10.2. What Information Do We Collect? We collect information from you when you visit our website/app, register on our site, do a transaction, subscribe to our newsletter, respond to a survey or fill out a form.
• Name / Username
• Phone Numbers
• Email Addresses
• Mailing Addresses
• Billing Addresses
• Debit/credit card numbers
.We also collect information from mobile devices for a better user experience, although these features are completely optional:
Photo Gallery (Pictures): Granting photo gallery access allows the user to upload any picture from their photo gallery, you can safely deny photo gallery access for this website/app.
10.3. How Do We Use The Information We Collect?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience (your information helps us to better respond to your individual needs)
• To improve our website/app (we continually strive to improve our website/app offerings based on the information and feedback we receive from you)
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions
• To administer a contest, promotion, survey, or other site feature
• To send periodic emails
10.4. When does Fleckings use end user information from third parties?
Fleckings will collect End User Data necessary to provide the Fleckings e-services to our customers.
End users may voluntarily provide us with information they have made available on other social media websites.
If you provide us with any such information, we may collect publicly available information from the other social media websites you have indicated.
You can control how much of your information other social media websites make public by visiting these websites and changing your privacy settings.
10.5. Do we share the information we collect with third parties?
We may share the information that we collect, both personal and non-personal, with third parties such as advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose e-products or e-services we think may interest you. We may also share it with our current and future affiliated companies and business partners, and if we are involved in a merger, asset sale or other business reorganization, we may also share or transfer your personal and non-personal information to our successors-in-interest.
We may engage trusted third-party service providers to perform functions and provide e-services to us, such as hosting and maintaining our servers and the website/app, database storage and management, e-mail management, storage marketing, credit card processing, customer service and fulfilling orders for e-products and e-services you may purchase through the website/app.
We will likely share your personal information, and possibly some non-personal information, with these third parties to enable them to perform these e-services for us and for you.
We may share portions of our log file data, including IP addresses, for analytics purposes with third parties such as web analytics partners, application developers, and ad networks. If your IP address is shared, it may be used to estimate general location and other techno graphics such as connection speed, whether you have visited the website/app in a shared location, and type of the device used to visit the website/app. They may aggregate information about our advertising and what you see on the website/app and then provide auditing, research and reporting for us and our advertisers.
We may also disclose personal and non-personal information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate in order to respond to claims, legal process, to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.
10.6. Where and when is information collected from customers and end users? Fleckings will collect personal information that you submit to us when you register on our website. We may also receive personal information about you from third parties as described above.
10.7. How Long Do We Keep Your Information? We keep your information only so long as we need it to provide Fleckings to you and fulfill the purposes described in this policy. This is also the case for anyone that we share your information with and who carries out e-services on our behalf. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we'll either remove it from our systems or depersonalize it so that we can't identify you.
10.8. Is the information collected through the Fleckings Service secure?
We implement a variety of security measures to maintain the safety of your personal information when you do a transaction or enter, submit, or access your personal information. We take precautions to protect the security of your information.
We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. Therefore, while we use reasonable efforts to protect your personal information, we cannot, however, ensure or warrant the absolute security of any information you transmit to Fleckings or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards.
10.9. Could my information be transferred to other countries? Fleckings is incorporated in Nigeria. Information collected via our website, through direct interactions with you, or from use of our help e-services may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using any of the above, you voluntarily consent to the trans-border transfer and hosting of such information.
10.10. Can I update or correct my information? You can
(1) Update or correct your personally identifiable information,
(2) change your preferences with respect to communications and other information you receive from us, or
To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
10.14. Payment Details. In respect to any credit card or other payment processing details you have provided us, we commit that this confidential information will be stored in the most secure manner possible.
10.15. Kids' Privacy. We do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.
10.17. Third-Party E-Services.
We may display, include, or make available third-party content (including data, information, applications and other e-products and e-services) or provide links to third-party websites or e-services.
You acknowledge and agree that Fleckings shall not be responsible for any Third-Party e-services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Fleckings does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party e-services. Third-Party e-services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
10.18. Contact Us. Do not hesitate to contact us if you have any questions. Via this Link: https://fleckings.com/contact-us.
• Be safe – Be civil and respectful in every single interaction.
• Be trustworthy – Use your true identity and share information that is real and authentic.
• Be professional – Keep content professionally relevant and on topic.
