1. Introduction
1.1. Contract
By using our services you agree to all terms and conditions. Your use of our services is subject to our Privacy Policy. It describes how we collect, use, share and store your personal information.
You agree to enter into a legally binding contract with FairlinkID (even if you are using our services on behalf of a company or promoter) when you register with FairlinkID, access or use our services (as described below). If you do not agree to this contract (“Contract” or “User Agreement”), you should not access our services. If you wish to terminate this Agreement, you may do so at any time by closing your account and by not accessing or using our Services.
This Agreement applies to FairlinkID.com, the FairlinkID App and other FairlinkID affiliated websites, apps, communications and other services expressly offered under this Agreement, including offsite data collection for these services. Registered users of our services are “Members” and unregistered users are “Visitors”.
FairlinkID
You are entering into this agreement with FairlinkID GmbH (also referred to as “we” or “us”)
This contract applies to members and visitors.
As a visitor or member of our Services, the collection, use and disclosure of your personal information is subject to this Privacy Policy and other documents referred to in this Privacy Policy) and its updates.
1.2. Members and visitors
When you register for the services of FairlinkID and join FairlinkID you become a member. If you do not register for our services, you can access certain features as a “visitor”.
1.3. Change
We are entitled to make changes to this contract.
We have the right to change this contract and our privacy policy. If we make material changes, we will notify you through our services or otherwise so that you have the opportunity to review the changes before they take effect. We accept that changes cannot be made retroactively. If you do not agree with any changes, you can close your account. Your continued use of our services after we post or notify you of changes in these Terms will mean that you agree to be bound by the updated Terms from the date they become effective.
2. Obligations
2.1. Service Eligibility
In this contract you assure us of the following, among other things:
You are entitled to enter into this contract and have reached the required “minimum age”.
The Services are not intended for use by minors under the age of 16.
To use the services, you agree to the following: (1) You are of “minimum age” (as defined below); (2) You are not already restricted by FairlinkID from using the Services. Creating an account using false information is a violation of our Terms, including accounts opened in the name of others or for persons under the age of 16.
The “minimum age” is the age of 16 years. However, if the law requires that you must be older for FairlinkID to legally provide you with the Services (including the use of your information) without parental consent, “minimum age” means the appropriate higher age.
2.2. Your account
You will keep your password secret.
You will not share an account with others and will abide by our terms and conditions and the law.
Members are account holders. You agree to the following: (1) You will choose a secure password and keep it secret and confidential; (2) You will not transfer any part of your account to anyone else (for example, contacts); and (3) You will comply with the law and FairlinkID Community Guidelines (what you may and may not do on FairlinkID). You are responsible for all actions taken through your account unless you have closed the account or reported abuse.
2.3. Payment
According to the written agreement in the offer or the order confirmation.
2.4. Notices and messages
You agree that we may send you notices and messages through our websites, apps and contact information. If the contact information you provide is not current, you may not receive important communications.
You agree that we may send you notices and messages in the following ways: (1) within the Service or (2) to the contact information you provide (e.g., email address, mobile phone number, postal address). You agree to keep your contact information up to date.
2.5. Sharing
When you share information about our services, other people can see, copy and use that information.
Our services allow you to share news and information in many ways, including news, group messages, and event live announcements. Information and content that you share or send may be seen by other members, visitors, or third parties (including outside the Services). We respect the choices you make about who can see what content or information (for example, the content of your messages or content shared with FairlinkID contacts).
3. Rights and limits
3.1. Your License to FairlinkID
FairlinkID does not claim ownership of the information you submit for your FairlinkID account or through our services. You must have the necessary rights with respect to such information you submit for your FairlinkID account or through our Services and the right to grant the rights and licenses under our terms and conditions.
Your license to FairlinkID. In order for us to operate and provide our Services, you grant FairlinkID a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and perform the information (including content) that you upload, transmit, store, send or receive on or through our Services. The rights you grant under this License are limited to the purpose of operating and providing our Services (for example, to allow us to display your profile picture and status message, to transmit your messages, to store your undelivered messages on our servers for up to 30 days while we attempt to deliver them, and otherwise as set forth in our Privacy Policy).
