Terms Of Service

Last updated: March 18, 2018

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.flussby.com website (the "Service") operated by FLUSSBY ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Mission

FLUSSBY is a professional social network and business process tracking service, whose goal is to unite people for successful collaboration on projects, exchange ideas, solve problems among trusted people, provide services for interactive data exchange, organize and conduct office work, and also search for like-minded people, investors, employers and employees.

Agreement

By clicking on "Create an account", "Join", "Join now", "Join FLUSSBY", "Sign up", etc., you agree to the Terms of Use of our services (including FLUSSBY, the corresponding mobile application, platform for Developers, additional services FLUSSBY UP, as well as any content or information provided within such services, together - "Services"), confirm that you have read and agree to our Privacy and Cookies Policy, and understand that we conclude a legally binding agreement (even if you use the Services on behalf of the company).

You must be at least [16] years of age to use FLUSSBY; by using FLUSSBY or agreeing to these Terms of Service, you warrant and represent to us that you are at least [16] years of age.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Notifications and service messages

You agree that FLUSSBY may notify you in the following ways: 1) using a banner when providing the Services; 2) using Service notifications system; 3) using an e-mail message sent to the address specified by you; 4) in other ways, including using cellular, phone or regular mail. You agree to keep your contact information up-to-date.

Messages, publications and exchange of information

FLUSSBY services allow the exchange of messages and information in various ways, for example, using your profile, publications and blogs, messages, presentations, links to news articles, job ads. The information and content that you share or which you post may be available to other Users or (if they are publicly available) to Visitors. FLUSSBY undertakes to respect your decision about who can view the relevant content or information for which there are special settings. Keep in mind that all actions performed by you, with the exception of actions having public (public) status are by default confidential and are visible only to those to whom they are addressed (for example: posting publications in a private project, sending private content or message, etc.).

We are not obligated to publish any information or content in the provision of the Services and we are entitled to delete them at our discretion, either with prior notification or without it.

The license that you provide to FLUSSBY

In the relationship between you and FLUSSBY, you own the content and information you sent or posted by using the Services and provide FLUSSBY with only the following non-exclusive license: international, transferable and sublicenseable right to use, copy, modify, distribute, publish and process information and content provided by you through the Services, without further consent, notification and / or compensation to you or others. These rights are limited in the following ways.

You can terminate this license for specific content by removing such content when using the Services, or in general by closing your account. Exceptions are: (a) you shared content with others when using the Services, and they copied or saved it; (b) it takes a certain amount of time to remove content from the backup system and other systems.

FLUSSBY undertakes not to include your content in advertisements relating to third-party products and services (including sponsored content) without your separate consent. However, we have the right, without compensation to you or others, to place advertisements next to your content and information, and your comments to the sponsored content may be displayed in accordance with the Privacy Policy.

FLUSSBY agrees to obtain your consent if you want to grant the right to others to publish your messages outside the Services. However, other Users and / or Visitors can access and share your content and information in accordance with the level of your contact with them and your settings.

FLUSSBY has the right to edit and change the format of your content (for example, translating it, changing the size, layout or file type, and also deleting metadata), but undertakes not to distort the meaning you have laid down.

Since you own your content, and we have only non-exclusive rights to it, you can make it available to other people, including the terms of the Creative Commons license.

You agree that FLUSSBY may access, store and use any information you provide in accordance with the terms of the Privacy Policy and your privacy settings.

When sending offers or other feedback on the Services to FLUSSBY, you agree that we may (but are not obligated to) use and transmit such reviews to others for any purpose without payment of compensation to you.

You agree to provide content or information only if they do not violate the law and the rights of others (for example, a contract or intellectual property rights). In addition, you agree to post only true information in your profile. In some countries, the law may oblige FLUSSBY to remove certain information or content.

Please note that the information you publish relating to the project in which you are participating becomes an integral part of this project and is transferred by you to the ownership of the User who created the project. In turn, if you are excluded from such a project, you will lose access to any information from this project, regardless of whether you or someone else from the project is the author of this information.

Availability of Services

FLUSSBY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), change and adjust prices in the future, with or without notice at any time. You agree that FLUSSBY shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.

