TERMS OF SERVICE - USER AGREEMENT
This website and its component services (referred to herein as "Site" or "Service") are presented to you on the terms and conditions set forth below by CutieFlirts.com ("Company," "We" or "Us"). By accessing this Site or using this Service, you ("You") agree to be bound by each and every term and condition stated below, and as may be revised from time to time. By accessing or using this Site or Service, You hereby state and affirm that You have read, understood in full, and agree with, and are bound by, all of the following terms of service which constitute a legal agreement between you and the Company (hereafter, the "Agreement"):
1. PRE-CONDITIONS FOR ACCESS TO SITE OR USE OF THE SERVICE
You must be of legal age to enter into binding agreements (such as this), meaning you must be of legal age (at least 18 years of age, 21 years in some jurisdictions). By accessing or using this Service, You represent and warrant that you are of legal age in your jurisdiction and competent to enter into binding contracts. This Agreement is an electronic contract that establishes the legally binding terms You must accept to access the Site and/or participate in the Service. For purposes of this Agreement, the term "You" or "User" means a person who accesses or uses the Site or participates in the Service in any manner, whether such person does so on a free or paying basis.
If you do not agree to each and every term and condition set forth herein, You are prohibited from entering the Site or making any use of the Service or its features.
By utilizing the Service, You expressly agree to this Agreement and authorize the Company to communicate with you via electronic messaging, to the email address you have provided, regarding the Service, Service updates or information pertaining to the Service or your subscription.
2. ACCOUNTS / PROFILES / FEATURES
The Service may include, from time-to-time, a feature that enables You to create a private, semi-private or public profile page(s) ("Profile"). In such event, Your Profile must not violate the provisions of Section 4 (Prohibited Behavior) or Section 5 (Posted Content - Rules & Restrictions) of this Agreement. We have no responsibility or liability for the accuracy of any Profile material or information. If there is a dispute as to any Profile's content, other than a copyright dispute, we have the sole right in our discretion, but not the obligation, to take such action as we deem appropriate in response thereto.
The Service may from time-to-time allow You to set preferences relating to your Profile or Service activities or features. Preference setting might not be error-free or take effect immediately. Changes to email preferences may take several days to propagate through the system.
The Site and the features of the Service are presented for your entertainment. We do not guarantee or warrant that You will find a date or partner or that you will meet any User or Profile in person. As an entertainment service, the Site utilizes fictional profiles ("Fantasy Profiles") which are marked with a diamond ♦ symbol. These clearly labeled profiles are offered to help the Service (i) enforce its rules and policies (ii) monitor use of the Site (iii) illustrate features and tools of the Service (iv) enhance Your online communication, companionship and entertainment experience and (v) promote increased use of the Service.
3. USER INTERACTIONS / SAFETY / RELEASE
Use common sense and caution when interacting which persons who are new acquaintances, including interactions with other Users of this Service. This Service does not conduct criminal background screenings on Users. You agree that You are solely responsible for Your interactions with other Users, both on and off the Site. You are strongly encouraged to request proof of age and identity prior to embarking on a relationship or outing with another User. Company does not guarantee the authenticity of any Profile. You release the Company, its members, managers, officers, directors, employees and agents from all claims, liabilities and demands, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, arising out of or related to Your use of the Service or Your interactions with any User, person or profile through, at or on the Site, all of which such interactions by You are at Your own risk. Under no circumstance will Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the Service including, but not limited to, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users, persons or Profiles through, at or on the Service.
4. PROHIBITED BEHAVIOR
The Company reserves the right to investigate and/or terminate your membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Site but involve Members you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
TREATMENT OF CUSTOMER SERVICE IS IMPORTANT: We endeavor to provide You with guidance and assistance through our Customer Service personnel. Their purpose, and goal, is to help you. Therefore, please behave in a civil fashion when communicating with them. Please do not be rude, abusive, threatening or otherwise offensive toward them. Should you behave in an offensive manner, we reserve the right to immediately terminate your account and you will not be entitled to any refund of unused credits or any other virtual item or charges.
5. POSTED CONTENT - RULES & RESTRICTIONS
The Rules and Regulations application to materials, messages and information You post on this Site or through the Service are set forth below. In essence, we demand that You RESPECT THE RIGHTS OF OTHERS. Please familiarize yourself with the full explanation of the rules and regulations below.