The license from FairlinkID to you. We grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use our Services in accordance with our terms and conditions. This license is solely for the purpose of enabling you to use our Services in the manner permitted by our Terms. Except for the licenses and rights expressly granted to you, no license or right is granted to you by implication or otherwise.
Reporting infringements of the copyright, trademark and other intellectual property of third parties. You have the opportunity to report alleged copyright, trademark or other intellectual property infringements of third parties. We may take action regarding your account, including deactivating or suspending your account, if you infringe the intellectual property rights of others.
3.2. Service Availability
We are constantly striving to improve our services. This means that we may add or remove our services or features and support for certain devices and platforms. Our services may be interrupted, for example, for maintenance, repairs, enhancements, or due to network or equipment failures. We may discontinue some or all of our services at any time, including certain features and support for certain devices and platforms, with 30 days’ notice if possible. Events beyond our control may affect our services, such as natural disasters and other force majeure events.
Termination/Cancellation. Although we hope you remain a FairlinkID user, you may terminate your relationship with FairlinkID at any time for any reason by deleting your account.
We may also modify, suspend or terminate your access to or use of our services at any time for suspected or unlawful conduct, including, but not limited to, fraud, or if we reasonably believe that you are in breach of our terms or causing harm, risk or potential legal liability to us, our users or others. The following provisions shall survive any termination of your relationship with FairlinkID: “Licenses”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Dispute Resolution”, “Availability and Termination or Cancellation of our Services” and “Other”. If you believe that the termination/cancellation or suspension of your account was in error, please contact us at info@fairlinkid.com
3.3. Other content, sites and apps
Our Services may allow you to access, use or interact with third party websites, apps, content or other products and services. Please note that these terms and conditions and the Privacy Policy apply only to your use of our services. If you use third party services, their own terms, conditions and privacy policies will apply to your use of those services.
3.4. Limits
We are entitled to restrict your use of our services.
FairlinkID reserves the right to restrict your use of the services, including the number of contacts and ability to contact other members. FairlinkID reserves the right to restrict, suspend, or terminate your account if you violate this Agreement, the law, or misuse the Services.
3.5. Intellectual property rights
We draw your attention to our intellectual property rights.
FairlinkID reserves all intellectual property rights to the Services. The trademarks and logos used in connection with the Services are trademarks of their respective owners. The FairlinkID trademark, logos and other FairlinkID trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of FairlinkID.
3.6. Automated processing
We use data and information about you to provide you and others with relevant suggestions.
We use the information and data provided by you and (other) members to provide recommendations on contacts and features that may be useful to you. For example, we use data and information about you to find members you are interested in using our search function in order to link to them. By providing an up-to-date and accurate profile, you help us make these recommendations relevant and accurate.
4. Disclaimer and Limit of Liability
4.1. No warranty
We hereby disclaim all liability for the quality, safety or reliability of our services.
FAIRLINKID AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, FAIRLINKID 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.
4.2. Exclusion of Liability
These are the limitations of liability that may apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS FAIRLINKID HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), FAIRLINKID, 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.
FAIRLINKID AND ITS AFFILIATES SHALL 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 FAIRLINKID FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) 50 EUROS.
4.3. Basis of the bargain; exclusions
The limitation of liability in this Section 4 is part of the basis of the agreement between you and FairlinkID GmbH and applies to all liability claims (such as warranty, tort, negligence, contractual or otherwise), even if FairlinkID GmbH or its affiliates have been advised of the possibility of such damages and even if such remedies fail to achieve their intended purpose.
These limitations of liability shall not apply in cases of death or personal injury, fraud, gross negligence or wilful misconduct, breach of a cardinal duty, the latter being a duty which is a condition of our provision of the Services and which you may rely upon to be complied with, but only to the extent that the damages are directly caused by the breach and were foreseeable at the time of entering into this Agreement and to the extent that such damages are typical damages in connection with this Agreement.
5. Termination
Either party may terminate this Agreement, but certain rights and obligations shall survive termination.
