1. Eligibility. You must be eighteen or over to register as a member of FreeFlirtz or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You acknowledge and understand that some or all of the materials on the Website and Service may be erotic in nature - and that they may contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that you are aware of the sexual nature of the materials manifested, you authorize receipt of the same, and that you are not offended by such materials, and that you access the Website and Service freely, voluntarily, and willingly, and for your own personal enjoyment.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by FreeFlirtz of your written or email notice of termination. FreeFlirtz may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to FreeFlirtz. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 1, 3, 4, 5, 6, 7 , 8, and 9-16 of this Agreement.
3. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in friend with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. You are prohibited from accessing or using the Website for illegal or commercial purposes, including but not limited to, collecting usernames, profile data, and/or email addresses of members by electronic or other means for the purpose of marketing or sending unsolicited commercial email or electronic messages. Unauthorized framing of or linking to the Website is prohibited.
4. Proprietary Rights in Content on FreeFlirtz. FreeFlirtz owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of FreeFlirtz, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site. Without waiver of any of the immunities provided to us as an interactive services provider under the CDA please take note that we prohibit anyone from promoting illegal activities (such as prostitution) or commercial activities of any kind in their profile or in messages sent on the site or arising out of information obtained from the Website or Services and if such conduct comes to our attention we reserve the right to, amongst other things, remove you from the site and ban you permanently and seek additional remedies. Furthermore you agree that:
6. Copyright Policy/DMCA. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, where applicable please provide our DMCA Copyright Agent with the following information as more specifically provided below in our DMCA policy. Counter notifications where applicable under the DMCA can be provided to the DMCA authorized agent indicated below.
FreeFlirtz respects the intellectual property rights of others and expects its users and members to do the same. In accordance with the Digital Millennium Copyright Act FreeFlirtz will respond expeditiously to claims of copyright infringement committed using the FreeFlirtz Service or Website that are reported to the FreeFlirtz Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the FreeFlirtz Service or Website by completing the following DMCA Notice of Alleged Infringement and delivering it to the FreeFlirtz Designated Copyright Agent. Upon receipt of Notice as described below FreeFlirtz will take action pursuant to the DMCA, including where appropriate removal of the challenged use content from the Website or Services and/or termination of the FreeFlirtz user's account.
DMCA Notice of Alleged Infringement ("Notice")
Deliver this Notice, with all items completed, to FreeFlirtz Designated Copyright Agent:
Kleomenous 2, 1st Floor, Office 12, 1061 Nicosia, Cyprus
7. Fantasy Flirts. You understand, acknowledge, and agree that some of the user profiles posted on this Site may be fictitious, and are associated with our Fantasy Flirts, ("FF"). FF work for the Site in an effort to stimulate conversation with users, in order to encourage further and broader participation in all of our Site's services, including the posting of additional information and/or pictures to the users' profiles. The FF also serve to sample user activities and communications to ensure compliance with our Terms and Conditions. You understand, acknowledge, and agree that the information, text, and pictures contained in the FF profiles do not pertain to any actual person, but are included for the purposes above stated and for entertainment only. Nothing contained in any FF profile is intended to describe or resemble any real person - living or dead. Any similarity between FF user profile descriptions and any person is purely coincidental. Please also note that a single FF may be associated with more than one (1) profile on our Site.
You further understand, acknowledge, and agree that, from time-to-time, FF may contact both You via computer-generated Instant Messages or emails for purposes of encouraging further or broader participation in our Site's services and/or to monitor user activity. These messages may be transmitted to multiple recipients at the same or similar time(s). Messages from FF will contain the uniform designation "Fantasy Flirt" or "FF" to notify the user that a message has been received from a FF. In the event, the user responds to a FF message, either via email or Instant Message, the user may receive one or more additional personal or form responses from the FF. You understand, acknowledge, and agree that no physical meeting will ever take place between You and our FFs, and that the exchange of messages between You and FFs is for entertainment purposes, as well as to encourage further or broader participation in our Site's services and/or to monitor user activities. Notwithstanding the above, the user is not guaranteed a response to any message sent to a FF (or another user).
We reserve the right to utilize FF in connection with other features of our Site, either now existing, or to be developed in the future. You understand, acknowledge, and agree that any involvement or communication with FF shall be subject to the conditions, limitations, and acknowledgements contained in this Section and elsewhere in this Agreement.
Nothing contained in this Section shall create any right to, or expectation of, interaction between users and FF. Any question regarding FF participation on our Site should be directed to our Customer Service Department.
The current pricing of the various memberships is shown on the registration page. The pricing may change from time to time via notice to you and is effective on your click through agreement. In order to cancel a Free Trial or any membership, go to the termination page located at www.FreeFlirtz.com You may also cancel by phone or by email to firstname.lastname@example.org.