11.1 Introduction. Thank you for using Fleckings, where the world's professionals come together to find jobs, stay informed, learn new skills, and build productive relationships. The content that you contribute to Fleckings should be professionally relevant and meant to contribute to the Fleckings community in a constructive manner.
Together we can make our community a place where everyone is respectful, compassionate, and honest, which, in turn, creates economic opportunity for everyone.
These Community Policies continually evolve to ensure our members have a safe, trusted, and professional experience on Fleckings.
Tell us if you see something unsafe, untrustworthy, or unprofessional.
If you see something you believe may violate our policies, whether in profiles, posts, messages, advert, comments, or anywhere else, please report it to us. Combined with our automated defences, these reports help us identify and prevent abuse and misbehaviour.
Violating our community policies can result in action against your account or content.
These policies apply to all members. Depending on the severity of violation, we may limit the visibility of certain content or remove it entirely. If you believe a item of content was removed in error, you can appeal from the link provided in the removal notice. Repeated or severe offenses can result in a temporary or permanent restriction from Fleckings. If you believe action taken on your account was in error, you can submit to appeal your case.
11.2. Be safe.
We require every member to be civil and respectful as they engage on Fleckings.
Do not be hateful: We don't allow content that attacks, denigrates, intimidates, dehumanizes, incites or threatens hatred, violence, prejudicial or discriminatory action against individuals or groups because of their actual or perceived race, ethnicity, national origin, caste, gender, gender identity, sexual orientation, religious affiliation, or disability status. Hate groups are not permitted on Fleckings.
Do not use racial, religious, or other slurs that incite or promote hatred, or any other content intended to create division.
Do not engage in unwanted advances: We do not allow unwanted expressions of attraction, desire, requests for a romantic relationship, marriage proposals, sexual advances or innuendo, or lewd remarks.
Do not use Fleckings to pursue romantic connections, ask for romantic dates, or provide sexual commentary on someone's appearance.
Do not harass or bully:
We do not allow bullying or harassment. This includes abusive language, revealing others' personal or sensitive information (aka "doxing"), or inciting or engaging others to do any of the same.
Do not threaten, incite, or promote violence:
We do not allow threatening or inciting violence of any kind.
We don't allow individuals or groups that engage in or promote violence, property damage, or organized criminal activity. You may not use Fleckings to express support for such individuals or groups or to otherwise glorify violence.
Do not share harmful or shocking material:
We do not allow content that is excessively gruesome or shocking. This includes content that is sadistic or gratuitously graphic, such as the depiction of severe physical violence.
We do not allow content or activities that promote, organize, depict, or facilitate criminal activity. We also do not allow content depicting or promoting instructional weapon making, drug abuse, and threats of theft.
Do not engage in or promote non-consensual sexually explicit content (e.g., revenge porn), escort e-services, prostitution, exploitation of children, or human trafficking. Do not share content or activities that promote or encourage suicide or any type of self-injury, including self-mutilation and eating disorders. If you see signs that someone may be considering self-harm, please report it.
Do not post terrorist content or promote terrorism: We do not allow any terrorist organizations or violent extremist groups on our platform. And we do not allow any individuals who affiliate with such organizations or groups to promote their activities. Content that depicts terrorist activity, that is intended to recruit for terrorist organizations, or threatens, promotes, or supports terrorism in any manner is not tolerated.
11.3. Be Trustworthy. We require you to use your true identity on Fleckings, provide accurate information about yourself or your organization, and only share information that is real and authentic.
Do not share false or misleading content:
Do not share content in a way that you know is, or think may be, misleading or inaccurate, including misinformation or disinformation.
Do not share content to interfere with or improperly influence an election or another civic process. We may prevent you from posting content from sites that are known to produce or contain misinformation.
Do not share content that directly contradicts guidance from leading global health organizations and public health authorities.
Do not post content that denies a well-documented historical event such as the Holocaust or slavery.
Do not share false content or information, including news stories, that present untrue facts or events as though they are true or likely true.
Do not post "deep fake" images or videos of others or otherwise post content that has been manipulated to deceive.
Do not engage in spam or scams: We do not allow untargeted, irrelevant, obviously unwanted, unauthorized, inappropriately commercial or promotional, or gratuitously repetitive messages or other similar content.
Do not use Fleckings to sensationalize or capitalize on tragic events for commercial purposes.