FLUSSBY is not a data storage service. You agree that FLUSSBY assumes no obligation to store, maintain or provide you with a copy of any content or information provided by you or others other than what is required by law and in accordance with the terms of FLUSSBY Privacy Policy.

THIRD-PARTY LINKS AND SERVICES

Our Service may contain links to third-party web sites or services that are not owned or controlled by FLUSSBY.

FLUSSBY has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that FLUSSBY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Restrictions

FLUSSBY reserves the right to restrict your use of the Services, including the number of your contacts and your ability to communicate with other Users. FLUSSBY reserves the right to restrict, suspend or terminate your account if it considers that you violate this Agreement or the law or use the Services improperly (for example, violating the requirements of the "Permitted and prohibited actions" section).

FLUSSBY retains all of its intellectual property rights as part of the provision of the Services. For example, FLUSSBY, the stylized inscription FLUSSBY, FLUSSBY emblems, as well as other trademarks, service marks, images and emblems associated with FLUSSBY are trademarks or registered trademarks of FLUSSBY. Other trademarks and logos associated with the Services may belong to their respective owners.

WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

IN THESE CASES WHEN PERMITTED BY LAW, FLUSSBY AND THOSE WITH WHICH FLUSSBY WORKS FOR THE SERVICE: (A) DISCLAIMS ALL IMPLIED WARRANTIES AND STATEMENTS (EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, AND NON-INFRINGEMENT) ; (B) DO NOT GUARANTEE CONTINUITY OR INABILITY OF SERVICE; (C) PROVIDE SERVICES (INCLUDING CONTENT AND INFORMATION) ON THE "AS IS" AND "IF IT IS AVAILABLE" CONDITIONS.

TO THE EXTENT PERMITTED BY LAW, (and if the company FLUSSBY not conclude a separate written agreement replaces THIS AGREEMENT) FLUSSBY And those with whom FLUSSBY work together to provide services, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, FACT SHEET, FUTURE OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, POSSIBILITIES, REPUTATION, PROFITS, OR REVENUES IN CONNECTION WITH SERVICES (EXPRESS OR IMMEDIATELY, FOR AN INCLUSIVE OR CLEARNESS, STATUTORY OR LOSS, USE OR CHANGE E OF YOUR INFORMATION OR CONTENT).

IF you are a resident of California, you give up the rights granted by §1542 California Civil Code, which states: "GENERAL RELEASE OF LIABILITY SHALL NOT APPLY TO CLAIMS, whose existence was in their favor AT THE TIME OF SUCH RELEASE CREDITOR DOES NOT KNOW OR is not suspected, AND WHICH, IF IT HAD BEEN KNOWN ABOUT THEM, MAY HAVE A SIGNIFICANT IMPACT ON ITS CALCULATIONS WITH THE DEBTOR ". WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PRESENT OR REPRESENTATION OF FLUSSBY OR IN CONNECTION WITH THEM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RESPONSIBILITY OF FLUSSBY AND THOSE WITH WHOM FLUSSBY JOINTLY WORK FOR THE PROVIDING OF SERVICES, UNDER NO CIRCUMSTANCES SHOULD BE EXCEEDED (IN COLLECTIVITY FOR ALL ACTIONS) the amount actually paid by You for the Service (if any) in the previous twelve (12) months.

SUCH LIMITATION OF LIABILITY IS ONE OF THE FOUNDATIONS OF TRANSACTION (DEAL) BETWEEN YOU AND FLUSSBY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (INCLUDING, WHETHER BASED ON WARRANTY, TORT, NEGLIGENCE, CONTRACT LAW) EVEN IF ADVISED FLUSSBY OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF FAILURE WITH SUCH REMEDIES OF LEGAL PROTECTION OF ITS MAIN GOAL.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH CASES, THE RELEVANT LIMITATIONS TO YOU MAY NOT APPLY, IN THESE CASES FLUSSBY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Termination of use

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Republic of Moldova, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service..

Permitted actions. When using FLUSSBY, it is allowed and recommended:

Comply with all applicable laws, including, inter alia, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulations;

Provide reliable information and keep it up-to-date;

Use in your profile a real first and last name;

Use the Services professionally and for business purposes.

