WEBSITE AND CLOUD MINING SERVICE TERMS
THESE TERMS OF SERVICE APPLY TO THE USE OF FLYMINING CLOUD SERVICE AND THE FLYMINING.CLOUD WEB SITE LOCATED AT FLYMINING.CLOUD AND ITS SUBDOMAINS.
These Terms set the work of the cloud service to find solutions to the hash function based on SHA-256 algorithm to organize the structure of the blockchain system, and also describe associated rights and obligations. Terms of Service FLYMINING.CLOUD, any instructions, manuals and similar information on the website are also applicable to how you use FLYMINING.CLOUD (together "Agreement"). By using the website and / or service you agree to these Terms of Service; if you do not agree, do not use the Site and / or Service.
Flymining is entitled, at its sole discretion, to make changes, add, delete partly or all of these Terms at any time. It is your responsibility to periodically check these Terms for changes. The current version of the Terms is available at https://FLYMINING.CLOUD/home/terms. Your continued use of the Website and / or Service after the update of the Terms means that you accept and agree to the changes. For the entire period of your agreement to these Terms, Flymining grants you a non-exclusive, non-transferable, limited right to enter and use the Website and Service.
1. ABOUT THE SERVICE, THE WEBSITE AND THESE TERMS OF SERVICE
1.1. This Agreement (referred to as the "Terms") is concluded between Flymining Sàrl (also referred to in these Terms as "FLYMINING", "WE", "US" or "OUR"), and YOU (also referred to in these Terms as "CLIENT", "USER", "YOU", "YOUR" ), a person who accesses and uses the cloud service FLYMINING.CLOUD, and accepts these Terms.
1.2. In these Terms:
1.2.1. a reference to "Digital Currency", "Digital Currencies" is a reference to distributed, decentralized, equitable digital currencies:
184.108.40.206. "Bitcoins" is a reference to a digital currency known as Bitcoin;
220.127.116.11. "Altcoins" is a reference to all non-Bitcoin digital currencies such as Litecoin or Ethereum;
1.2.2. "Clients" are persons who registered at the site FLYMINING.CLOUD and purchased contracts for obtaining the services for searching solutions to hash functions using SHA-256 algorithm using a cloud machine;
1.2.3. "Hardware" means computer equipment owned by FLYMINING which is used to provide the Service;
1.2.4. "Processing Power" is a technical characteristic of the equipment showing the speed of calculations - the number of solutions of the hash function of a given algorithm per unit of time. The unit of measure is h / s (hash per second). It is connected with a special algorithm of operation (SHA-256, Scrypt, X11, etc.) and cannot be used outside the context of a particular algorithm;
1.2.5. "Reserved Processing Power" (hereinafter referred to as "RPP") is a numerical quantity characterizing the amount of computing power given to the Client on the basis of the Contract;
1.2.6. "Cloud Machine" is an image of the processing capacity of the Service on the Internet reserved by the Client and managed by him through the Personal Account of the Website;
1.2.7. "Service" is a FLYMINING service dealing with the use of the Cloud Machine which allows individual Users to remotely realize high-performance search for hash functions;
1.2.8. "Support" or "Client Support Service" or "Client Support" is a technical support service of FLYMINING which is provided through e-mail where the clients can find answers to common questions and ask for help by sending a request;
1.2.9. "Personal Account" is the interface of the Service which the Client can use to perform all activities related to the Service;
1.2.10. "Website" is the site FLYMINING.CLOUD and any applications, software, e-mails or other websites that we use to provide services of FLYMINING.CLOUD (including the Service).
