Terms and Conditions for the User

TERMS AND CONDITIONS FOR USERS BY USING THE FLINBO PLATFORM YOU AGREE TO THESE TERMS AND CONDITIONS - PLEASE READ THEM CAREFULLY. These terms and conditions regulate the use of the services and content that FLINBO provides and makes available to users and content creators in its portal www.flinbo.com. FLINBO is a technical development provided via the Internet that allows interaction between Content Creators and their Users, sharing exclusive role-playing games. Access and use of the FLINBO platform, both to its contents and/or services as a User, is subject to the prior reading and full and unreserved acceptance of these terms and conditions in use at the time of visiting and/or registering on the social network. FLINBO informs you that these games may include adult content. This platform belongs to ZOEGA LTD with registration number HE 415522 with address and registered at Tseriou 136, 2nd Floor, Strovolos CY 2405 (Cyprus). FLINBO (www.flinbo.com) is an online platform that allows the viewing of images and videos, in a video role-playing format created by registered users creating content of interest to the FLINBO Community. We must inform you that these games may include adult content. The Platform allows the unidirectional exchange of this content, from the Content Creator to the registered users, in a pay-per-view relationship scheme. DEFINITIONS Interpretation in the terms and conditions of service: Platform: Solution provided over the Internet, designed to share paid content from the creators themselves. Users can access this content by purchasing exclusive videos. User: Any User who accesses the website, without creating an account or registering with FLINBO. Registered User: Any registered User of the Website who can acquire video games by purchase. Creator: Refers to a User who has set up his or her FLINBO account as a Creator account to post exclusive Content on FLINBO for other Users to view and purchase. Free actions: Allows users to view a limit number of actions of the game without any purchase. User/Creator Transaction: It refers to the commercial relationship between the user and the Creator user on the FLINBO website through which access to the Creator Content is granted. This contract and with it the relationship between both parties, will be born at the moment in which the User buys the video role-playing from the creator by activating the Purchase / Buy button. Payment Method: Any means of payment accepted to pay for the services, either through credit or debit card payments or through a payment provider. External suppliers: FLINBO's external provider that allows validating Users and carrying out transactions on the platform in order to manage their payments. Refund and Chargebacks: requested by Users and Processed by the Payment Processor will be discounted from the Creators account pending balance. Payment: Money paid by a User to a Creator to view exclusive content. User Account: The section of the Website that can only be accessed by FLINBO or the registered User. Creator Account: The section of the website accessible only to FLINBO or the Content Creator that, among other things, details the payment provider and payment options, and personal information posted by the Content Creator. Content: Material published and uploaded to the FLINBO platform by a user creator, including photos, videos. Terms of Service: Use of the FLINBO platform implies acceptance of a binding agreement between you and FLINBO in all its forms; Legal Notice; Privacy Policy; Complaint Policy; Moderation Policy Terms of Use and the Verification Process. USER CONDITIONS OF ACCESS AND REGISTRATION TO FLINBO FLINBO is available at the following link: www.flinbo.com To create a user account on FLINBO you must register, and you must provide the email address of the account and a password generated independently by the User. Access with passwords of other Users is not permitted. Your password must be unique and must comply with the FLINBO site's technical requirements for password composition. You may also create a registered user account with the role of content creator at any time by "clicking on the "+" button and through your user account. You are aware that our CREATORS' Content contains adult material, and you acknowledge and agree that you have been informed of and have chosen to access and view the Content. We will not be liable to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a manner that would put you in breach of any contract you have with a third party (for example, your employment contract) or in violation of any applicable law. USER RESPONSIBILITY You must be of legal age according to the laws of the country or state in which you live and only then can you be legally bound by this agreement and to use our services. The User must access FLINBO in accordance with good faith, the rules of public order and these terms and conditions. Access to FLINBO is under the sole and exclusive responsibility of the User, who shall be liable in all cases for any damages that may be caused to third parties or to us. You must provide any other information or verification records that we require for the use of the platform under the terms and conditions set forth herein. If you do not meet the above requirements, you should not access or use FLINBO. You as a User, by registering with FLINBO, agree and confirm that: a. You have read, understand, and will fully comply with these terms and conditions and our privacy policy