptions, delays or imperfections. TrophyProfile is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California Civil Code, Section 1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or TrophyProfile, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or TrophyProfile will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, TrophyProfile’s liability will be limited to the fullest extent permitted by applicable law.
- Provisions For Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with TrophyProfile outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- You will not use TrophyProfile if you are prohibited from receiving products, services, or software originating from the United States.
By "TrophyProfile" or” TrophyProfile Services” we mean the features and services we make available, including
(a) our website at www.TrophyProfile.com and any other TrophyProfile branded or co-branded websites;
(b) our Platform;
(c) other media, brands, products, services, software, devices, or networks now existing or later developed.
TrophyProfile reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from TrophyProfile or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with TrophyProfile.
- By "content" we mean anything you or other users post, provide or share using TrophyProfile Services.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from TrophyProfile or provide to TrophyProfile through the Platform.
- By "post" we mean post on TrophyProfile or otherwise make available by using TrophyProfile.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "application" we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term application will apply until you delete the data.
- By “Trademarks” we mean the list of trademarks provided here.
- By "TrophyProfile" or” TrophyProfile Services” we mean the features and services we make available, including through:
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and TrophyProfile, LLC.
- This Statement makes up the entire agreement between the parties regarding TrophyProfile, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing TrophyProfile.