1.2.11. "Payout" is a periodic deposit to your balance account (expressed in conventional digital currency units of payment for confirmed hash function decisions taken in the selected platform of Blockchain – Bitcoin or other platform of blockchain) depending on your Cloud machine and calculated according to the formula:
Payout = (received by FlyMining payment from the network / total hashrate of FlyMining * Your hashrate of FlyMining) (1)
The cost price is the cost of the services provided by FLYMINING and expressed in conventional units of payment for the processing power given to you. FLYMINING can modify periodicity of payments at any time to the most frequent, once a day;
1.2.12. "Scope of Services" is the total number of hash function computations for an established period of time produced by the Client's Cloud Machine. Calculated according to a formula:
Scope of Services = RPP * (1 – Cost of price / (number of decisions verified by the platform) * Payment)) (2)
1.2.13. “Personal Account” is your personal access to the Service (described further in section 6);
1.2.14. "Balance" is your personal account balance;
1.2.15. "Contract" means the paid access to the Cloud machine with a certain Processing power;
1.2.16. "Contract Term" is a period in which the Client has agreed to use the Cloud Machine, by default FLYMINING grants Contracts for 3 years, unless otherwise specified;
1.2.17. "Hold" is a condition used as a security measure into which an Account can be placed. This condition does not allow the specified account to make any withdrawals of the Balance;
1.2.18. "Pre - order" is a contract with a date of beginning in the future. This date is flexible and can be changed.
1.2.19. "Referral program" or "Affiliate program" is a functional that allows the Client to get financial payments for Contracts purchased by other Clients;
1.2.20. "Referral code" is an alphanumeric sequence (at least six characters in length) connected with the Client's account;
1.2.21. "Referral link" is a URL with a referral code that allows a new Client to register with FLYMINING;
1.2.22. "Referral" is a Client who was registered with a referral link of another Client;
1.2.23. "Referrer" is a Client who invited another Client to register with a referral link;
1.2.24. "Referral purchase" is a purchase that was made by a Referral;
1.2.25. "Referral bonus" is a payment received by the Referee for referral purchase;
1.2.26. "Affiliate network" is an outside website that allows any person (with or without FLYMINING account) to receive payments for contracts for FLYMINING acquired by referral clients.
1.3. These Terms apply to any results that you perform using the Service and the Website and they constitute a legal agreement between you and FLYMINING when accepting the Application for the opening of the Account (as indicated below).
1.5. WE DO NOT HAVE THE POSSIBILITY TO STATE STRICTLY HOW MANY BITCOINS, ALTCOINS OR ANY OTHER DIGITAL CURRENCY CAN BE MINED BY A CLIENT AND / OR A SPECIFIC CLOUD MACHINE, BUT WE APPLY TO THIS ALL REASONABLE EFFORTS.
1.6. By submitting an application for registration as a Client you acknowledge that you understand and accept the Terms of Service and agree that you will be bound by them. Your responsibility is to regularly check the Website for changes to the Terms of Service, instructions, recommendations and similar information found on the Site.
1.7. You can apply for registration as a Client only if:
1.7.1. You are 18 years old or more; and
1.7.2. It is legal for you.
1.8. In order to register you as a Client we may ask you to provide us with your identification or other documentation, as we are obliged to comply with the policy of preventing fraud and money laundering. It may include photographic identification and confirmation of the address. We guarantee non-disclosure of your identification information.
1.9. Clients are prohibited from visiting the Website or using the Service through anonymous proxies (for example, Tor) and other services or technologies hiding the real Internet connection of the User. We will block the connections via IP seen as Tor gateways and other.
SECTIONS 2 AND 3 ARE ASSOCIATED WITH THE FACT THAT FLYMINING SERVICES FOR SEARCHING DECISIONS OF THE HASHFUNCTION CAN BE APPLIED IN ONE OF THE COMMON BLOCKCHAIN SYSTEMS CONSIDERED AS DIGITAL CURRENCIES.
2. RISK NOTICE
2.1. Actions with digital currency bear inherent risks. In connection with the fact that they are not regulated and decentralized their value is not provided by any juridical entities. The cost of any Contract, any number of any digital currency can be changed by FLYMINING because of a number of factors out of FLYMINING's control. These factors include, but are not limited to, changes in production complexity and / or other production parameters / properties, fluctuations in the price of the digital currency with respect to the exchange rate, for example, Rub / BTC, hardware disruption and depreciation of equipment. You understand and agree that any Contract and any amount of the extracted digital currency may lose all value at any time due to the very nature of the digital currencies. You understand that you are solely responsible for the management of the digital currency on your balance sheet, as well as for any losses or charges incurred by an outside organization.
2.2. Any information relating to the cryptocurrency and the mining of a digital currency that was / is posted, published and / or provided by FLYMINING through any communication channel (including, but not limited to: the Website, the Personal Account, the Support Service, mail, social networks) can be changed.
