| American Flirts
MEMBER TERMS AND CONDITIONS
(YOU MUST BE AT LEAST 18 YEARS
OLD TO REGISTER ON OR USE THE American Flirts WEBSITE. ACCESS OR USE
OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS
STRICTLY PROHIBITED.)
Please read this Member Terms and Conditions Agreement (the
"Agreement") carefully. The Agreement sets out the terms
under which American Flirts services (the "Services") are
provided to you by us through the
American Flirts website (the "Site"). By registering with
American Flirts, you become a member of the Service (a
"Member"), and you agree to be bound by the terms and
conditions of this Agreement (the "Terms") for as long as
you continue to be a Member. If you do not agree to the Terms,
please do not register for the American Flirts Service or otherwise
access or use this Site.
We reserve the right at any time to:
· Change the terms and conditions of this Agreement;
· Change the Site, including eliminating or discontinuing any
content on or feature of the Site; or
· Change any fees or charges for using the Site.
Any changes we make will be effective immediately upon notice, which
we may provide by means including, without limitation, posting on
the Site or email. Your use of the Site after such notice will be
deemed acceptance of the changes. Be sure to review this Agreement
periodically to ensure familiarity with the most current version.
Upon our request, you agree to sign a non-electronic version of this
Agreement.
REGISTRATION. To become a Member you must register with us. When and
if you register to become a Member, you agree to provide accurate,
current and complete information about yourself as prompted by our
registration form ("Registration Data"), and to maintain
and update your information to keep it accurate, current and
complete. You agree that we may rely on your Registration Data as
accurate, current and complete. You acknowledge that if your
Registration Data is untrue, inaccurate, not current or incomplete
in any respect, we reserve the right to terminate this Agreement and
your use of the Site.
By becoming a Member, you represent and warrant that you are at
least 18 years old, which is the minimum required age to become a
Member. However, we cannot guarantee that each Member is at least
the required minimum age, neither do we accept responsibility or
liability for any content, communication or other use or access of
the Site by persons under the age of 18 in violation of these Terms.
Either you or American Flirts may terminate your membership at any
time, for any reason, effective upon sending written notice to the
other party. All membership fees paid are non-refundable. We reserve
the right to immediately suspend or terminate your access to the
Service, without notice, upon any breach of this Agreement by you
that is brought to our attention.
Your membership in the Service is for your sole, personal use. You
may not authorise others to use your membership, and you may not
assign or otherwise transfer your account to any other person or
entity.
USERNAME AND PASSWORD. As part of the registration process, you will
be asked to select a username. We may refuse to grant any username
that impersonates someone else, is or may be illegal, is or may be
protected by trademark or other proprietary rights law, is vulgar or
otherwise offensive, or may cause confusion, as we determine in our
sole discretion. You are responsible for the confidentiality and use
of your username and password and agree not to transfer or resell
your use of or access to the Site to any third party. YOU ARE SOLELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND
PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH
YOUR ACCOUNT.
ONLINE CONDUCT. As a Member, you agree that:
You are solely responsible for the content or information you
publish or display (hereinafter, "post") on the Service,
or transmit to other Members.
You will not post on the Service, or transmit to other Members or
employees, any defamatory, inaccurate, abusive, obscene, profane,
offensive sexually oriented, threatening, harassing, racially
offensive, or illegal material, or any material that infringes or
violates another party's rights (including, but not limited to,
intellectual property rights, and rights of privacy and publicity).
Please notify us by sending an email to
abuse@American Flirts of any material contained in the Service that
you believe infringes these rules.
You will use the Service in a manner consistent with any and all
applicable laws and regulations. You will not include in your
profile any telephone numbers, street addresses, last names, URLs,
e-mail addresses, offensive anatomical or sexual references, or
offensive sexually suggestive or connotative language, or any
confidential information of any third person, and you will not post
any photographs or other images containing nudity or such personal
information. American Flirts reserves the right, but has no
obligation, to reject any profile or photograph or image that does
not comply with these prohibitions.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not engage in advertising to, or solicitation of, other
Members to buy or sell any products or services through the Service.