You are solely responsible for any content You post or upload or transmit on the Site or through the Service, and You represent and warrant that You have all legal rights necessary to do so, including but not limited to rights under copyright, trademark and rights of privacy/publicity.
You represent and warrant that any images you post shall be only of yourself or, if the image includes another person or persons, such persons are eighteen years or older, and that You have obtained the express permission of such other persons to legally permit You to post their image on the Site and that no compensation is due or owing to them as a result thereof.
You are prohibited from posting any 'sexually explicit' image, whether that explicitness image is actual or simulated, as defined in 18 U.S.C. 2257 and 2257A, respectively. You cannot post an image that depicts bondage or masochism or sadism, whether actual or simulated.
You may not post phone numbers, street addresses, last names, or email addresses in areas of Your profile that can be accessed by other Users. You agree that any content You post on the Site to be viewed by other Users may be viewed by any visitor to the Site or participant in the Service and that You have no expectation nor right of privacy to content You post.
You may not post, upload or transmit materials or messages that:
The Company can remove any images, texts, messages, audio, language, photos, profiles or any other content that it determines in its sole judgment to violate these terms or which might be offensive, harmful, infringing or impinging upon the rights of another person or entity, or which may be threatening or harassing to any person or group of persons, or which promotes any illegal activity, or which is obscene or libelous or known to be false, or which includes transmission of unsolicited email or chain letters, phishing, spoofing or other unlawful activity and You agree not to post any such content. The Company's deletion of any content - or termination or suspension of your account or access for so doing - does not, in any way, impact the Company's status as the provider of an online service provider.
6. CONTENT MANAGEMENT
The Company proactively reviews User generated content to ensure it complies with the rules and proscriptions set forth in Sections 4 and 5, above, and also to block non-sensical content (garbled or random text). This review is performed prior to the posting of the content. Noncompliant content shall not be allowed for display on the Site or publication through the Service.
The Company, Site and Service are Internet Service Providers and Online Service Providers as defined by U.S. federal law, including but not limited to the Copyright Act and the Communications Decency Act and Federal Regulations, and claim all immunities and privileges owing to or available to same. Nothing in this Agreement is intended to waive or remove any such immunities and privileges.
7. PURCHASE AND USE OF CREDITS
The Site provides You the opportunity to purchase credits that act as virtual currency that can be used by You to send messages, private photos and/or virtual gifts (such as badges or emogis made available at the Site) to other profiles through the Service (hereafter, "Credits"). Notwithstanding, the Credits have no intrinsic monetary value and represent a revocable, non-exclusive, non-transferable license, personal to You, to make use of the Credits in such fashions as authorized and enabled on the Site at a particular time. We may change, discontinue or suspend a particular usage or feature available for Credits in our sole discretion. The number of Credits required to take advantage of a particular feature of the Service, such as sending a private photo, may change from time-to-time such that more, or fewer, Credits may be required for that feature than the number designated at the time of your credits purchase. By reason of the legal nature of Credits (i.e., revocable, non-exclusive, non-transferable, personal license to participate in certain features as defined on the Site from time-to-time), they do not represent a property right or interest of any kind. Any attempt by You to assign, sell, trade or otherwise transfer a Credit, or other virtual item offered by or at the Site, regardless of manner or method, is null and void ab initio. Suspension or termination of your account or deletion of your Profile will result in the forfeit of your Credits. Any redemption or refund to You for any Credits after your purchase is subject to our Cancellation and Refund policy (Section 12). We are not responsible for replenishing or reissuing Credits to You for any reason except as we may choose in our sole discretion.
Auto-replenishment of Credits: if the number of Credits in your account falls below fifteen (15) Credits, your account will be replenished to reach the fifteen (15) Credit number, and your credit card or other authorized payment mechanism will be charged in the appropriate amount (based on the then-current price as posted on the Site).
8. LIMITATION OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service. The Service is intended and offered solely for personal use and cannot be used by businesses or organizations. In no event can You use the Service to send spam to members, or to send marketing materials, or use the Service to sell products or services or other commercial purpose.
You agree to indemnify and hold the Company, and its affiliates, managers, members, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorneys' fees, made by any third party due to or arising out of images, language or content You submit, post, text or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another person or entity. You further agree that in the event of any action or claim brought against the Company due to or arising out of any images, language or content You submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another, you will reimburse the Company for its reasonable attorneys' fees and costs incurred in the defense of such action or claim.