3. DIGITAL CURRENCY
3.1. Being that we understand that the use of the Flymining Cloud machine may be associated with digital currencies, we must warn you about the peculiarities and risks of dealing with digital currencies; subparagraphs in this paragraph are of general recommendation character and refer to any work with digital currencies, even if it is not related to FlyMining.
3.2. You must not mine, buy, sell, change, retain, own or otherwise use the digital currency in ways that are prohibited by laws or other rules applicable to you.
3.3. The digital currency may not be for all people. Before mining digital currencies you need to get knowledge about them to make sure that they are appropriate for you. As all currencies there are drawbacks in the use of digital currencies. Some of the risks specific to digital currencies include:
3.3.1. Fluctuations in exchange rates - the price of a digital currency may fall sharply and may even fall to 0;
3.3.2. Transactions with digital currencies can be unverified for a certain period of time. Although very unlikely, but some transactions with digital currency may not be verified at all - transactions with crypto currency which are not verified are not completed;
3.3.3. transactions with digital currency are irreversible - if you send any amount of digital currency to the wrong person, you cannot return these funds;
3.3.4. The digital currency can be lost if you lose or forget any PINs or passwords from electronic purses that are necessary to access these digital currencies; electronic purses of digital currencies generally do not have the ability to restore access by email, phone number or passport;
3.3.5. unknown technical faults inherent in digital currencies; and
3.3.6. a new regulation that can affect the use of digital currency.
3.3. When agreeing to these Terms of service or for the mining of digital currencies through the Service, you indicate that you understand, are able to understand and accept the risks connected with digital currencies.
4.1. By submitting an application for registration, you make an offer to enter into an agreement on the basis of these Terms of Service. After applying, you cannot withdraw your application.
4.2. Only Flymining can decide if the application is accepted or not. If your application is accepted, a legally binding agreement will be entered between you and us. Subject to our compliance with any statutory rights, you can not solely terminate the agreement entered under these Terms of Service and you will not be eligible for reimbursement.
5. CONTRACT TERM
5.1. These Terms of Service are valid without any time limit even after the termination of the Account.
5.2. Contract Term for Cloud Machines of FLYMINING.CLOUD is 3 (Three) years by default unless otherwise specified. The contract is valid until the expiration of the validity period or until its termination (Section 13), whichever comes first.
5.3. Contracts with the specified expiration date expire on the stated date and the Cloud machine ceases to function.
5.4. Contracts with preliminary orders which are not activated immediately upon purchase are activated on the date specified in the Contract.
5.5. FLYMINING reserves the right to change the Service start-up date, the term of the Contract and / or the term of Service.
6.1. For registration you will need to provide some personal information, a valid email (which will be used as a user name for user identification) for your account on the website ("Account"), password ("Password"). It is required to choose your residence country for calculating the relevant VAT. For withdrawal the funds you need to enter at least one purse address for the digital currencies that you use. The personal account can allow you to add not one, but several wallets for digital currencies.
6.2. You must make certain of all the information about you stored by Us. It must be true, complete, up-to-date and not misleading.
6.3. The user name and password are provided to you if your application for registration as a Client is accepted.
6.4. To access some parts of the website, you will need your user name and password. Your username and password are personal and should not be disclosed to third parties.
6.5. The number of accounts is limited to one for each e-mail address.
6.6. After registration you can send an order for the allocation to you of the processing power of the Cloud machine. FLYMINING decides whether the order will be satisfied, as the adoption of such decisions depends on technical capabilities.
6.7. Your order is a request for the receipt of the Contract from us and does not constitute a formed contract. If We accept your order, we will contact your Contract with your account. Until then, the order is considered to be pending, and FLYMINING reserves the right to reject your payment.
6.8. Confirmation of your order will be sent by e-mail which will also indicate the effective date of the Contract. The confirmed start date of the Contract will be communicated to you in the following e-mail. We are not able to tell you how long it takes to confirm the effective date of the Contract.
6.9. Upon condition to payment of all fees that can be applied, Clients will be able to receive services in the amount of the Scope of Services based on the power of the Cloud machine and the period of time during which this machine operates according to the formula (2). Clients will be able to operate the Cloud Machine only during the Contract Period.