Do not use our invitation feature to send promotional messages to people you do not know or to otherwise spam people. Please make the effort to create original, professional, relevant, and interesting content to gain popularity, instead of trying ways to artificially increase the number of views, re-shares, likes, or comments. Respond authentically to others' content and do not agree with others ahead of time to like or re-share each other's content.
11.4. Be professional. We require content to be professionally relevant and on topic, such as sharing and gaining expertise; hiring and getting hired; teaching and acquiring new skills; and engaging in actions that allow you and others to be more productive and successful.
Do not share content containing sexually explicit material or language (some adult content may be allowed if the intent is clearly educational, medical, scientific, or artistic, and it's not gratuitously graphic).
Do not interact with others or share content in a way that is irrelevant, inappropriate, disrespectful, or otherwise inflammatory.
Do not share junk mail, spam, chain letters, phishing schemes, or any other scams are also prohibited.
11.5. Respect others' rights and follow the law. Before sharing or using someone else's copyrighted works, trademarks, private information, or trade secrets, make sure you have the legal right to do so. Fleckings should not be used for illegal activities, promoting illegal e-products, or violating the rights of others.
Do not use it to commit fraud or to try to trick others, or to intentionally distribute viruses, worms, or other software that can destroy or interrupt others' data or computer devices.
Respect others' privacy: You may not solicit email addresses or other personal information from Fleckings members you don't know without authorization; use, disclose or distribute on Fleckings any data obtained in violation of any of our policies or agreements; disclose information that you don't have the right to disclose (such as personal or confidential information of others, including your employer); or post or distribute content depicting children without the necessary consent from their legal guardian or parent.
Do not use others' names, likenesses, or photos to suggest an endorsement of a e-product, e-service, or investment without their prior consent.
Comply with the law: You must comply with all applicable laws, including, for example, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
Do not use Fleckings to create or operate a pyramid scheme, engage in fraud, or to sell or promote illegal e-products, including drugs. Respect the intellectual property of others and do not violate the intellectual property rights of others: We respect the intellectual property rights of others.
Do not violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license
11.6. Respect Flecking's rights.
11.6.1 Unauthorized access and use. Access Fleckings only in the manner that we expressly authorize, for the tasks that it is intended for. Do not access Fleckings except through the interfaces intentionally provided by us, such as its mobile applications and Fleckings.com.
11.6.2. Interference with Fleckings.
Do not interfere with the functionality of, or our rights in, the Fleckings service.
Do not remove any copyright, trademark, or other proprietary rights notices contained in or on any Fleckings service.
11.6.3. Respect our rules. You must follow the spirit and letter of our rules, agreements, and policies. Do not violate any additional terms concerning the specific Fleckings e-services that are provided when you sign up for or start using such e-services.
You agree that by clicking "Join Now", "Join Fleckings", "Sign Up" or similar, registering, accessing, or using our services (described below), you are agreeing to enter into a legally binding contract with Fleckings (even if you are using our services on behalf of a company). If you do not agree to this contract ("Contract" or "User Agreement"), do not click "Join Now" (or similar) and do not access or otherwise use any of our services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our services.
12.1. Services. This Contract applies to Fleckings.com, Fleckings-branded apps, Fleckings Learning and other Fleckings-related sites, apps, communications, and other services that state that they are offered under this Contract, including the offsite collection of data for those services, such as our ads and the "Apply with Fleckings" and "Share with Fleckings" plugins. Registered users of our services are "Members" and unregistered users are "Visitors".
12.2. Fleckings. You are entering into this Contract with owner of Fleckings, i.e., Cyreum Limited (also referred to as "we" and "us"). Cyreum Limited will be the controller of your personal data provided to, or collected by or for, or processed in connection with our services.
12.3 Members and Visitors. When you register and join the Fleckings services, you become a Member. If you have chosen not to register for our services, you may access certain features as a "Visitor."
13.1 Service Eligibility. Here are some promises that you make to us in this Contract: You are eligible to enter into this Contract and you are at least our "Minimum Age."
The services are not for use by anyone under the age of 14. To use the services, you agree that: (I) you must be the "Minimum Age" (described below) or older; (II) you will only have one Fleckings account, which must be in your real name; and (III) you are not already restricted by Fleckings from using the services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 14.