Both you and FairlinkID may terminate this agreement at any time by notifying the other party. Upon termination, you lose the right to access or use the Services. Upon termination, the following will continue to apply:
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We are entitled to use and disclose your feedback.
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Members and/or visitors are entitled to share content and information that you have shared through the Services.
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Sections 4, 6, 7 and 8.2 of this Agreement.
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All amounts owed by one of the parties before termination to the other shall remain owed after termination.
6. Governing Law and Dispute Resolution
In the unlikely event that any dispute arises, you and FairlinkID agree to submit to the courts of the Canton of Bern, Switzerland, under the laws of Switzerland and its cantons.
This paragraph is not intended to deprive you of any mandatory consumer protection rights that are required by law in the country where we provide the Services to you and where you have your habitual residence.
7. General terms
Here you will find important information about the contract.
If a court of competent jurisdiction finds that any part of this Agreement is unenforceable, we and you agree to the court to modify the terms and conditions so that the affected portion is enforceable, but without affecting the intent of the agreement. If the Court is unable to do so, both parties agree to request the Court to remove the unenforceable portion and continue to enforce the remainder of this Agreement.
This Agreement (including additional terms and conditions which we will notify you of each time you use certain features of the Services) is the only agreement between us relating to the Services and supersedes any prior agreement relating to the Services.
If we do nothing to counter a breach of this Agreement, it does not mean that FairlinkID has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of the Services) to any person without our permission. You acknowledge, however, that FairlinkID may assign this Agreement to its affiliates or to a party acquiring the business without your permission. There are no third-party beneficiaries in this contract.
You acknowledge that you will send legal notices to us only to the address listed in section 10.
8. FairlinkID “Do’s and Don’ts”
8.1. Do’s
FairlinkID is a community. This Code of Conduct and the Community Guidelines restrict what you can and cannot do within our services.
You agree to the following statements:
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You will comply with all applicable laws, including, without limitation, data protection laws, intellectual property laws, anti-spam laws, export regulations, tax laws and regulatory requirements.
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You provide us with correct information and ensure that it is always up to date.
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You use your real name in your profile.
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You use the services in a professional manner.
8.2. Don’ts
You agree that you will refrain from doing the following:
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Create a false identity on FairlinkID, misrepresent your identity, create a member profile for someone other than yourself (a natural person), or use or attempt to use another person’s account;
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Develop, support or use any software, devices, scripts, robots or other means or processes (including crawlers, browser plug-ins and add-ons and other technologies) to scrape the Services or otherwise copy profiles and other data from the Services;
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Override security features or override or circumvent other access controls or usage restrictions (such as restrictions on searches or profile views);
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Copy, use, disclose or distribute information obtained directly or through third parties (such as search engines) from the Services without FairlinkID’s permission;
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Disclose information unless you have permission to do so (for example, confidential information about others, including your employer);
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Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, and other proprietary rights; for example, do not copy or distribute the contributions or other content of others without their permission;
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Violates FairlinkID’s intellectual property or other rights, including but not limited to (i) copying or distributing our technology unless it has been released under an open source license, or (ii) using the word “FairlinkID” or our logos in a company name, email, or URL;
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Publish anything that contains software viruses, worms or other malicious code;
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Reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of the Services or any related technology that is not open source;
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Impersonate any person associated with or recommended by FairlinkID (for example, impersonating a FairlinkID trainer) without our express permission;
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Rental, lease, loan, trade, sell/resale or otherwise monetize the Services or related data or access the Services or related data without FairlinkID’s consent;
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Deep-link to our Services without FairlinkID’s permission for any purpose other than posting your profile or promoting a group on our Services;
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Use bots or other automated methods to access the Services, add or download contacts, and send or redirect messages;
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Monitor the availability, performance and functionality of services for competitive purposes;
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“Framing”, “mirroring” or otherwise simulating the appearance or functioning of the Services;
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Hide or otherwise modify the Services or their appearance (such as by adding elements to the Services or removing, obscuring or concealing any advertising present in the Services);
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Obstruct the operation of the Services or place an unreasonable burden on them (for example, through spam, denial of service attacks, viruses, game algorithms);
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Violate the community guidelines or other conditions regarding a particular service that is being provided.