6.10. If you lose access to your account, FLYMINING may ask you to provide certain types of information including personal data to determine the ownership of the Account. This information may include (but is not limited to): identity card; proof of residency; confirmation of phone number / e-mail and any identifiable activities on the Site, such as transaction identifiers, order numbers, withdrawal amounts, etc.
7. USE OF ACCOUNT (PERSONAL ACCOUNT)
7.1. You can receive service only for your own benefit. Using the website and / or the Service, you confirm that you do not act in the interests of any other person or organization.
7.2. We have the right to assume that any use of your account is made by you. You are solely responsible for any usage of the Site or the Service under your personal account or any other usage of your username and password.
7.3. If you forget your username or password you may use the password recovery alternative or contact support service.
7.4. Do not share your password with anyone else and do not allow any other person to use your account. We are not responsible for any misuse of your account by you or any other individual. If you have information to believe that other people know your password, or that your account was used by any other person, you must tell us about it immediately.
7.5. If you have not logged in to your account within 12 months, we can terminate the account. You will, if possible, be notified in advance. If We cannot contact you or you take no action to prevent the account from being closed, your balance will be canceled.
8. RESTRICTIONS AND OBLIGATIONS
8.1. You give your consent to comply with all applicable legislation, these terms of service and all rules applicable to the use of the Website and the Service.
8.2. You consent not to describe falsely or otherwise compromise yourself in any dealings with FLYMINING.
8.3. You are not allowed to misuse any campaigns, discounts, referral bonuses and/or referral systems, provided by FLYMINING.
8.4. You cannot use any means to hide your traffic of the Internet and IP addresses (for example, Proxy, Tor, VPN and others).
8.5. Multilevel marketing (MLM) and / or high-yield investment projects (HYIP) are prohibited from providing any services to their FLYMINING users or partners, including but not limited to FLYMINING products and / or services.
8.6. You are strictly prohibited from using of mistakes in the design of the Website, the Service and / or any parts thereof, functions that have not been documented, and / or "software errors" for commercial or personal gain or as ways to disrupt and / or destabilize the Service and / or the Web site. If you accidentally encounter such an error, you need to report it to FLYMINING.
9. ACCOUNT ADMINISTRATION
9.1. During the term of the Contract, you may use the Website to:
9.1.1. change or update the registration information and contact information;
9.1.2. with help of the Support Service, deactivate or reactivate your account, and terminate the Contract;
9.1.3. with help of the Support Service, change the e-mail address for the login;
9.1.4. change some settings on your Cloud machine; and
9.1.5. Change the addresses of your wallets for a digital currency.
9.2. Subject to basic payment and payment of additional fees, you may use the Website for:
9.2.1. adding a new Cloud machine; and
9.2.2. increase the processing power of your Cloud machine.
10.1. Your balance in the Personal Account is your personal amount of rewards for verified hash function solutions available for using.
10.2. On the Service you can have several balances measured in different units. The following balances are currently available:
10.2.1. The BTC balance measured in BTC (Bitcoins) with an accuracy of 0.00000001 BTC;
10.3. Other digital currency balances can be entered and / or deleted at any time.
10.4. The received rewards will be transferred to your balance within 24 hours.
10.5. You can at any time withdraw your balance, if it corresponds to the minimum amount, unless otherwise specified (changeable).
10.6. FLYMINING reserves the right to do reverse recalculations on Balance (s), Cloud machines, Hash Speeds, including (but not limited to): in case of any error present in the Service, and to correct any errors or inconsistencies.
10.7. The balance cannot be passive. If the result of the calculation of the balance is in a negative value, the Service is suspended until the conditions arise when the balance calculation result will have a positive value.
11. SCOPE OF SERVICES
11.1. We provide a Service that allows Users to receive hash functions using our equipment. In turn, we bear the costs of maintenance, depreciation of equipment, staff salaries, planning and securing future work, software development, rent, payment for electricity and other expenses necessary to provide the Service at the best level ("Cost of price").
