Terms of Use

The Datafloq.com website and service (the “Service”) which is operated by Datafloq BV, with Dutch Chamber of Commerce number 61258059 (“Company”). By using the Service, you agree to be bound by these Terms of Use.

Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service. These Terms of Use are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.

Use of the Service

You may use this Service solely for personal and commercial purposes and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.

Registration

You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. When you register, we ask you to verify your email address. Without verification you cannot use the additional features of the Service.

Your License to Company

The Service may provide you with an opportunity to share and upload, or submit to public forums, contests, sweepstakes, programs or other aspects of the Service, your photos, videos, text, questions, answers, code and other information (collectively any submission or derivative thereof is referred to as “Content”). You hereby grant Company a perpetual license to use, redact, republish, copy, sell, distribute, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you as part of the Service or in support of the Service through advertising and marketing. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.

Acceptable Use Policy

Company expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behaviour by any user, you should report such activity to Company at info[at]Datafloq.com.

You are solely responsible for the Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the Service. In addition, you agree that any Content you publish on the Service is yours, that you own the copyright to that Content or that you have secured the rights to use that Content on the Service. It is solely your responsibility to ensure copyright of your Content and the Service cannot be held liable and accountable when you fail to do so. Any fines as a result of breaching someone’s copyright are to be paid by you.

Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

  • is defamatory, abusive, obscene, profane or offensive;
  • infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • promotes or encourages violence;
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • contains personal information of any party such as phone numbers, addresses, license plate numbers for which you have not received approval to publish etc;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Company is under no obligation to screen or monitor Content but may review Content from time to time at its sole discretion to review compliance with this Terms of Use and blogger guidelines. Company will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

Voting

From time to time certain aspects of the Service may involve voting through a variety of mechanisms potentially including web-based and/or mobile voting. Company reserves the right to adjust the outcome of any voting associated with the Service if it believes, in its sole discretion, that any mechanism of fraud, abuse, or automated voting has influenced the result. Furthermore, Company will consider the outcome of voting in association with the Service but may use other factors in addition to voting to determine various aspects of the Service associated with voting.

Termination of Access

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause in case of breaching the Terms of Use. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy

The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy.

Links

This Service may contain links to other websites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.

Affiliate Program

Affiliate Partners get rewarded for signing up companies that purchase any of the products of the Service. Partners will receive a 25% commission for each purchase for up to 12 months per referral. The following terms and conditions apply to our affiliate program:

  • You can create banners or links and place it on website anywhere you seem fit, as long as these are legit website and non-spam emails or clickbait websites.
  • Company reserves the right to change the products available at any time, without giving prior notice to the affiliate partner.
  • Adult, Hate, Gambling or other related sites are not allowed.
  • You will be paid your commissions at the end of the month, as long as there is a minimum balance of € 100,-.,
  • All statistics are collected and calculated by Datafloq and will be the only valid statistics used for determining commissions.
  • Any page that contains Datafloq links, banners, or code must be written in English.
  • As an affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate or merchant accounts are strictly prohibited.
  • You won't hold Company liable for anything, a link to a non-Datafloq.com Website does not mean that Datafloq endorses or accepts any responsibility for the content or the use of such Website.
  • You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
  • You may place banners or links within your newsletters, in the content of your website, or within other web related content.
  • Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be assessed once per calendar month, until the balance is equal to zero dollars - and is closed. At no time will an affiliate ever owe money to Datafloq based on fees - the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged into for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state.
  • NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
  • NOT ALLOWED: Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
  • NOT ALLOWED: Any display of a merchant window that isn't the result of a direct click by the end-user.

Browser Plugin and FLOQ Tokens

Company has released a browser plugin (the “Plugin”) as part of its Service. This Plugin enables users to rate content based on quality, fake news probability and plagiarism probability. Users who rate content receive FLOQ Tokens (the “Tokens”) as a reward for their services. The following terms and conditions apply to the Plugin and Tokens:

