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Flirtingtime.com
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.
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