10. MODIFICATIONS TO SERVICE
You agree that the Company may at any time, in its sole discretion, modify, suspend or discontinue, temporarily or permanently, the Service (or any part or feature thereof). You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service ecept as per the Cancellation and Refund policy at Section 12.
11. TERMINATION BY COMPANY
Notwithstanding the fact that Company is an Internet Service Provider as defined under federal laws, you acknowledge and agree that the Company, in its sole discretion, may at any time terminate your account, and/or remove and discard your profile or any of your content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with this Agreement or of any terms and conditions or rules posted on the Site. You agree that any removal of your profile or any of your content may be done without prior notice to You, and acknowledge and agree that the Company may immediately deactivate or delete your account (or any part thereof) and all related information and files in your account and/or bar any further access by You to such files or the Service. Further, You agree that the Company shall not be liable to you or any third party for any termination of your account, or removal of your content or other information from the Service.
12. CANCELLATIONS AND REFUNDS
You may terminate your account or delete your profile from the Site (via the "Account Settings" page) at any time. Generally, purchases of Credits are final and non-refundable; however, if You have unused Credits at the time You terminate or delete your profile, or if you are unhappy with the Service, you may contact customer service and request a refund for those unused Credits. In circumstances where there has been a billing error, a refund shall issue. Thus, if you believe you have been incorrectly charged, whether through a duplicate billing or otherwise, please contact customer service at email@example.com so that we may immediately correct the matter. For non-billing-error related refund requests, we will endeavor to resolve the situation to your satisfaction. Should a refund be issued, all refunds will be credited to the card that was used to make the original purchase.
13. DEALINGS WITH ADVERTISERS/MARKETING PARTNERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and marketing partners on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company 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 the Company 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.
15. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the information presented through the Service, the Software, the content or sponsor advertisements.
The Company grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company.
All disputes arising out of or in connection with this Agreement or Your access to or use of the Site or any Service must be submitted to and settled under binding arbitration rather than through court proceedings.
For U.S. Residents, because the Site and Service involve interstate commerce, the Federal Arbitration Act will govern arbitrability of all disputes. The arbitration will be conducted before the American Arbitration Association (AAA) before a mutually agreed upon single arbitrator as a single action and in no event as a class action or multi-petitioner action. The arbitration will be held in the State and County of residence of the aggrieved party. If mutually agreed and as permitted by Rules, participation in the arbitration may be conducted via telephone or teleconference.
For non-US residents, arbitration will be held under the Rules of Arbitration of the International Chamber of Commerce before one arbitrator appointed in accordance with the said Rules. Arbitration shall take place in the United Kingdom or other mutually agreed upon location. In such event, this Agreement shall be governed by the laws of England and Wales.
Each party shall be responsible for their share of arbitration costs and their own attorneys' fees unless the arbitrator determines the claim to be frivolous in which even the arbitrator may adjust the award to impose the prevailing party's costs and fees upon the other party. The arbitrator's decision and award may be entered and enforced in any court having jurisdiction.
17. NO CLASS ACTION
As a material inducement to Company's offering of the Site and Service to You, and for entering into this Agreement, You represent, warrant, covenant and agree that You shall not initiate, nor participate in - whether as a named plaintiff or as a member of any class of plaintiffs or aggrieved parties - any Class Action lawsuit or action, whether brought in a judicial proceeding or an arbitration proceeding, against Company and/or its members, managers, directors, officers, shareholders, employees or agents arising out of or relating to this Agreement or the Site or any Service offered through the Site. It is hereby understood and agreed by You that damages may be an inadequate remedy in the event of a breach of this provision, and that any such breach will cause Company irreparable harm and damage. Accordingly, You acknowledge and agree that Company shall be entitled to immediate injunctive or other equitable relief in any Court having jurisdiction (notwithstanding and as an exception to Section 16, above) and to attorneys' fees and costs, without waiving any additional rights or remedies available at law or in equity or by statute, in the event of actual or threatened breach of this provision.
Should any section or provision of this Agreement, or part thereof, be rendered or declared invalid in any proceeding having jurisdiction over this Agreement, such invalidation shall not invalidate the remaining portions of this Agreement, and they shall remain in full force and effect.
19. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS 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.
THE COMPANY MAKES 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.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 THIS SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE 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 OR PERSONAL DAMAGES RESULTING FROM EMOTIONAL DISTRESS OR ANY OTHER HARM OR INJURY (EVEN IF THE COMPANY 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, INCLUDING BUT NOT LIMITED TO INTERACTIONS OR COMMUNICATIONS FROM OR WITH ANY OTHER MEMBER OR PROFILE . THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OR REASON WHATSOEVER SHALL BE AT ALL TIMES LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE. YOU EXPRESSLY RELEASE AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY CLAIM, WHETHER BASED IN TORT, CONTRACT, STATUTE, REGULATION OR ANY OTHER LEGAL THEORY, BASED ON OR ARISING FROM YOUR USE OF THE SITE OR YOUR COMMUNICATIONS WITH ANY PROFILE OR PERSON APPEARING ON THE SITE OR ANY COMMUNICATION WITH ANY PROFILE OR PERSON WHATSOEVER BY OR AT THE SITE OR THROUGH THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR DISCLAIMERS MAY NOT BE APPLICABLE TO YOU.
22. COPYRIGHTS / CONTENT TAKE DOWN PROCEDURE
The Company respects the intellectual property rights of others, and we insist that You do the same. You cannot post, reproduce or distribute copyrighted material unless you have received necessary rights under copyright to do so, which typically requires you to have obtained a written license from the copyright holder.
If you believe that material in which you hold copyright or rights under copyright has been displayed, published or posted on the Site in a way that constitutes infringement, please provide the Company's DMCA Agent (see below), via email attachment, the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
Upon receipt of the foregoing, if accurate and complete, the Company will take down the content so specified. The Company's Agent for Notice of claims of copyright infringement for the Site, under the Digital Millennium Copyright Act (DMCA) can be reached via email as follows: firstname.lastname@example.org
23. AUTO-REPLENISHMENT OF CREDITS / CARD INFORMATION
Upon creating an account and becoming a User of the Service, You hereby authorize the Company or its payment processing agent (as shown on the "join page" of the website) to charge your credit card (or other approved payment method) for the purchase of Credits or other items made available for purchase by You on the Site and, if and when the number of Credits in your account falls below fifteen (15) Credits, to charge your credit card or other approved payment mechanism for additional Credits so as to achieve the fifteen (15) Credit minimum for your account. You authorize this Auto-Replenishment of Credits until termination of your account.
If the address or any other information pertaining to your credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform the Company and its payment processing agent via e-mail. Your failure to do so is a material breach of this Agreement, and, in the event of your failure to so notify, agent and Company disclaim any and all responsibility for charges posted to a lost or stolen credit card. Your account cannot be assigned or transferred to any other person or entity. You must promptly inform the Company of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a login ID or password. Until said notification, you will remain liable for any unauthorized use of the Service.
24. DISPUTES AMONG OR REGARDING USERS
The Company is not responsible for the messages or content posted to or transmitted through the Site. While users represent and warrant that they are at least eighteen years of age, the Company cannot and does not guarantee that a person under eighteen years of age may not have infiltrated the Site. Company does not guarantee the authenticity of any profile appearing on the Site. Use caution and common sense when dealing with another User or Profile, and You are strongly encouraged to request proof of age and identity prior to embarking on any relationship or outing. with You release the Company, its member, managers, officers, directors, employees and agents from any and all claims, liabilities and demands, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, under any legal theory or statute whatsoever, arising out of or related to Your use of the Service and/ or Your interactions with any other person or profile through or at the Site. You acknowledge that the Company has no obligation whatsoever to monitor disputes between users but reserves the right to so monitor in its sole discretion.
25. VIOLATIONS / COMPLAINTS
Please report any violations of this Agreement, or complaints regarding the Service or the conduct of a user of the Service*, to our Customer Service Department at email@example.com . Should customer service be unable to resolve your complaint to your satisfaction, please inform customer service that you desire to elevate your complaint to managerial review. To accomplish this, please submit via email a written statement, setting forth your complaint in detail, to customer service that includes a written request that your complaint be reviewed by management. Management will review any complaint so submitted and will respond in a timely manner. (* For complaints regarding alleged copyright infringement, please see Section 22.)