You will not transmit any chain letters, spam or junk email to other
Members.
You will not express or imply that any statements you make are
endorsed by us, without our specific prior written consent.
You will not harvest or collect personal information about other
Members whether or not for commercial purposes, without their
express consent.
You will not use any robot, spider, site search/retrieval
application, or other manual or automatic device or process to
retrieve, index, "data mine", or in any way reproduce or
circumvent the navigational structure or presentation of the Site or
its contents.
You will not post, distribute or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
without obtaining the prior consent of the owner of such proprietary
rights.
You will not remove any copyright, trademark or other proprietary
rights notices contained in the Site.
You will not interfere with or disrupt the Services or the Site or
the servers or networks connected to the Services or the Site.
You will not post, e-mail or otherwise transmit 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. Please notify us by sending an
e-mail to contact@americanflirts.com of any material contained in the
Service that you believe infringes these rules.
You will not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any information transmitted through
the Service.
You will not "frame" or "mirror" any part of the
Site, without our prior written authorisation. You also shall not
use metatags or code or other devices containing any reference to
American Flirts or the Service or the Site in order to direct any
person to any other website for any purpose.
You will not modify, adapt, sub-license, translate, sell, reverse
engineer, decipher, de-compile or otherwise disassemble any portion
of the Site or any software used on or for the Site or cause others
to do so.
You are solely responsible for your interactions with other Members.
American Flirts reserves the right, but has no obligation, to
monitor disputes between you and other Members.
INDEMNITY BY MEMBER. You agree to indemnify, defend and hold us, our
officers, directors, employees, agents and representatives harmless
from and against any and all claims, damages, losses, liabilities,
costs (including reasonable attorneys' fees) or other expenses that
arise directly or indirectly out of or from (i) your breach of this
Agreement; (ii) any allegation that any materials that you submit to
us or transmit to the Site infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property or
other rights of any third party; and/or (iii) your activities in
connection with the Site. This indemnity shall be applicable without
regard to the negligence of any party, including any indemnified
person.
ONLINE CONTENT. Opinions, advice, statements, offers or other
information or content made available through the Service are those
of their respective Member-author and not of American Flirts, and
should not necessarily be relied upon. Such Members are solely
responsible for such content. American Flirts does not guarantee the
accuracy, completeness or usefulness of any information on the
Service and neither adopts nor endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made.
Under no circumstances will American Flirts be responsible for any
loss or damage resulting from anyone's reliance on information or
other content posted on the Service or transmitted to Members.
The Site may contain links to other Internet websites or resources.
We neither control nor endorse such other websites, nor have we
reviewed any content that appears on such other websites. You
acknowledge and agree that we shall not be held responsible for the
legality, accuracy or inappropriate nature of any content,
advertising, products, services or information located on or through
any other websites or for the operation or policies of any such
websites, nor for any loss or damages caused or alleged to have been
caused by the use of or reliance on any such websites or such
content or other information.
WARNING - PLEASE READ: It is possible that other Members or users
(including unauthorised users, or "hackers") may post or
transmit offensive or obscene materials on the Service and that you
may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal
information about you due to your use of the Service, and that the
recipient may use such information to harass or injure you.
American Flirts is not responsible for the use of any personal
information that you may choose to disclose on the Service. Please
carefully select the type of information that you post on the
Service or release to others.
American Flirts reserves the right, but has no obligation, to
monitor the materials posted in any area of the Service. American Flirts
http://www.americanflirts.com shall have the right but not the obligation to remove any such
material that violates, or is alleged to violate, the law or this
Agreement. Notwithstanding this right of American Flirts, you remain
solely responsible for the content of the materials you post in any
area of the Service and your private email messages. E-mails sent
between you and other Members that are not readily accessible to the
general public will be treated as private by American Flirts to the
extent required by applicable law and pursuant to the commercially
reasonable efforts of American Flirts.
We do not exclude any liability for death or personal injury due to
our negligence.