regarding the processing of personal data. b. You are aware that the commercial transaction is between Creator and User, FLINBO being a mere intermediary that makes available to Users a platform for interconnection between the parties and provides the means for all payments for services to be made. c. If you are using FLINBO on behalf of a company or other entity, you warrant that you are authorized to do so and bind the company or other entity to these terms and conditions. Such use on behalf of a company must be explicitly authorized in advance by FLINBO. d. All registration and user account profile information are true and accurate, and any user content you provide is your own and does not infringe the intellectual property rights or any other proprietary rights of any third party. e. At no time in the past has your FLINBO User account not been terminated or suspended for violation of these terms and conditions. f. Your registration with FLINBO is for your personal use only and you will not sell, rent, transfer, or allow access to your User Account to any third party. g. Not falsify account registration information or make unauthorized use of another person's information or content. h. You will maintain the confidentiality and security of your account/login details, including your user details, passwords and any other information that forms part of our security procedures, and will not disclose them to anyone else. You must ensure that you log out of your account at the end of each session. You should take special care when accessing your account from a public or shared device so that others cannot access it. If you believe that someone has used or is using your account without your permission, or if your account has been subject to any other breach of security or impersonation you should immediately notify FLINBO at the following email address [email protected]. FLINBO reserves the right to disable any username, password, or other identifier, whether chosen by you or provided by FLINBO, at any time in FLINBO's sole discretion for any or no reason, including if, in FLINBO's sole discretion, you have violated any of the terms in these Terms. USER ACCOUNT FLINBO grants Users an account subject to these Terms of Use, granted on a conditional, revocable, non-transferable, non-sublicensable, non-exclusive basis, and limited to the use and purpose of FLINBO. To view the content, you must first purchase the game from the corresponding Creator and pay the price by the payment methods provided. Types of actions in the game Free: Each content creator may determine which actions of a game may be free to allow a user to explore the game. FLINBO is the only one that can determine in the application if for promotional purposes, creators may have free game actions or not. Game: A game consists of several actions. In the game there is the possibility to preview actions for free before buying it. A game will always have a minimum and maximum number of actions. This number will be set by FLINBO to maintain a quality standard. RULES OF USE OF THE FLINBO PLATFORM FLINBO offers Users access to a virtual space where a user can acquire content from a creator, for a determined price. When using FLINBO, Users must respect the following rules and conditions: Do not use FLINBO to stalk, harass, abuse, bully, harass, threaten, or intimidate anyone else. Do not use FLINBO to engage in deceptive or misleading conduct or conduct that is likely to deceive or mislead any other User. Do not do anything that violates our rights or anyone else's rights, including intellectual property rights (examples of which are copyrights, trademarks, confidential information, and goodwill), personality rights, privacy, and data protection rights. Do not impersonate us, one of our employees, another User or any other person or company, or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company. Do not use other means or methods (e.g., the use of keywords or signs) to communicate anything that violates this Policy. Do not create, post, link to or distribute obscene, unlawful, fraudulent, defamatory, libelous, hateful, discriminatory, threatening, or harassing Content of a creator, or that in any way incites violence or violates any of the above prohibitions. Do not create, post, link to or distribute Content of a creator when it Infringes another person's copyright, trademark, right of privacy, right of publicity or other personal property or right or any other right belonging to FLINBO (e.g., using another person's name, likeness, image, or other identity without proper consent). Do not redistribute the content of the CREATORS. Distribution outside the platform is prohibited because it would be violating the copyright and FLINBO's rights. You must respect the intellectual property rights of the Creators, including by not recording, reproducing, sharing, communicating to the public or distributing their Content without authorization. Do not promote or advertise escort services. Do not promote or advertise prostitution or similar services. Do not promote or advertise firearms or other weapons, drugs, or drug paraphernalia. Do not promote any illegal activity, or advocate, promote or assist any illegal act. Do not promote causing unnecessary distress, discomfort, or anxiety or that annoys, embarrasses, alarms, or intimidates any other person. Do not promote content that is not owned by the Creator and does not have a valid account or control all rights to the Content Creator. Do not