LEGAL STUFF YOU
SHOULD KNOW
Terms and conditions
of use of web site and
participation in FLIRTINGTIME
events.
1. LEGAL RESTRICTIONS
AND TERMS OF USE AND PARTICIPATION
In order to use the Flirting
Time web site and/or participate
in Flirting Time events,
you must register and
agree to be bound by these
Terms of Conditions of
Use (“Agreement”).
As part of your registration,
you must confirm that
you have read these Terms
and Conditions of Use
and follow the instructions
for Registration. This
Agreement sets out the
legally binding terms
for your use of the web
site and participation
in all Flirting Time events.
This Agreement may be
modified by FLIRTINGTIME,
LLC (“FLIRTINGTIME”),
the owner of this web
site and the provider
of the Flirting Time events,
from time to time, by
providing at least 30
days’ prior notice.
We therefore recommend
that you read all newsletters
in order to keep up to
date with any changes
in this Terms and Conditions
of Use of Web Site and
Participation in Flirting
Time Events.
2. ELIGIBILITY
You must be at least twenty-one
years old to register
for Flirting Time events
and use this web site.
Participation in Flirting
Time events and use of
this web site is void
where prohibited. By using
this web site and/or participating
in Flirting Time events,
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.
3. TERM
This Agreement will remain
in full force and effect
while you use this web
site and/or participate
in any Flirting Time events.
You may terminate your
participation at any time,
for any reason by sending
a written notice of termination
to FLIRTINGTIME by email.
FLIRTINGTIME may terminate
your access to the web
site and your participation
in any Flirting Time events
if you have breached the
Agreement, by notifying
you, in writing, by email,
at the email address you
have provided. If your
rights are so terminated
you will not be entitled
to a refund of any amounts
paid to FLIRTINGTIME Brands.
4. OWNERSHIP,
COPYRIGHT AND TRADEMARK
NOTICES
4.1 The content of this
web site is the property
of FLIRTINGTIME, its business
partners, and/or various
third party providers
and distributors. FLIRTINGTIME
is duly formed in the
United States of America
under the laws of the
State of New York and
is qualified to do business
in the State of New York.
4.2 All title, ownership
and intellectual property
rights, including the
rights to copyrights,
trademarks, service marks
and logos (collectively,
the “Intellectual
Property’) used
on the web site are vested
in FLIRTINGTIME Brands,
its business partners
and their affiliates and/or
various third parties.
Nothing contained on this
web site should be construed
as granting, by implication,
estoppel or otherwise,
any license or right to
use any of the Intellectual
Property without the written
permission of FLIRTINGTIME,
its business partners
or the applicable third
party that owns such Intellectual
Property.
4.3 You may not modify,
copy, distribute, transmit,
display, perform, reproduce,
publish, licence, create
derivative works from,
transfer, or sell any
information, products,
services or any portion
of any material obtained
from this web site, nor
may you use any of the
Intellectual Property
in connection with any
other service without
the express written consent
of FLIRTINGTIME Brands,
its business partners
and/or their third party
providers and distributors.
5. ACCESS AND
USE
5.1 You are granted access
to make personal use of
this site and you are
not allowed to download
(other than page caching),
modify or create a hyperlink
to this site, or any portion
of it, except with the
express prior written
consent of FLIRTINGTIME
Brands or its business
partners, as applicable.
5.2 You may not use this
site or its contents for
any resale or commercial
use; any collection and
use of any product listings,
descriptions, or prices;
any derivative use of
this site or its contents;
any downloading or copying
of account information
for the benefit of another
merchant; or any use of
data mining, robots, or
similar data gathering
and extraction tools.
5.3 You may not frame
or utilize framing techniques
to enclose any trademark,
logo, or other proprietary
information (including
images, text, page layout,
or form) that belongs
to FLIRTINGTIME Brands,
its business partners,
their affiliates or any
third party, without the
prior written consent
of FLIRTINGTIME Brands,
its business partners,
or such applicable third
party.
5.4 You may not use any
meta tags or any other
"hidden text"
utilizing the name or
trademarks of FLIRTINGTIME
Brands, its business partners,
or their third party providers
and distributors, without
each of their express
prior written consents.
5.5 You are prohibited
from posting or transmitting
any unlawful, threatening,
libelous, defamatory,
obscene, indecent, inflammatory,
pornographic or profane
material or any material
that could constitute
or encourage conduct that
would be considered illegal,
give rise to civil liability,
or otherwise be in violation
of any law.