"Minimum Age" means 14 years old. However, if law requires that you must be older for Fleckings to lawfully provide the services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
13.2. Your Account. You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (I) use a strong password and keep it confidential; (II) not transfer any part of your account (e.g., connections) and (III) follow the law and our list of Dos and Don'ts and Professional Community Policy. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the services were purchased by another party for you to use (e.g., Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
13.3 Payment. You will honour your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. Refunds are subject to our policy.
If you buy any of our paid e-services ("Premium e-services"), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid e-services. Failure to pay these fees will result in the termination of your paid E-services. Also, you agree that:
• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
• We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
• You will pay the additional fees such as value added taxes, surcharge, and transaction fee provided at the payment gateway/window.
• We reserve the right to revise our fees. In this case, we will notify you within 5 days of such a change.
You can get a copy of your invoice through your Fleckings account.
13.4. Promotions and Earnings• Promotions such as earnings via posts apply as advertised or provided on any Fleckings (web and mobile) apps. Note that earnings are subject to further checks by Cyreum Limited.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
13.6. Sharing. When you share information on our e-services, others can see, copy and use that information.
Our e-services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, messages and InMail. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the e-services). Where we have made settings available, we will honour the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Fleckings connections, restricting your profile visibility from search engines, or opting not to notify others of your Fleckings profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster. We are not obligated to publish any information or content on our Service and can remove it with or without notice.
14.1. Your License to Fleckings. You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We will honour the choices you make about who gets to see your information and content, including how it can be used for ads.
As between you and Fleckings, you own the content and information that you submit or post to the e-services, and you are only granting Fleckings and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our e-services and the e-services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
• You can end this license for specific content by deleting such content from the e-services, or generally by closing your account, except
(a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and
(b) for the reasonable time it takes to remove from backup and other systems.
• We will get your consent if we want to give others the right to publish your content beyond the E-services. However, if you choose to share your post as "public", we will enable a feature that allows other Members to embed that public post onto third-party e-services, and we enable search engines to make that public content findable though their e-services.
• While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type, or removing metadata), we will not modify the meaning of your expression.
You promise to only provide information and content that you have the right to share, and that your Fleckings profile will be truthful.
You agree to only provide content or information that does not violate the law nor anyone's rights (including intellectual property rights). You also agree that your profile information will be truthful. Fleckings may be required by law to remove certain information or content in certain countries.
14.2. Service Availability. We may change or end any e-service or modify our prices prospectively.
We may change, suspend, or discontinue any of our e-services.
We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
14.3. Other Content,
Sites and Apps. Your use of others' content and information posted on our e-services, is at your own risk. Others may offer their own e-products and e-services through our Services, and we are not responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. Fleckings generally does not review content provided by our Members or others.
You agree that we are not responsible for others' (including other Members') content or information.
We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news.
Members have choices about this feature. Fleckings may help connect Members offering their e-services (career coaching, accounting, etc.) with Members seeking e-services. Fleckings does not perform nor employs individuals to perform these e-services. You must be at least fourteen (14) years of age to offer, perform or procure these e-services. You acknowledge that Fleckings does not supervise, direct, control or monitor Members in the performance of these e-services and agree that
(1) Fleckings is not responsible for the offering, performance or procurement of these e-services,
(2) Fleckings does not endorse any particular Member's offered e-services, and
(3) nothing shall create an employment, agency, or joint venture relationship between Fleckings and any Member offering e-services.
If you are a Member offering e-services, you represent and warrant that you have all the required licenses and will provide e-services consistent with our Professional Community Policy. Failure to offer or deliver an e-product or e-service within a reasonable time or a maximum of 24 hours may lead to payment refund to the buyer with/without additional fees charged to the seller of the e-product or e-service. If you would not be able to offer or deliver the e-product or e-service within the timeframe due to something beyond your control, please contact the buyer to explain the reason for the delay and let us know for any additional support or assistance.
If you do not receive the e-product or e-service you have paid for, please contact the seller as your first step and you can also contact Fleckings to try and resolve the problem. Similarly, Fleckings may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that
(I) Fleckings is not responsible for the conduct of any of the Members or other attendees at such events,
(II) Fleckings does not review and/or vet any of these events, and
(III) that you will adhere to these terms and conditions that apply to such events.
We have the right to limit how you connect and interact on our e-services.
Fleckings reserves the right to limit your use of the e-services, including the number of your connections and your ability to contact other Members.
Fleckings reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the e-services (e.g., violating any of the Dos and Don'ts or Professional Community Policy).