  • No rights can be derived from your FLOQ token balance that is shown within your profile.
  • Users who want to rate articles or publish articles using the Service have to have a verified account on the Service.
  • As a reward for rating articles across the web, users receive Tokens. These tokens do not contain any monetary value. Tokens cannot be exchanged for any fiat or crypto currency and users with Tokens cannot hold Company responsible for distributing Tokens in any manner. Tokens can only be exchanged for IMGN Tokens if and when Company launches the Imagjn project and successfully launches and completes a Token Generation Event.
  • In case, for whatever reasons, Company does not launch the Imagjn Project, users cannot claim and have no rights to any monetary or crypto value in exchange for Tokens.
  • Company is not responsible in case, for whatever reason, a user’s Tokens disappear. Tokens that have been lost do not have to be replaced by Company.
  • Company uses third party services in relation to Plugin, but Company cannot be held accountable for any bugs, mistakes or errors that occur due to bugs, errors or mistakes in those third-party services.
  • Tokens are distributed based on the Trust Score a user has as well as the Reputation Score authors have. Company reserves the right to change how Tokens are distributed at any time, without giving prior notice to users and without having to reimburse users for the consequences of such changes.
  • Users are not allowed to use any fraudulent or automated ways to rate articles in order to obtain Tokens. Users who are found to be doing so, will be instantly banned and will lose all Tokens earned.
  • Users who publish Content on Service will need to have a minimum quality level for Content to be published automatically. If this level is not achieved, the Content has to be approved by Company. User will receive Tokens based on initial quality level of article as submitted by User.
  • Company cannot be held liable for the loss of FLOQ tokens, or the inability to exchange the FLOQ tokens for Imagjn tokens if the Imagjn tokens are not launched due to whatever reason.

Consultancy Terms

Company also provides consultancy services to organisations. Company undertakes that it will perform the services and supply the deliverables expressly described in a Proposal (“the Service”) that is signed between Company and the Client with reasonable skill and care and in a good manner. Company will use consultants with appropriate skills and experience for the provision of the Service. Company may only replace those consultants with consultants of suitable experience and suitability.

Company agrees to deliver the Service within a reasonable time. Both Parties will use all reasonable endeavours to meet any target date, project plan or time table referred to in the signed Proposal (“Date”).

The Proposal sets out the proposed fees, costs and expenses for the Service (“the Price”). All fees, costs and expenses referred to in the Agreement are exclusive of VAT, sales and similar taxes of any kind as well as exclusive of travel, and/or accommodation expenses.

Unless otherwise set out in the Proposal the Price shall be payable in two instalments as follows: (i) as to 50%, on acceptance of the Agreement; and (ii) as to 50% on completion of the Service, within 8 business days.

If the customer does not fulfil the obligations under the agreement and this failure justifies termination, then Company is entitled to terminate the agreement with immediate effect without any obligation to pay any damages or compensation, while the customer, due to the breach of contract, is obliged to pay compensation to Company.

If the Client cancels or postpones until a later moment where Company is no longer available, an order placed entirely or partially, then the work already carried out over, plus any costs involved, will have to be paid by the Client to Company. In addition, the following is applied, unless otherwise agreed in the Proposal:

  • Cancellation up to 90 days before the start of the project: 25% of the price in the Proposal, plus any cost involved in work already carried out.
  • Cancellation 31 and 90 days before the start of the project: 50% of the price in the Proposal, plus any cost involved in work already carried out.
  • Within 30 days before the start of the project: 100% of the price in the Proposal

Each Party accepts liability without limit for death or personal injury to any person due to its negligence or the negligence of its employees.

In respect of any liability other than those falling within the above clause and subject to clause below, each Party’s total liability arising out of or in connection with the Agreement shall not exceed in aggregate 100% of the total fees payable by the Client under this Agreement.

Neither Party shall in any circumstances be liable to the other whether in contract, tort (including negligence) or otherwise for any loss of profit, loss of contracts, loss of benefit, loss of production, loss of availability, loss of data, loss of anticipated savings, loss of reputation, loss of goodwill or loss of use suffered or incurred directly or indirectly by the other Party, any consequential, indirect or special loss or damage howsoever arising and of whatsoever nature or any punitive or exemplary damages.

Nothing in this Clause shall affect or limit the Client’s obligation to pay sums properly due under the Agreement.

Company shall not, under any circumstances, be liable to the Client for any loss or damage resulting from a modification, adjustment or repair to the results of the Service or from any use by the Client of such results in a manner outside the reasonable contemplation of the Parties at the time the Agreement was made. Any such modification, adjustment, repair or use shall be undertaken at the Client’s sole risk.

Company shall not be responsible for any loss, damage, cost or expense arising from, or from any defect, mistake or inaccuracy in any Client Materials or information specified or supplied by the Client; any loss, damage, cost or expense arising there from shall be for the sole account of the Client.

