Terms of Service

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Last updated: September 01, 2023

Welcome to flamingocricket.club - this website is owned and operated by Flamingo Cricket Club, a Public Benefit Corporation incorporated in Delaware, US.

By accessing this website, you agree to be bound by these Terms of Service ("Terms") and our Privacy policy. These Terms apply to all users of the website, including browsers, vendors, customers, merchants, and or contributors of content. If you do not agree with the Terms, do not use the website or provide us with your information.

• When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Flamingo Cricket Club.
• When we say “Services”, we mean our websites, including fc.club, and any product or service created and maintained by Flamingo Cricket Club.
• When we say “You” or “your”, we are referring to the people, teams or organizations that own an account with one or more of our Services.

We may update these Terms and may do so without notice to you. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, and or purchase any goods through the website, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability. If you violate any of the Terms, we may terminate your account.

Via flamingocricket.club, Flamingo Cricket Club operates a membership service and online store. The terms and conditions most relevant to the supply of physical goods can be found in the Online Store section of these Terms.

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Membership Accounts

1. A Member is any individual who is paying recurring Subscription fees for a Flamingo Cricket Club Membership, for personal, non-commercial use.
2. You are responsible for maintaining the security of your Membership account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3. You can manage all aspects of your Membership account's Subscription; including updating your billing information and cancelling your Membership account.
4. You may not use the Services for any purpose outlined in our Use Restrictions policy.
5. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
6. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Membership account.
7. By purchasing products or Services you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf.

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Payment, Refunds, and Plan Changes

1. Our Membership service is billed on a subscription basis. Billing occurs at the beginning of the Membership cycle and provides access for one quarter or one year after that, as applicable.
2. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Flamingo Cricket Club cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Flamingo Cricket Club customer support team.
3. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Flamingo Cricket Club with accurate and complete billing information including full name, address, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Flamingo Cricket Club to charge all Subscription fees incurred through your account to any such payment instruments.
4. If you are upgrading from a slog plan to a sweep plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For downgrades in plan level, the new rate starts from the next billing cycle.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
6. Should automatic billing fail to occur for any reason, Flamingo Cricket Club will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
7. We process Membership refunds according to our Membership refund policy.

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Cancellation and Termination

1. You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. You can find instructions for how to cancel your account in our Cancellation policy. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always email us.
2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is canceled please contact us for instructions.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See our Fair Refund policy for more details.
4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

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Modifications to the Service and Prices

1. Sometimes it becomes operationally impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
2. Flamingo Cricket Club, in its sole discretion and at any time, may change the pricing structure for our membership service. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 90 days notice and will notify you via the email address on record. We may also post a notice about changes on our website.

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Uptime, Security, and Privacy

1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis.
2. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
3. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Flamingo Cricket Club may process your data as described in our Privacy policy and for no other purpose. We as humans can access your data for the following reasons:
4. To help you with support requests you make. We’ll ask for express consent before accessing your account.
5. On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
6. To safeguard Flamingo Cricket Club. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole.
7. To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-US authority approaches Flamingo Cricket Cclub for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Flamingo Cricket Club is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
8. We use third party software and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all Processors who handle personal data for Flamingo Cricket Club Subprocessors.
9. Under the California Consumer Privacy Act (“CCPA”), Flamingo Cricket Club is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, and the Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use Flamingo Cricket Club’s Services in a way that violates the regulations.
10. These Terms incorporate the Flamingo Cricket Club Data Processing Addendum (“DPA”) when the EU General Data Protection Regulation (“GDPR”) or United Kingdom General Data Protection Regulation (“UK GDPR”) applies to your use of Flamingo Cricket Club Services to process Customer Data as defined in the DPA. The DPA linked above supersedes any previously agreed data processing addendum between you and Flamingo Cricket Club relating to your use of the Flamingo Cricket Club Services.

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Copyright and Content Ownership

1. All content posted on the Services must comply with U.S. copyright law.
2. You give us a limited license to use the content posted by you in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
4. You agree not to make available creations on the Service that infringe others’ intellectual property or proprietary rights. Flamingo Cricket Club reserves the right to remove creations and other material that violate Flamingo Cricket Club’s terms and policies. In accordance with the Digital Millenium Copyright Act and other applicable laws, we respond to compliant notifications of claimed copyright infringement and have adopted and reasonably implemented a policy for terminating, in appropriate circumstances, the accounts of members who are the subject of repeated compliant notifications of claimed copyright infringement or other evidence that suggests a pattern of repeat infringement. If you believe in good faith that materials posted on the Services infringe your copyright, you (or your agent) may send Flamingo Cricket Club a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.
5. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
7. We welcome your feedback on Flamingo Cricket Club products and Services, including any early-access, beta, or test features to which you’ve been given access, and your help in identifying any problems, bugs, and defects. You agree that any suggestions, comments, ideas, bug reports, or suggested improvements that you provide to us will be fully owned by us so that we can use them to improve Flamingo Cricket Club and thereby better help the community of members.

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Community Guidelines

Flamingo Cricket Clubs connects cricket fans around the world. To make sure all of our members have a positive experience interacting on our website, we have Community Guidelines to outline what we do and do not allow on our website and Services.