5.6 Any unauthorized use
by you may result in the
termination of your right
to use this site and to
participate in FLIRTINGTIME
events.
6. WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES
PUBLISHED ON THIS SITE
MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS.
FLIRTINGTIME MAY MAKE
IMPROVEMENTS AND/OR CHANGES
TO THIS SITE FROM TIME
TO TIME. FLIRTINGTIME,
ITS BUSINESS PARTNERS,
THEIR AFFILIATES AND/OR
THIRD PARTY PROVIDERS
AND DISTRIBUTORS MAKE
NO REPRESENTATIONS ABOUT
THE ACCURACY OR SUITABILITY
OF THE INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES
CONTAINED ON THIS SITE
FOR ANY PURPOSE. ALL INFORMATION,
SOFTWARE, PRODUCTS AND
SERVICES ARE PROVIDED
“AS IS” WITHOUT
WARRANTY OF ANY KIND.
FLIRTINGTIME, ITS BUSINESS
PARTNERS, THEIR AFFILIATES
AND/OR THIRD PARTY PROVIDERS
AND DISTRIBUTORS HEREBY
DISCLAIM ALL WARRANTIES
AND CONDITIONS, EXPRESS
OR IMPLIED INCLUDING IMPLIED
WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT,
AND THOSE ARISING BY STATUTE
OR OTHERWISE IN LAW OR
FROM A COURSE OF DEALING
OR USAGE OF TRADE. AS
SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES,
THE ABOVE DISCLAIMER MAY
NOT APPLY TO YOU.
7. SPECIAL LIABILITY
DISCLAIMERS AND RELEASE
You hereby understand
and acknowledge that by
using this web site and
participating in Flirting
Time events that your
email address, first name
and certain other profiling
information that you provide
will be provided to certain
other participants. Neither
FLIRTINGTIME nor any of
its business partners
have conducted any research
on the backgrounds of
any of the participants
in Flirting Time events
or visitors to this web
site, and you agree to
release FLIRTINGTIME and
its business partners
from any liability and
assume the full responsibility
and risk with respect
to any person you meet
at a Flirting Time event
or through this web site.
We strongly encourage
you to take the same precautions
you would take in meeting
any new person in order
to assure your safety.
You also understand and
acknowledge that Flirting
Time events are held at
venues of which neither
FLIRTINGTIME nor any of
its business partners
have any control. Therefore,
in the event that you
are injured or suffer
damages in any regard
at a Flirting Time event,
you agree to release FLIRTINGTIME
and its business partners
from any liability with
respect thereto, unless
such damages result directly
from the actions of any
employee or agent of FLIRTINGTIME
or its business partners.
All participants in Flirting
Time events understand
and acknowledge that FLIRTINGTIME
provides a fun and exciting
method of meeting new
people. FLIRTINGTIME does
not guarantee that any
participant will successfully
match with any other participant.
Additionally, FLIRTINGTIME
does not guarantee that
any match between participants
will be successful.
8. LIMITATION
OF LIABILITY
NEITHER FLIRTINGTIME NOR
ITS BUSINESS PARTNERS
ASSUME ANY RESPONSIBILITY,
AND SHALL NOT BE LIABLE
FOR ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT
YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY ON ACCOUNT
OF YOUR ACCESS TO, USE
OF OR BROWSING OF THIS
WEB SITE OR YOUR DOWN
LOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO
OR AUDIO FROM THIS SITE.
IN NO EVENT SHALL FLIRTINGTIME,
ITS BUSINESS PARTNERS,
THEIR AFFILIATES OR ANY
THIRD PARTY PROVIDERS
OR DISTRIBUTORS BE LIABLE
FOR ANY INJURY, LOSS,
CLAIM, DAMAGE, OR ANY
SPECIAL, EXEMPLARY, PUNITIVE,
INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING,
WITHOUT LIMITATION, LOST
PROFITS OR LOST SAVINGS),
WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY,
OR OTHERWISE, WHICH ARISES
OUT OF OR IS ANY WAY CONNECTED
WITH (I) ANY USE OF THIS
WEB SITE OR CONTENT FOUND
ON THIS SITE, (II) ANY
FAILURE OR DELAY (INCLUDING,
WITHOUT LIMITATION, THE
USE OF OR INABILITY TO
USE ANY COMPONENT OF THIS
WEB SITE) OR (III) THE
PERFORMANCE OR NON-PERFORMANCE
BY FLIRTINGTIME, ITS BUSINESS
PARTNERS, THEIR AFFILIATES
OR ANY THIRD PARTY PROVIDERS
OR DISTRIBUTORS, EVEN
IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY
OF DAMAGES.