Payments

Organizations (Clients) and Customers are entitled to buy memberships or credits on the Service. The following services can be purchased on the Service:

  • Featured credits to publish job posts on Datafloq. 1 featured credit entitles a job post to remain featured online for 30 (thirty) days from the moment the credit is used. One featured credit entitles the user to receive additional promotion of the job post, which includes being shown on the homepage and on top of relevant search research. A featured credit is valid for 30 (thirty) days or less if the promotion is purchased at a later stage of the job post. In that case the job post will remain featured until the job post expires, unless the job post is renewed than the featured credit will fulfil to the total of 30 days. In addition, the Customer will get access to analytics, but Company bears no responsibilities towards these analytics.
  • Premium company profile within the company Index. This will enable the company to receive leads, have extended visibility on the Service via additional profile options and receive unlimited access to the professional database for the duration of the subscription. Company is not responsible for any content shown on the profile nor does not offer any guarantees in terms of leads received. The user can get in touch with the professionals in the database. There is no guaranteed minimum of professionals in the database.
  • Premium user profile, which entitles the Customer to be more visible on Datafloq, be shown on top of relevant search results and applications and be able to open the profile for anyone to contact the Customer. In addition, the Customer will get access to analytics, but Company bears no responsibilities towards these analytics. The user will also receive double the number of FLOQ tokens for the duration of the subscription.

Payment

  • Client will pay Company in accordance with the required subscription via a valid credit card: MasterCard, Visa or American Express.
  • Company uses Stripe to process credit card payments. No credit card details are stored with Company.
  • Notwithstanding anything to the contrary in these Terms of Use, all subscriptions will be automatically renewed using the credit card on file. Client is responsible for updating credit card information when necessary. Declined credit cards will result in immediate cancellation of the subscription. As a result, the Client could lose leads and profile details. Company is not responsible for when this occurs.
  • Company reserves the right to alter all product and service pricing without notice.
  • Company reserves the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
  • When you place an order, you will automatically receive a confirmation email from Company to confirm your order.
  • All Company’s Subscriptions are non-refundable. Clients are not entitled to any refunds or prorations for cancellation, partial-month usage, or non-usage of the Service.
  • Company does not guarantee any leads when Customer buys a subscription plan, nor does Company guarantee a minimum of applicants, job posts or contacts.
  • All subscriptions automatically renew at the end of each term. You will be charged in advance of your payment period until your membership is cancelled. Such automatic renewal applies to both annual and month-to-month subscriptions. Client must cancel the Service before the monthly or annual renewal date in order to avoid automatic billing of subscription fees for the renewal term.
  • Your membership period begins on the date on which you register for the Service and finishes on the day before that calendar date the following period.
  • Company cannot be held liable or accountable for the quality and content of the leads supplied by visitors, the information on the profile or in the posts published.
  • Purchased featured credits will not expire, unless the Company will cease to exist.

Intellectual Property

You are responsible for the Content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.

You acknowledge and agree that all Content you provide on the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you:

(i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You acknowledge and agree that you are permitted to review, edit and submit the Content provided on the Service.

We do not claim ownership of any Content that you post on the Service. Instead, you hereby grant to Company a non-exclusive, fully paid, royalty-free, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the Website or through the Service, subject to our Privacy Policy.

Any image included in your Content have to be attributed correctly. Failure to do so could result in fines for which only the author is responsible. In no case, can Company be held responsible for plagiarising an image used in an article or failure to provide the correct attribution or copyright information. In case Company receives claims regarding copyright infringements, this claim will be forwarded to the respective author.

You are welcome to post content on Datafloq that you have published elsewhere, as long as you have the rights you need to do so. By posting content to Datafloq, you represent that doing so doesn’t conflict with any other agreement you have made.

Termination of Subscription Plan

Without prejudice to any remedy that Company may have against you, Company may terminate or suspend with immediate effect and without notice your access to and use of this Service and your membership if:

  1. It does not receive timely payment under your subscription;
  2. It reasonably believes that you have breached any of these Terms of Use;
  3. It is unable to verify the accuracy or validity of any information provided by you;
  4. Or it suspects fraudulent, abusive or illegal activity by you.

Should you object to any of these Terms of Use, or any subsequent changes to them, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue to access or use the Service.

You may cancel your membership at any time. Cancellation will take effect from the next payment period and you will not be entitled to a refund for any membership fee already paid. Once you cancel your subscription, you will no longer be able to receive leads. Any leads already received will remain available. Any premium content that you added on you profile will be removed.

Company also reserves the right to cancel your subscription for any reason, provided that we give you written notice of such cancellation and, in the event of cancellation, pay you a pro-rata refund for the outstanding portion of your subscription.

Our Proprietary Rights

Company or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.

No Warranties

THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser fifty euros (€50).

Indemnity

You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law

This Agreement shall be governed in accordance with the laws of The Netherlands, without giving effect to any conflicts of law principles. You agree to the exclusive jurisdiction of the Court of The Hague, the Netherlands for resolution of any disputes arising out of or concerning this Agreement.

Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Email: info[at]Datafloq.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other terms of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information

Should you have any questions you may contact us at info[at]Datafloq.com.

Effective Date

These Terms of Use were last updated on December 20, 2019.

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