11.2. The scope of services (amount of hash functions) is calculated daily according to the formula (2). It means that the calculation process will stop if the Cost of Service equals or exceeds the total payment for hash functions verified by the blockchain platform during the calculated day. In this case, the Payment (formula (1)) becomes 0. Negative results of formulas (1) and (2) are considered equal to 0. If within this period the relevant contractual factors that are outside FLYMINING control will change for the better, making the total payment larger than the Cost of price, the Service will be re-started and the contracts will be renewed.
11.3. FLYMINING reserves the right to make changes in the calculation of the Service Scope at any time without advance notice.
12.1. We provide and maintain the Website and the Service on an "as it is" basis, and we are only responsible for rendering our services within reasonable limits.
12.2. We do not give any other guarantees in connection with the Site or the Service, and we disclaim any responsibility for:
12.2.1. actions and provisions beyond the limits permitted by these Terms and affecting any other provisions in Section 12 that may apply, such as currency or authenticity of information and materials contained within the site and / or provided by the Website, the Personal Account, the Support, in e-mails and social media. You hereby give your consent that equipment, radio, computers and Internet communications sometimes give technical malfunctions that may affect service, and there may be human errors that may lead to content corruption or misunderstanding;
12.2.2. any change in the Bitcoin exchange rate or any other digital currency;
12.2.3. any change in the complexity of mining;
12.2.4. any changes in applicable legislation or acts of any lawmaker or regulator in any part of the world;
12.2.5. any interruptions or errors of the Website or the Service or other communication network;
12.2.6. violation by any other person of any copyright or other intellectual property rights of any outside party by means of any User Content or use of the Site or the Service;
12.2.7. availability, quality, content or nature of external sites;
12.2.8. any amount of money or other loss caused by viruses or other computer contaminant that may infect computer equipment, software, database or other user property caused by any other person accessing, using or downloading the Site, the Service or any User Content; and
12.2.9. all representations, guarantees, conditions that might have been valid.
12.3. We are not liable in any amount for failure to fulfill any obligations under these Terms of Service if it is caused by an occurrence of an event beyond the reasonable control of Flymining.
12.4. Except as provided above, there are no other guarantees, conditions or otherwise, express or implied, statutory or otherwise, and all these Terms are hereby excluded in the form that is permitted by the legislation.
12.5. To the maximum extent permitted by the legislation we exclude responsibility for any loss or damage that you may incur, whether directly or indirectly, are spontaneous or gradual if they fall into any of the following:
12.5.1. actual loss in connection with special circumstances, even if this party was aware of the circumstances under which such loss or damage could arise;
12.5.2. loss of expected savings;
12.5.3. loss of business opportunities and time management;
12.5.4. loss of reputation;
12.5.5. loss of digital currency as a result of any of your actions or omissions of the third parties;
18.104.22.168. losses arising due to:
22.214.171.124. any defect or uncertainty in any systems that you use to store or transmit digital currency or to access or use the Website or the Service;
126.96.36.199. any inaccurate or incomplete data that you present including the addresses of digital currency purses;
188.8.131.52. any changes in the amount of digital currency transferred to the Clients;
184.108.40.206. any changes in the regulation, legislation or technical environment applicable to digital currencies;
220.127.116.11. acts or omissions of any bank or suppliers of any banking services; or
18.104.22.168. any changes in the value of the digital currency that may arise (including as a result of actions or omissions of FLYMINING).
12.6. To the maximum extent permitted by the legislation Our joint responsibility
in respect of any claims made due to the use of the Website or the Service or arising from its use (whether in a contract, infringement of rights (including negligence), breach of statutory obligations or otherwise) for direct damages will be limited to the Tariffs.
12.7. You consent not to use the Website or the Service in any way if:
12.7.1. this is illegal;
12.7.2. may cause civil or criminal liability of FLYMINING; or
12.7.3. can bring FLYMINING a loss of reputation.
12.8. You hereby consent to indemnify and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively referred to as "Released Parties") from any liabilities and expenses (including reasonable legal fees) incurred by the Released Parties due to any claims arising from:
12.8.1. any fraudulent actions that you commit;
12.8.2. any inaccuracies or defects of any information that you presented to us;
12.8.3. any violations of applicable legislation or regulations that you are committing;
12.8.4. use of your account by another person;
12.8.5. Any violation of these Terms of Service by you; and
12.8.6. claims of third parties arising from the use of Your Website or Service, any of Your Content or any use of your account (regardless of who such use was made of).
