TheFlirts
TM
bringing life to online dating!
TM
Terms of Service (TOS)
SERVICE AND TOS UPDATES
TheFlirts provides users with access to a collection of resources and tools (collectivly referred to as the "service") which may be accessed through any various medium or device now known or hereafter developed. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service.
TheFlirts reserves the right to update and change these Terms of Service and all documents incorporated by reference. You can always find the most recent version of the TheFlirts Terms of Service linked from TheFlirts home page.
CONTRACT AND REGISTRATION
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TheFlirts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TheFlirts has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You will receive account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TheFlirts of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TheFlirts cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
SERVICE MODIFICATION AND TERMINATION
TheFlirts expressly reserves the right to immediately modify, suspend or terminate Registrant's account and refuse current or future use of any TheFlirts service if TheFlirts, in its sole discretion believes Registrant has: (i) violated or tried to violate the rights of others; or (ii) if we become aware of information indicating a safety concern for you, other TheFlirts users, or the general public, or (iii) acted inconsistently with the spirit or letter of the TOS. You agree that TheFlirts may, under certain circumstances and without prior notice, immediately terminate your TheFlirts account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your TheFlirts account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in TheFlirts's sole discretion and that TheFlirts shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
PRIVACY
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy.
ACCESS TO THE SERVICE
You understand and agree that the Service is provided "AS-IS" and that TheFlirts assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. You also understand and agree that the Service may include advertisements and that these advertisements may be necessary for TheFlirts to provide you the Service. You also understand and agree that the Service may include certain communications from TheFlirts, such as administrative messages and service announcements, and that these communications are considered part of TheFlirts membership and you will not be able to opt out of receiving them.
CONTENT
You understand that all information, data, text, photographs, messages, other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TheFlirts, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TheFlirts does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TheFlirts be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (proprietary and confidential information, no disclosure agreements, etc.);
5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
7. upload, post, email, transmit or otherwise make available any material that 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;
8. intentionally or unintentionally violate any applicable local, state, national or international law.
9. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
10. "stalk" or otherwise harass another; and/or
11. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that TheFlirts may or may not pre-screen Content, but that TheFlirts and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, TheFlirts and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TheFlirts or submitted to TheFlirts, including without limitation information in TheFlirts Message Boards and in all other parts of the Service.
You agree to indemnify and hold TheFlirts and its officers, employees, affiliates, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your TheFlirts ID), use of the Service, or access to the Service.
You acknowledge, consent and agree that TheFlirts may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TheFlirts, its users, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree to comply with all local rules regarding online conduct and acceptable Content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTRIBUTIONS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to TheFlirts through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) TheFlirts is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TheFlirts shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) TheFlirts may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of TheFlirts without any obligation of TheFlirts to you; and (f) you are not entitled to any compensation or reimbursement of any kind from TheFlirts under any circumstances.
SERVICE USE LIMITS AND PRACTICES
You acknowledge that TheFlirts may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that postings, messages, or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TheFlirts's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TheFlirts has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TheFlirts reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TheFlirts reserves the right to modify these general practices and limits from time to time.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TheFlirts has no control over such sites and resources, you acknowledge and agree that TheFlirts is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TheFlirts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TheFlirts AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TheFlirts AND ITS AFFILIATES, OFFICERS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TheFlirts OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TheFlirts AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TheFlirts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.