remove, delete, modify, or alter any copyright, trademark or other proprietary rights contained in any User Content that is not owned by you. Do not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. Do not decompile, disassemble, reverse engineer, or attempt to discover or derive the source code of FLINBO. Do not interfere in any way with the operation of FLINBO or any server, network or system associated with the social network, including but not limited to: hacking, email bombing, flooding, overloading or "denial of service" attacks; investigating, scanning or testing the vulnerability of the site or any server, network or system associated with the site; violating or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you; or accessing another User's account that you are not expressly authorized to access. Do not use any automated programs, tools, or processes (including, but not limited to, web crawlers, robots, spider bots and automated scripts) to access FLINBO or any server, network or system associated with FLINBO, or to mine, harvest, collect or gather FLINBO content or information. Do not engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website or that, as determined by FLINBO, may harm you or Users of the Website, or expose you or Users of the Website to liability. Do not use the FLINBO name, logo or any related or similar name, logo, product and service name, design, or slogan other than in the limited ways that are expressly permitted in the Terms of Service or with our prior written agreement. It is forbidden to use the platform to obtain external access and contact between the Creator and the User to avoid paying through the platform and, therefore, to make direct payments between them. FAILURE TO COMPLY WITH THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR USER ACCOUNT AND PREVENT YOU FROM REGISTERING WITH THE FLINBO COMMUNITY. In case you consider that the content published by a CREATOR does not comply with the FLINBO community rules or you detect illegal or illicit content, please inform us immediately: [email protected] FLINBO OBLIGATIONS a) Ensure the proper functioning of the Platform and the relationship between user/creator. b) To safeguard and protect personal data by providing technical and organizational security measures. c) Offer you the best possible experience as a user on the platform. d) Ensure the safety of the FLINBO community. LIMITATIONS OF LIABILITY By making this platform available to Users, we wish to offer them a quality service and virtual space, using the utmost diligence in the provision of the same, as well as in the technological means used. However, we shall not be liable for the presence of viruses and other elements that may damage, in any way, the User's computer system or the entity to which it belongs. FLINBO does not guarantee the regular activity of the Content Creator, or the type of content produced. If the User is dissatisfied with the frequency or content posted, the User should inform the Content Creator through the REPORT option in the game or contact FLINBO at [email protected]. FLINBO disclaims any liability that may arise from the improper use of FLINBO's interactive tools and communication systems, from the dissemination of content by the interlocutors, and when non-relevant data has been provided, in accordance with FLINBO's purpose. FLINBO does not guarantee that the availability of the platform will be continuous and uninterrupted, due to circumstances caused by force majeure, problems in the Internet network, failures, or technological breakdowns, own or external, arising from the current state of technology and other unforeseeable circumstances, so the User agrees to bear such circumstances within reasonable limits and expressly disclaims any liability for them to FLINBO. FLINBO does not guarantee that access to and interaction on the social network is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not FLINBO is compatible with your device. FLINBO disclaims any liability that may arise from the improper use of FLINBO's interactive tools and communication systems, for the dissemination of content by the interlocutors, and when non-relevant data has been provided, in accordance with FLINBO's purpose. It is forbidden to perform any action on FLINBO that causes an excessive operational overload of our computer systems, as well as the introduction of viruses, or installation of robots, or software that alters the normal operation of FLINBO, or that ultimately may cause damage to our computer systems. The User assumes all liability arising from the use of FLINBO, being solely responsible for any direct or indirect effect on FLINBO, including, but not limited to, any adverse economic, technical and/or legal result, as well as the frustration of expectations caused by FLINBO, and the User agrees to hold FLINBO harmless for any claim arising directly or indirectly from such events. The User acknowledges having understood all the information relating to the Terms of Use of our website and acknowledges that the same are sufficient for the exclusion of the error in the same. Therefore, the User fully and expressly accepts them. PAYMENT A single User may make a maximum of 10 Transactions per day, and in no case may the daily limit of USD 300 be exceeded. PAYMENT METHOD Users who have added a valid payment method to their account may purchase Creator Content by clicking "Buy Game", "Unlock Game" or similar button on or near the Creator Content. If you purchase Content/Video