12.9. You must cooperate with us in defending any claim. We reserve the right at our own expense to assume exclusive protection and control over any issues that otherwise may be recovered by you.
13. BREACH, SUSPENSION AND TERMINATION
13.1. Without limiting any other rights that we have we may suspend or terminate your access to your account, the Website and / or the Service, cancel your account balance and / or retain the ability to withdraw funds obtained if you breach any of these Terms of Service.
13.2. If we have reasons to suspect that you use the Site or the Service in a fraudulent or improper manner, we may block your account until the circumstances become fully clear and until you confirm:
13.2.1. Your personality; and
13.2.2. that no fraud or violation has occurred or been attempted.
13.3. We will endeavor to provide you with reasonable notice of any anticipated termination of the Site or Service.
13.4. If you become aware of a suspected violation or violation of these Terms of Service by another user, as well as about fraud or obscenity of another user, you must immediately contact us.
13.5. In case of purchasing a credit card (Section 14.2.6.) FLYMINING has the right to place the Clients's Account on hold (to withhold the possibility of withdrawing any earned funds from the Client's Account Balance) for up to 30 days as a security measure in respect of rules and policies, related fraud.
14. PAYMENT TERMS, ORDER CANCELLATION, ORDER CHANGES AND REFUNDS
14.1. All accounts are invoiced in EURO by default. Payments made in any other currency must take into account the exchange rate to the specified currency.
14.2. The Customer can purchase the Contract using various payment methods:
14.2.1. transfer of funds to the Flymining bank account by means of bank transfer (commission for tariffs of the bank);
14.2.2. transfer to the FLYMINING account via the PayPal payment system (PayPal tariff commission);
14.3. The Client is entitled not to pay for the order in the event that it was created, but not paid yet, if the Client made the decision not to complete this order. FLYMINING will not process unpaid orders.
14.4. FLYMINING provides a target account for all payment methods. To confirm the purchase and activate the Contract, the Client is obliged to transfer the amount indicated on the page of the FLYMINING account.
14.5. The Client bears full responsibility for the accuracy of payment, including, but not limited to: the address of the beneficiary, the amount to be transferred and the details of the payment:
14.5.1. If the amount transferred is below the amount requested, FLYMINING is entitled at its sole discretion, to adjust the Contract in accordance with the funds received or to request the missing amount due for payment prior to the activation of the Contract.
14.5.2. If the transferred amount is exceeded, FLYMINING is entitled at its sole discretion to adjust the Contract in accordance with the received funds, add an excessive amount to the balance of the Client's account or return it through the payment system that the Client used to pay the order initially.
14.5.3. If the Client is trying a payment with incorrect / insufficient information and / or with an incorrect account of the destination, FLYMINING will try, if possible, to process the order in a timely manner. If the destination address does not belong to FLYMINING (directly or via outside service) and / or is not associated with FLYMINING in any way, FLYMINING will not be liable and will reject any claims.
14.5.4. FLYMINING does not undertake to actively resolve issues related to payment, without the requirement presented by the Client.
14.6. In case of issues related to payment:
14.6.1. The Client is entitled to submit claims related to payments by contacting the support service within 14 days from the date of the payment with confirmation of payment. Requests submitted after 14 days may not be processed.
14.6.2. FLYMINING reserves the right to request a confirmation of payment if there are any suspicions or the facts that the payment was not received, but the Contract was activated. The client must provide a confirmation of payment within 14 days from the receipt of such request.
14.6.3. The payment confirmation includes, among other things: FLYMINING order number, unique transaction ID or number, recipient address, transferred amount, account statement from the payment system in use.
14.6.4. When purchasing a credit card, you may need to verify ownership of the payment method and request for identification.
14.6.5. If the confirmation of payment is not provided within 14 days or if the evidence is considered insufficient and / or invalid:
22.214.171.124. if the request was initiated by the Client: FLYMINING is entitled to reject the Client's requirement (s);
126.96.36.199. if the request was initiated by FLYMINING: FLYMINING is entitled to amend / cancel related Contracts and adjust the balance on the Client's account for amounts received under the relevant Contract.