9. Member Disputes. You are solely responsible for your interactions with other FreeFlirtz Members, Website users, and third party advertisers. FreeFlirtz reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Disclaimer and Limitation of Liability Regarding Interactions Between Members. You are solely responsible for your interactions with other Members. You understand that FreeFlirtz does not in any way monitor the activity of its Members either offline or online. Nor does FreeFlirtz screen or interview its Members, nor does FreeFlirtz inquire into the backgrounds of its Members or attempt to verify the accuracy or statements made by Members. FreeFlirtz makes no representations or warranties as to the conduct of Members or those acting on their behalf. You agree to take reasonable precautions in all communications, meetings or interactions with other Members of the Service, particularly if you decide to meet offline or in person. You should not divulge personal or financial information to strangers.
In the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the FreeFlirtz site, you release FreeFlirtz, including its officers, directors, agents, and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way friends with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
In no event shall FreeFlirtz be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, punitive, consequential, and/or incidental, arising out of or relating to your conduct or anyone else's conduct in friend with the use of the Service, including without limitation, bodily injury, emotional distress, loss of reputation and/or any other damages resulting from communications or meetings with other Members or persons you meet or come into contact with through this Website or Service or from information provided using the Website or Service.
11. Service - FreeFlirtz does not guarantee, at any time, either their paid or free membership holders, that the website will be fully operational all the time. Members may face periodic service interruptions or lost data. Please note that the Website and Services are an entertainment service. All profiles are provided for the entertainment of our members and our users. You are not guaranteed that you will find a date or that you will meet any of our members in person or that any given person or profile manifested on the Website or Services is available or interested in dating or communicating with you or anyone else.
You also understand and acknowledge that some users and members may provide inaccurate information, messages, and profile data and you agree that FreeFlirtz shall not be liable to you in any manner for the same. You understand, acknowledge, and agree that some of the user profiles posted on this site may be fictitious or models or bots related to our "Fantasy Flirts" (FF) program. Our FF work for the site in an effort to stimulate dialogue with users and to stimulate user participation on the Website and Services, advertisement of the Website and Services, and the creation of user profiles. The FF also monitor user activities and communications to ensure compliance with our Terms and Conditions. You understand, acknowledge, and agree that the information, text, and pictures contained in the FF profiles do not pertain to any actual person or member, but are included for entertainment purposes only.
You further understand, acknowledge, and agree that, from time-to-time, FF may contact Website and Services users and members via electronic messaging, including for example, email, instant messages, and SMS, for purposes of encouraging further or broader participation in our site's Services and/or to monitor user activity. Messages from FF will contain the uniform designation "FF" or "Fantasy Flirts" to notify the user or member that a message has been received from Fantasy Flirt(s). In the event the user or member responds to a FF message the user or member may receive one or more additional personal or form responses from the FF. You understand, acknowledge, and agree that no physical meeting will ever take place between you and FF, and that the exchange of messages between you and a FF is for entertainment purposes, as well as to encourage further or broader participation in our site's Services and/or to monitor user activities. Notwithstanding the above, the user is not guaranteed a response to any message sent to a FF (or another user).
You understand and agree that no communications between you and a FF is private.
12. Disclaimers. FreeFlirtz is not responsible for any incorrect or inaccurate Content posted on the Website or in friend with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. FreeFlirtz is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FreeFlirtz assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. FreeFlirtz is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in friend with the Web and/or in friend with the Service. Under no circumstances will FreeFlirtz be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and FreeFlirtz expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FreeFlirtz cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
13. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will FreeFlirtz be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if FreeFlirtz has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FreeFlirtz's liability to you for any cause or action or claim whatsoever, and regardless of the form of the action, will at all times be limited in aggregate the amount paid, if any, by you to FreeFlirtz for the Service during the term of membership.
14. Cancellation and Refund. Subscribers may cancel the service at any time by contacting our customer service agents. Those who are dissatisfied with the service may request a refund of the last month's charge. In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase Subscribers who are dissatisfied with the service may request a refund of the last month's charge by contacting our customer service agents. In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase.
15. Governing Law and Venue. This Agreement shall be construed, interpreted and enforced in accordance with the laws of Cyprus without reference to its conflict of laws rules. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising out of or related to this Agreement, which are unable to be resolved informally, shall be resolved by binding arbitration in Cyprus, in English, according the applicable rules of arbitration in Cyprus. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof.
16. Indemnity. You agree to indemnify and hold FreeFlirtz, its subsidiaries, affiliates, officers, agents, service providers, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
17. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and FreeFlirtz regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.