1. Keep it respectful, inclusive and friendly: The purpose of our membership community is to connect you to one another, and to have a little fun along the way. We may remove content that violates our guidelines, including comments or media that contains:-
2. Hateful activities or language directed at individuals or groups (this includes any negative stereotypes, prejudices or attacks)
3. Irrelevant or non-purposeful material
4. Spam (this includes linking to websites that are unsafe, deceptive, untrustworthy, unoriginal or facilitate spam)
5. Explicit content (this includes content that risks harm to people or animals, including sexual, physical or financial exploitation)
6. Misinformation (this includes content that may harm individual or public safety or trust)
7. Harassment or privacy violations
8. Respect one another’s privacy: Please don’t post any personal information, photos or videos that you’re not authorised to share. We endeavour to remove any private information that is shared as quickly as possible.
9. Be proactive: If you do spot a post or comment that breaks our community guidelines, please report it. If you’d like to discuss anything in more detail, then please get in touch via email, and we’ll do our best to help mail@flamingocricket.club. You’ll still be able to see someone's account, posts and comments after you report them. Negative and distasteful comments are luckily few and far between - but rest assured we are here to help and step-in if the need arises.

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Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

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COPPA

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 (or under the age of 16 in certain jurisdictions, such as EU member countries), we will delete that information as quickly as possible.

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US Economic Sanctions

You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. By using the Service, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of the Service; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Service in any manner that may cause Flamingo Cricket Club to violate US export controls and sanctions. We reserve the right to restrict or block your access to the Service and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.

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Online Store

Placing orders with us

By placing an order with us you are offering to purchase a product on and subject to these Terms. All orders are subject to availability and confirmation of the order price.

How we will accept your order

Our acceptance of your order will take place when we email you to accept it (having received payment in full), at which point a contract will come into existence between you and us.

If we cannot accept your order

If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

Your order number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Please be mindful of our global nature

Flamingo Cricket Club has a global outlook and audience, so we accept orders from, and deliver to, addresses outside of the US. However, we source and ship our products from various locations around the world and this means some of the products listed in our online store may not be available to specific regions and countries.

Import duties and taxes

When ordering products for delivery you may be subject to import duties and taxes, which are levied once the products reach the specified delivery location. Any additional charges for customs and/or import clearance and other handling charges must be paid by you, as we have no control over these charges.

Customs policies vary widely from country to country, so you should contact your local customs office for further information.

Additionally, please note that when ordering from us, you are considered the importer of record and will be responsible for all entry documents required by customs border protection and for the product classification and payment of duties, as well as any other import obligations and you must comply with all laws and regulations of the country in which you are receiving the products.

Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries may be subject to opening and inspection by customs authorities.

A list of countries that we do accept orders from and deliver to can be found at the online checkout area of our website and may be amended from time to time.

Delivery

All products are packaged with care and safety to avoid damage, with materials that are considerate to their impact on the planet.

Delivery times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date.

Risk of loss and title for Products purchased from Flamingo Cricket Club pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Flamingo Cricket Club will not be liable for any loss or expenses which you may incur because of any delay in the delivery of your order.

Delivery costs

Our simple worldwide delivery charge is $10. We waive the delivery charge for orders over $100.

• Slog members are entitled to a 15% discount on the delivery charge.
• Sweep members are entitled to a 25% discount on the delivery charge.

Cancellations

Cancellations of orders must be done within 24 hours of purchase. If the purchase has already left our premises we are unable to accept cancellation of the order.

Returns

Flamingo Cricket Club accepts returns of unworn, unwashed, undamaged or defective merchandise purchased online. Please note, return delivery fees are the responsibility of the customer. In order to offer our service, reduce waste, and responsibly recycle or refurbish returned items, we charge a restocking fee of $10. This will be deducted from your refund for most mailed returns.

Returns made within 30 days of the order delivery date will be issued a refund to the original form of payment. Refunds will be issued within 2 weeks of the completion of Flamingo Cricket Club’s return process. This process may take several weeks to complete.

Returns process

To return items, please send to:

Flamingo Cricket Club, 411 W Monroe St, Mailbox #2, Austin, TX 78704

Please ensure the following information is included so your return can be processed:

• Your Order number if known (appears on the top of the confirmation email)
• Your name and address
• A description of the item you are returning and a reason for the return

We are not responsible for loss or damage caused by events beyond our reasonable control

If we fail to comply with these terms as a result of any event that is beyond our reasonable control (for example, but not limited to, interruption or failure of utility service, epidemics, pandemics, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition), we will not be responsible for any loss or damage you suffer as a result.

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Indemnity

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Flamingo Cricket Club. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

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Warranty disclaimer

Flamingo Cricket Club is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty, whether express or implied, is excluded and disclaimed to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates, and third-party service providers.

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Limitation of liability

We mention liability throughout these Terms but to put it all in one section:

To the greatest extent permitted by law, we are not liable to you for any incidental, consequential, or punitive damages arising out of these terms, or your use or attempted use of Flamingo Cricket Club. To the greatest extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Flamingo Cricket Club. We are specifically not liable for loss associated with unfulfilled offerings and benefits and from losses caused by conflicting contractual agreements. For this clause, “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

In other words: if you lose money as a result of using Flamingo Cricket Club, any payment to you is limited to the amount of money we have earned through your use of Flamingo Cricket Club.

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Dispute resolution

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or in relation to your use of Flamingo Cricket Club, then the dispute will be resolved in the federal or state courts located in Delaware. Both parties consent to the exclusive jurisdiction and venue of the Delaware courts for the purpose of resolving any such dispute. Delaware law, excluding its conflict of law provisions, governs these terms, all other Flamingo Cricket Club policies, and any dispute that arises between you and Flamingo Cricket Club.

If you have a question about any of these Terms, please contact mail@flamingocricket.club.