Prohibited actions. When using FLUSSBY it is forbidden:

Act unfairly or unprofessionally, including placing unacceptable, inaccurate or questionable content;

Add content to the data field that is unreliable or unsuitable for this field (for example, when the phone number or phone numbers, e-mail addresses, postal addresses, or any personally identifiable information for FLUSSBY are entered in the "post" field or any other field the corresponding field is not provided);

Use in your profile an image that is not your photograph a close-up or portrait;

Create false accounts at FLUSSBY;

Give false information about their current or previous position and qualifications;

Give false information about their connections with a person or organization in the past or present;

Misleading about his personality, including through the use of a pseudonym;

Create a User profile for someone other than yourself (the actual person);

Invite strangers to join the network of contacts;

Use or attempt to use someone else's account;

Cause harassment, insult or damage to another person;

Send spam or other unwanted messages to other people;

Collect or copy data from profiles and information of other persons by any means (including using spiders, add-ons and browser plug-ins, as well as any other technologies or manually);

Act unlawfully, defamatory, offensive, indecent, discriminatory or otherwise in an unacceptable manner;

Disclose information without the right to disclose it (for example, confidential information of other persons, including their employer);

Violate the intellectual property rights of other persons, including the rights to patents and trademarks, trade secrets, copyright and other property rights;

Violate the intellectual property rights or other FLUSSBY rights, including, among other things, the use of the word "FLUSSBY" or the FLUSSBY logos in any commercial name, e-mail address or URL, unless otherwise provided for in the Brand Guidelines;

Use FLUSSBY invitations to send messages to unfamiliar people;

Place any unwanted or unauthorized advertisements, questionable messages, spam, "letters of happiness", schemes of financial pyramids or impose services in any other form not authorized at FLUSSBY;

Send messages by mailing lists, lists of news subscribers or lists of members of groups;

Place content containing software viruses, worms, or any other malicious code;

Manipulate identifiers to hide the origin of any message or advertisement transmitted through the Services;

Create profiles or provide content promoting an escort agency or prostitution;

Create or use a financial pyramid, conduct fraudulent or other similar activities;

Copy or use information, content or data of other persons available when using the Services (unless explicitly permitted);

Copy or use at FLUSSBY information, content or data related to competing services (as defined by FLUSSBY);

Copy, modify or use to create derivative works of FLUSSBY, Services or any related technologies (unless explicitly authorized by FLUSSBY);

Reverse engineering, decompiling, reverse assembling, decrypting, or otherwise attempt to obtain the source code of the Services or any related technologies in whole or in part;

Imply or declare your connection with the FLUSSBY partnership, or receive advice and support from FLUSSBY without the express consent of FLUSSBY (for example, by posing as an accredited FLUSSBY instructor);

Grant for temporary use, lease or rent, exchange, sell or resell access to the Services or any information and data associated with them;

Sell, sponsor or otherwise monetize any function of the Services without the consent of FLUSSBY;

Place external links to the Services for any purpose other than promoting your own profile or project at FLUSSBY (as stated in the Brand Guidelines) without the consent of FLUSSBY;

Delete any notices of copyright, trademark and other proprietary rights contained in the Services;

Remove or hide any advertisement that is part of the Services, as well as to prevent its display;

Collect, use, copy or transmit any information received from FLUSSBY without the consent of FLUSSBY;

Transfer or disclose information of other persons without their express consent;

Use manual or automated software products, devices, scripts, robots or other methods and processes to view and extract data from the Services or any information and data associated with them;

Use robotic programs or other automated methods to access the Services, add or download contacts, send or forward messages;

Monitor the availability, performance or functionality of the Services for any competing purposes;

Recreate, mirror or otherwise simulate the appearance or operation of the Services;

Access services not via interfaces explicitly provided by FLUSSBY, such as relevant mobile applications, the website "flussby.com";

Block any of the security features of the Services;

Interfere with the normal operation of the Services or create an excessive load on them (for example, using spam, Denial of Service (DoS) attacks, viruses, game algorithms);

Content Claims

FLUSSBY respect the intellectual property rights of others. Therefore, we require that the information posted by the Users be accurate and does not violate the intellectual property rights and other rights of third parties.

FLUSSBY contact information

If you have any questions about these Terms, please contact us by email: info@flussby.com