Game, you authorize the Company to automatically charge the payment method registered for the content. Payment by credit or debit card FLINBO. accepts payment for purchases made through the Website with the following credit or debit cards: Visa, Visa Electron, 4B, Mastercard. In case the payment method chosen by the customer is a credit or debit card, the charge will be made online, that is to say, in real time, through the payment gateway of the corresponding financial entity, once it has been verified that the data provided are correct. CURRENCY All prices are quoted in U.S. dollars, and applicable rates will be applied according to the territory from which the transaction is made. We have no control over currency exchange rates or fees imposed by your payment card provider or bank and neither we nor our subsidiary companies will be responsible for paying any charges or fees imposed by your payment card provider or bank. If you choose to provide details of two or more payment cards, if you attempt to make a User Payment from the first card and the card is declined for any reason, the other payment card will be used to collect the full Fan Payment. RELATED TAXES If the Company is required to collect or pay any taxes in connection with your purchase of a paid service, those taxes will be charged to you at the time of each purchase transaction. In addition, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and/or use of a paid service. These taxes may include duties, customs duties, value added tax or other taxes (other than income tax), together with related penalties or interest, as applicable to your purchase or the country of purchase. PAYMENT PROCESSOR You authorize the payment processor to collect any payment/transaction made on the FLINBO platform. We use a third party payment provider and gateway, and reserve the right in its sole discretion to process any and all payments associated with FLINBO. Your payment information is stored by a third party payment processor, PxP Financial We must inform you that this provider uses secure payment systems of leading financial institutions in electronic commerce. In this sense, the confidential payment data are transmitted directly and encrypted (SSL) to the corresponding financial institution only accepts transactions CES (Secure Electronic Commerce) including, if applicable, the international protocol 3D Secure. Secure Electronic Commerce is an initiative whose basic principle is to guarantee the security of Internet transactions. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for complying with those terms. In addition, we disclaim any liability associated with your violation of those terms. For more information you can refer to their privacy policy ( add paymen policy processor ) We are not liable to you for any loss or damage suffered by you that is not a foreseeable result of our breach of the "Terms" of purchases or our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time you agreed to the "Terms" of purchases. REFUND Generally, our standard policy is that purchases and/or fees associated with your account are final and non-refundable. However, we reserve the right to respond to any refund request and issue refunds in appropriate cases, at our sole discretion. Each claim will be evaluated individually before any refund is issued. You agree that you will not make unwarranted refund requests with respect to any User/Creator Transaction, or unwarranted chargeback requests from your payment card provider in connection with any User/Creator Transaction. If we believe that you have made any refund or chargeback request in bad faith, we have the right to suspend or delete your user account. Returns and claims will be applied in cases of duplicity or payment problems. However, they will always be carried out under the Policies established by the Payment Processor. In those cases, what FLINBO will do is take your request and/or claim and will transfer your request to the Payment Processor who will determine the resolution and whether it considers that the request should prosper or not, the latter being the one who will execute the reimbursement within the terms and periods established directly to your card or the means by which you paid on the platform. WITHDRAWAL FLINBO informs you that upon acceptance of our policies and Terms and Conditions of Use you lose your right of withdrawal. By paying for a PPV, the registered User expressly agrees that the corresponding Title (digital content) will be made available to him/her immediately after this payment, before the expiration of the legal deadline to withdraw from the contract. The Registered User acknowledges that he/she does not have the right to withdraw from the contract as it is digital content and made available to him/her before the withdrawal period expires. Therefore, FLINBO expressly warns that the Registered User, as a consumer, does not have the right to withdraw from the contract and request a refund. CANCELLATION OF THE ACCOUNT You can unsubscribe at any time. The User can deactivate his FLINBO account in the User Account section, the deactivation will be handled as soon as possible. No additional fees will be charged for cancellation, and all current purchased games will be deleted without the option to access the purchased content at a later date. ACCOUNT DEACTIVATION BY FLINBO FLINBO will deactivate your account as a USER for inactivity of the service. When FLINBO does not register activity for more than 12 months on