14.7. FLYMINING is entitled to change the Service parameters for a certain Contract at any time. Changing the parameters of the Contract Service will take into account the current market price, and FLYMINING will try, if possible, not to reduce the total cost of the amended Contract. It means that if the hashing algorithm is forced (for example, SHA-256 for Scrypt), FLYMINING will try, if possible, to provide the Replacement Contract with an equal or greater total value than the one that has the original Contract, in accordance with the market price in the moment of change.
14.8. Unless otherwise is stated by the legislation or by a specific proposal, all purchases are final and non-refundable. FLYMINING is entitled to issue a refund at its sole discretion. If we make any refund, we are not required to issue the same or similar refund in the future. This return policy does not affect any statutory rights that may apply.
14.9. In case of return:
14.9.1. The Client will receive a refund of the expended funds to start work, if any funds are not withdrawn from the balance on the Client's account. If any amount of money has been successfully withdrawn from the Account Balance, refund requests will not be processed for the specified account.
14.9.2. FLYMINING is entitled to cancel or lower any hashing rates and / or funds on the Client's account mined by this hashing from the returned purchase, as well as any funds provided as a referral bonus for the returned purchase from the Referrer account balance.
14.9.3. FLYMINING does not undertake to reimburse any money spent for maintenance and electricity.
14.10. In the event of any return of overpaid funds or other return, FLYMINING may charge a processing fee, depending on the payment system used.
15. REFERRAL PROGRAM
15.1. Referral program allows registered Clients to receive financial payments for purchases made by other Clients, which they sent (invited) to FLYMINING. Information about the referral program is available at https://FLYMINING.CLOUD/referralinfo.
15.2. Each Client receives an un-editable referral code by default when registering. A Client can create an unlimited number of additional referral codes by adding indexes to his referral code by default. Search, creation and management of referral codes and referral links are available in the menu "Referrals" in the Personal Account.
15.3. Referral links exist in three forms:
15.3.1. Link to the registration page: https://FLYMINING.CLOUD/app/account/register?promocode=XXXXXX, where XXXXXX is a referral code.
15.3.2. Link to any page, except for the Personal Account on FLYMINING: https://FLYMINING.CLOUD/app/account/login?returnurl=YYYYYY&promocode=XXXXXX, where YYYYYY is a link to the page (for example, "How it works" or any other, also this field can be empty to direct to the main page), and XXXXXX is a referral code.
15.3.3. References to subdomains of FLYMINING (for example, http://promo.FLYMINING.CLOUD) are used in the following format: http://profit.FLYMINING.CLOUD/en/?ref_id=XXXXXX; http://promo.FLYMINING.CLOUD/?ref_id=XXXXXX.
15.4. Clients can advertise, post and / or publish materials with their referral link (s) on the outside websites or resources in order to purchase new referrals.
15.5. FLYMINING is not responsible for the accuracy and / or reliability of the information in any advertisements, posts and / or publications about FLYMINING made by the Clients on any outside websites or resources, with or without a referral link.
15.6. In order for the Client to become the Client's Referrer, the Client must visit FLYMINING through the First Client's Link and create an appropriate account within 24 hours after the first visit and within the same browser session (browser switching, browser cache cleaning or more than 24 hours time between the first visit and the moment of registration, cancels the referral code stored in the browser session). If the Referral code is invalid for any of these reasons, the potential Referral must again visit FLYMINING using a referral link.
15.7. By default, the referral bonus percentage for any referral code created in FLYMINING automatically or manually is 10%, with the exception of purchases from the Balance. FLYMINING can increase the percentage for webmasters and / or users with a large number of Referrals and / or Recommendations.
15.8. If the Client visited FLYMINING via a link from the Affiliate Network and made a purchase within 7 days, FLYMINING provides a bonus only to the Affiliate Network, which processes the profit on its terms. This is true even if the Client has a Referrer.
15.9. Registering an account after visiting FLYMINING via a link from the Affiliate Network will result in a bonus for all purchases made by the Client within 30 days that will be processed by the Affiliate Network. This is true even if the account is registered through the referral link of FLYMINING.
15.10. FLYMINING does not undertake to link 2 accounts with Referrer-Referral in case the new account was registered without a referral link by mistake and / or added any referral bonuses for past purchases backdating.