If, notwithstanding the
foregoing, FLIRTINGTIME,
its business partners,
their affiliates or any
third party provider or
distributor should be
found liable for any loss
or damage, with respect
to the use of this web
site or in connection
with any Flirting Time
event, such damages shall
not exceed, in the aggregate,
the fees paid by any person
for the services and/or
products of FLIRTINGTIME.
Some states and jurisdictions
do not allow limitation
of liability, so the foregoing
limitation may not apply
to you.
9. LINKS TO THIRD
PARTY SITES
This web site may provide,
or third parties may provide,
links to other web sites
or resources. These links
are provided to you as
a convenience and not
as an endorsement by FLIRTINGTIME
of such other web sites.
FLIRTINGTIME has no control
over such sites and resources
and is not responsible
or liable for any content,
advertising, products,
or materials relating
to such other sites, or
for any damage or loss
caused or alleged to be
caused by or in connection
with your use of or reliance
on any such content, goods
or services available
on or through any such
sites or resources. If
you decide to access other
web sites, you do so at
your own risk.
10. COPYRIGHTS
AND COPYRIGHT AGENT
FLIRTINGTIME’ Copyright
Agent for notice of claims
of copyright infringement
on its site is Ivan Saperstein:
By email: legal@FlirtingTime.com
11. MEMBER DISPUTES
You are solely responsible
for your interactions
with other participants
in Flirting Time events.
FLIRTINGTIME reserves
the right, but has no
obligation, to monitor
disputes between you and
other participants.
12. U.S. EXPORT
CONTROLS
Software from this web
site is subject to United
States export controls.
No software from this
site may be downloaded
or otherwise exported
or re-exported (i) into
(or to a national or resident
of) Cuba, Iraq, Libya,
North Korea, Iran, Syria,
or any other Country to
which the U.S. has embargoed
goods; or (ii) to anyone
on the U.S. Treasury Department's
list of Specially Designated
Nationals or the U.S.
Commerce Department's
Table of Deny Orders.
By using this web site,
you represent and warrant
that you are not located
in, under the control
of, or a national or resident
of any such country or
on any such list.
13. INDEMNIFICATION
You agree to indemnify
and hold FLIRTINGTIME,
its business partners,
and each of their subsidiaries,
affiliates, officers,
agents, 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 this
web site or participation
in the Flirting Time events
in violation of this Agreement
and/or arising from a
breach of these Terms
and Conditions of Use
and/or any breach of your
representations and warranties
set forth herein.
14. GOVERNING
LAW
This Agreement and its
performance is governed
by the laws of the State
of New York, United States
of America, without regard
to its conflict of laws
provisions. You consent
and submit to the exclusive
jurisdiction of the Courts
of the State of New York
located in New York County
and the Federal District
Court for the Southern
District of New York in
all matters arising out
of your use of this site.
15. MODIFICATION
FLIRTINGTIME may at any
time modify these terms
and conditions and your
continued use of the site
will be conditioned upon
the terms and conditions
in force at the time of
your use.
16. ADDITIONAL
TERMS
Additional terms and conditions
will apply to the use
of this site, including
purchases of goods and
services, the terms of
which are incorporated
herein.
17. SEVERABILITY
These terms and conditions
shall be deemed severable.
In the event that any
provision is determined
to be unenforceable or
invalid, such provision
shall nonetheless be enforced
to the fullest extent
permitted by applicable
law, and such determination
shall not affect the validity
and enforceability of
any other remaining provisions.
18. HEADINGS
The headings used in these
terms and conditions are
included for convenience
only and will not limit
or otherwise affect these
terms and conditions.
19. PRIVACY
You acknowledge that you
have read the FLIRTINGTIME
Privacy Policy, the terms
of which are incorporated
herein.
20. ASSIGNMENT
You may not assign, convey
subcontract or delegate
your rights, duties or
obligations hereunder.
Please Contact Us with
any questions regarding
this Agreement.
I HAVE READ THIS
AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS
CONTAINED ABOVE. |