the platform, understood as inactivity as not logging in within the established period. At any time, the license granted by FLINBO may be revoked and/or terminated without prior notice to any User when it considers that he/she has violated the conditions governing the use of the platform or any applicable regulations without the User having the right to make any claim for this type of action. FLINBO reserves the right to remove any comments or content posted in violation of these terms and conditions. Likewise, FLINBO reserves the right to take appropriate legal action against those who violate these General Conditions of Use, and the User/Creator accepts that the failure to initiate such actions does not constitute a formal waiver thereof, and such actions shall remain in force until the legal statute of limitations for non-compliance has expired. DATA PROTECTION In FLINBO we care about your privacy as a USER and therefore we inform you that the data and information about your identity and bank details provided on our platform will be treated in accordance with the provisions of current regulations on data protection, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data for the sole purpose of carrying out the publication of its contents and this agreement. It is not foreseen to communicate the data to third parties except for legal obligation. The Platform undertakes to keep the identity and banking information provided by being email and address and IP address by adopting all security measures of a technical and organizational nature necessary to ensure its confidentiality. You understand and agree that the FLINBO team may give access to your Personal Data to software development and maintenance service providers to the extent that such access is necessary for the provision of services. You may exercise your rights of access, rectification, deletion, and portability of your official identity data and those of limitation or opposition to the processing thereof, by writing to [email protected]. However, the withdrawal of consent will lead to the termination of the contract since the data are essential for the execution of the services. FLINBO will have access to the messaging system and its content and everything that is developed on the platform, must be reviewed, and monitored in order to verify compliance with these Terms and Conditions. For more information about the treatment of your data see our privacy policy. INTELLECTUAL PROPERTY All content, text, images and source codes are the property of FLINBO or third parties for which the right of use has been obtained and are protected by Intellectual and Industrial Property rights. The User is only entitled to a private and non-profit use of them, and needs express authorization to modify, reproduce, exploit, distribute or exercise any right belonging to their owners. FLINBO is a registered trademark, and its reproduction, imitation, use or insertion without due authorization from its owners is prohibited. FLINBO disclaims any liability for any claim regarding the intellectual property rights of the content and images posted by third parties on the social network, being the responsibility of the person who publishes them. External links to FLINBO do not confer any rights over them. Likewise, the mere fact of establishing a link to FLINBO does not entitle the User to the status of collaborator. The User may establish links in accordance with the law and without damaging FLINBO's reputation or taking advantage of it. The User may not:  Establish a link from any website that is not owned or authorized by you.  Cause the website or parts of the website to be displayed or appear to be displayed on any other site, e.g., deep links or inline links. MODIFICATION OF THE TERMS These terms and conditions may be modified to adapt to legislative changes having to modify the regulatory requirements that apply to FLINBO and the services, features, and programs where such changes require FLINBO to change its terms and conditions in a manner that does not allow us to give you reasonable notice, so we encourage you to check their currency when you access the platform. If we have to suspend the entire Service to deal with an imminent unforeseen event related to the defense of FLINBO, we will notify you in advance unless there are extenuating circumstances that prevent us from doing so, such as security issues, fraud, spam, data breaches, among others. FLINBO is always striving to improve the Service and to provide you with additional features that are attractive and useful to you. We may from time to time add features or product enhancements, make configuration changes and/or remove features. If these actions do not materially affect your rights and obligations, we may not inform you of them before taking them. APPLICABLE LAW AND JURISDICTION Jurisdiction and validity of the general conditions of access to the Website, all matters relating to FLINBO are governed by Directive 2011/83/EU of the European Parliament and of the Council and in its absence by the Laws of the Republic of Cyprus. If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable for any reason by a court of law or any other competent body of jurisdiction, such provision shall be eliminated or limited to the minimum extent so that the remaining provisions of the Terms of Use remain in full force and effect. If you have any questions about these FLINBO terms and conditions, please contact us at: [email protected] Last update September 2022