15.11. It is strictly prohibited to create additional Accounts for abuse of the Referral Program and / or a third Affiliate network (networks), that is, register new Accounts through your own Referral link (s) of the Client and make purchases to receive the Referral Bonus for the specified purchases of the same Beneficiary. If FLYMINING has any suspicions of violation, FLYMINING is entitled to request confirmation of the identity and / or absence of abuses for the referrer's and referral's accounts. If the confirmation is not provided within 7 days or if the proof is deemed insufficient and / or invalid, FLYMINING may terminate all related Accounts, nullify any Contracts and / or cancel account balances without the right to recovery.
15.12. FLYMINING has the right to correct and / or delete any referral code, its percentage bonus and any referral bonus received.
15.13. It is strictly prohibited to use the following types of traffic:
15.13.1. Doorway page;
15.13.3. Spam; and
15.13.4. Contextual advertising of the brand of FLYMINING.
15.14. FLYMINING is entitled to terminate the access to any account to the Referral Program or any ability of the Account to the Referral Program at any time and for any reason.
16.1. The website may include displaying of the third party content ("User Content").
16.2. Although We do not undertake but We can remove or reject any User Content.
16.3. You agree that We has the right to process and store any content that you submit to the Website ("Your Content").
16.4. You can send your content to other Clients of the Website, and other Site Clients can send you the User Content.
16.5. You consent to the distribution of your content by us both inside the site and outside it. Therefore, you must ensure that your content does not contain information that you intend to keep confidential or personal.
16.6. By providing access, posting or transfer of your content to the Website, you grant us a non-exclusive, transferable, sublicensed, irrevocable, perpetual worldwide license to use your Content for any purpose.
16.7. You agree that you have the right to provide, post or transmit your content to the Website.
16.8. You will not provide, post or transmit to the Website any materials or other content and in any way use the Website if:
16.8.1. this is illegal or can lead to civil or criminal liability;
16.8.2. this violates any copyright or other intellectual property rights of any outside party;
16.8.3. this violates the rights of third parties to privacy or the right to publicity;
16.8.4. includes any computer virus or other computer contaminant;
16.8.5. is offensive, pornographic, libelous, discriminatory or obscene;
16.8.6. this will somehow interfere with the life of any other person;
16.8.7. prevents the use of the Site by others;
16.8.8. depersonalizes any moderator, administrator or other personnel, as well as any other person associated with FLYMINING;
16.8.9. contains confidential information of any other person;
16.8.10. requests passwords or personal information;
16.8.11. contains video, photographs or images of any other person without his permission (or in the case of a minor, legal guardian of a minor);
16.8.12. exploits any other person;
16.8.13. and everything that we consider inappropriate; or
16.8.14. this encourages or provokes any other person to do any of the actions mentioned above.
16.9. The website can provide the means for communication with us. We contact you at the email address you provided or by using other means of communication that may be provided by the Website. Notices that are for all our Clients will be available on the Website publicly. It is believed that you received a notification at the time of sending an email or during the publication of a notice on the Site. You may assume that we received your notice if we give you the confirmation of this fact.
16.10. All letters (or other messages) that we send are intended and actual only for the addressee.
17.1. These Terms of Service apply to your statutory rights and do not restrict any rights that you may have that cannot be excluded in accordance with applicable legislation. These Terms of Service do not exclude or limit our responsibility for death or personal injury as a result of our negligence or any fraudulent actions or representations or for any legal liability that cannot be limited.
17.2. We can deduct any money you owe us from any money we owe you.
17.4. Our not mentioning of any condition is not our rejection of this condition.
17.5. If any part of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to enforce it, and the remainder of these provisions will remain in effect.
17.6. No guarantee is given as to whether the Website or the Service complies with the legislation of all countries in the World.
17.8. FLYMINING has the right to transfer the agreement in any way within the framework of these Terms of Service by providing you with a reasonable notice that may include a notice provided through the Website.
17.9. All questions, comments or claims should be sent to us through the support service and we will respond within 48 hours.
18. COMPANY DETAILS
- Flymining Sàrl
- Rue de la Mercerie 12, 1003 Lausanne