14.5. Intellectual Property Rights.
We are providing you notice about our intellectual property rights.
Fleckings reserves all of its intellectual property rights in the e-services.
Trademarks and logos used in connection with the e-services are the trademarks of their respective owners.
Fleckings, and "in" logos and other Fleckings trademarks, service marks, graphics and logos used for our e-services are trademarks or registered trademarks of Fleckings.
14.6. Automated Processing.
We use data and information about you to make relevant suggestions to you and others.
We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
15.1. No Warranty. This is our disclaimer of legal liability for the quality, safety, or reliability of our
E-services. FLECKINGS AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE E-SERVICES, INCLUDING ANY REPRESENTATION THAT THE E-SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE E-SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, FLECKINGS AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15.2. Exclusion of Liability. These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS FLECKINGS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), FLECKINGS, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. FLECKINGS AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO FLECKINGS FOR THE E-SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.
15.3. Basis of the Bargain; Exclusions.
The limitations of liability in this Section are part of the basis of the bargain between you and Fleckings and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Fleckings or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of e-services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
We can each end this Contract, but some rights and obligations survive. Both you and Fleckings may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the E-services. The following shall survive termination:
• Our rights to use and disclose your feedback
• Members and/or Visitors' rights to further re-share content and information you shared through the E-services
• Applicable sections of this Contract in our sole discretion.
• Any amounts owed by either party prior to termination remain owed after termination.
Here are some important details about the Contract. If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. This Contract (including additional terms that may be provided by us when you engage with a feature of the e-services) is the only agreement between us regarding the e-services and supersedes all prior agreements for the e-services.
If we do not act to enforce a breach of this Contract, that does not mean that Fleckings has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of e-services) to anyone without our consent. However, you agree that Fleckings may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Section 13.
18.1 Dos Fleckings is a community of professionals. This list of "Dos and Don'ts" along with our Professional Community Policy limit what you can and cannot do on our E-services. You agree that you will: a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements b. Provide accurate information to us and keep it updated c. Use your real name on your profile, and d. Use the e-services in a professional manner.
18.2. Don'ts You agree that you will not:
• Create a false identity on Fleckings, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another's account
• Develop, support, or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the e-services or otherwise copy profiles and other data from the e-services.
• Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views)
• Copy, use, disclose or distribute any information obtained from the e-services, whether directly or through third parties (such as search engines), without the consent of Fleckings
• Disclose information that you do not have the consent to disclose (such as confidential information of others)
• Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license
• Violate the intellectual property or other rights of Fleckings, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using the word "Fleckings" or our logos in any business name, email, or URL except as provided and approved by Cyreum Limited
• Post anything that contains software viruses, worms, or any other harmful code
• Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the E-services or any related technology that is not open source
• Imply or state that you are affiliated with or endorsed by Fleckings without our express consent (e.g., representing yourself as an accredited Fleckings trainer)
• Rent, lease, loan, trade, sell/re-sell or otherwise monetize the e-services or related data or access to the same, without Fleckings's consent
• Deep link to our e-services for any purpose other than to promote your profile or a Group on our e-services, without Fleckings's consent
• Use bots or other automated methods to access the e-services, add or download contacts, send, or redirect messages
• Monitor the e-services' availability, performance, or functionality for any competitive purpose
• Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the E-services
• Overlay or otherwise modify the e-services or their appearance (such as by inserting elements into the e-services or removing, covering, or obscuring an advertisement included on the e-services)
• Interfere with the operation of, or place an unreasonable load on the e-services (e.g., spam, denial of service attack, viruses, gaming algorithms)
• Political affiliation: Users must not request any political affiliation information.
• Health information: Users must not request any health information without obtaining our prior permission.
• Criminal history: Users must not request criminal or arrest history information without obtaining our prior permission.
• Sexual orientation: Users must not request sexual orientation information without obtaining our prior permission.
• Race or Ethnicity: Users must not request information regarding race or ethnicity without obtaining our prior permission.
• Religion: Users must not request religion belief information without obtaining our prior permission.
• Account details: Users must not request account details without obtaining our prior permission.
• Insurance information: Users must not request insurance information without obtaining our prior permission.
• Financial information: Users must not request financial information including bank account numbers, credit or debit card numbers, or debt without obtaining our prior permission.
Our Contact information. Our Help Center also provides information about our service. For general inquiries, you may contact us online.