PROPRIETARY RIGHTS. American Flirts owns and retains other
proprietary rights in the Services and the Site. The Services and
the Site contain the copyrighted material, trademarks and other
proprietary information and software of American Flirts and its
licensers. In addition, other Members may post copyrighted
information, which has copyright protection whether or not it is
identified as copyrighted. Except for that information which is in
the public domain or for which you have been given permission, you
will not copy, modify, publish, transmit, distribute, perform,
display or sell any such proprietary information. By posting
information or content to any area of American Flirts, you
automatically grant, and you represent and warrant that you have the
right to grant, to American Flirts and other Members an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use,
copy, perform, display and distribute such information and content
and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorise
sub-licenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER. We will respect your personal
information and undertake to comply with all applicable data
protection legislation in the UK and other jurisdictions in which we
offer the Service, subject to the Privacy Policy of American Flirts.
The personal information (including sensitive personal information)
you provide to us will be stored on computer. You consent to us
using this information to build up a profile of interests,
preferences and browsing patterns and to allow you to participate in
the American Flirts Service. All Members also agree to uphold and
maintain our Privacy Policy and to the terms and conditions thereof.
You may read a full description of our Privacy Policy at http://www.americanflirts.com/privacy.php.
DISCLAIMER OF WARRANTY. American Flirts PROVIDES THE SERVICE AND THE
SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY
KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH
American Flirts OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO
THE SERVICE OR THE SITE. American Flirts SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT. American Flirts DOES NOT WARRANT THAT
YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED,
ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR
THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED.
American Flirts DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE
WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE,
RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.
LIMITATION OF LIABILITY. IN NO EVENT WILL American Flirts BE LIABLE
(i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF
PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE
INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE OR THE SITE, EVEN IF American Flirts OR ITS AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY
CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON
LIABILITY, IN ALL EVENTS American Flirts'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
American Flirts FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
In addition, American Flirts disclaims all liability, regardless of
the form of action, for the acts or omissions of other Members or
users (including unauthorised users, or "hackers") of the
Service.
Certain jurisdictions limit the applicability of warranty
disclaimers and limitations of liability so the above disclaimers of
warranty and limitations of liability may not apply to you.
We do not exclude any liability for death or personal injury due to
our negligence.
COPYRIGHT POLICY. We respect the intellectual property of others,
and we ask our Members to do the same. If you believe that a copy of
your work is available on the Service without your consent or that a
copyright infringement has otherwise occurred, please supply us with
the following information:
· A description of the copyrighted work that you claim has been
infringed;
· Details of where the infringing material is located on the Site;
· Your address, telephone number and e-mail address;
· A statement by you that you believe in good faith that the use of
the work on the Site is not authorised by the copyright owner or any
person entitled to act on their behalf or by law; and
· An affidavit executed by you that the information you provide
concerning the copyright infringed is accurate and that you are the
copyright owner authorised to act on their behalf.
COMPLAINTS. To resolve a complaint regarding the Service or the
Site, you should contact American Flirts Customer Support at
contact@americanflirts.com
GENERAL PROVISIONS. This Agreement with you, set out in these Member
Terms and Conditions, is governed by English law and you and we
submit to the non-exclusive jurisdiction of the English Courts in
the event of any dispute regarding these Terms or the Service or the
Site or any matter related thereto. This Agreement shall not be
governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is hereby
expressly excluded.
This Agreement, accepted by you upon registering for the Service,
contains the entire agreement between you and American Flirts
regarding the Service and the Site, including the American Flirts
Privacy Policy. In the event of any conflict between the Privacy
Policy and this Agreement, this Agreement shall control. Unless
otherwise explicitly stated, the Terms will survive termination of
your membership to the Service. This agreement shall terminate
immediately and without notice if you breach any of the Terms,
subject to the survival of all rights and reservations of
American Flirts. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and
effect.
The Member certifies that the Member has read and agrees to be bound
by these American Flirts Member Terms and Conditions.
Refunds for paid membership are given at
the discretion of American Flirts. Should you have any questions regarding your
payment, please direct them in the first instance to the site administrator (details
on the contact page). |
