These terms and conditions (hereinafter referred as “Agreement”) and all provisions contained in them constitute a binding legal agreement between , (hereinafter also referred as Flirtini, “we”, “us” or “our”) and you (hereinafter referred as “you”, “your” or “user”). All previous agreements and/or arrangements that existed between the parties shall be terminated and replaced by this Agreement.
The Flirtini is operated as dating and social networking service for adults.
Should you have any questions you may contact us by Email: support@flirtini.com or by phone: .
1. Short Description of this Agreement
This Agreement establishes binding rules under which you may use our services offered by Flirtini.
By using our services, you give your explicit consent to be bound by all provisions of this Agreement and our Privacy Policy and accept them. If you disagree with any part of this Agreement or our Privacy Policy and/or you are younger than 18 years of old or younger than the age of majority, established in your country of residence (depending on whichever is greater) please immediately stop using our services. When you put a tick on the “I agree” button you directly express your consent to this Agreement even if you did not familiarize yourself with its provisions. You will not be able to access our services without your direct consent to and acceptance of this Agreement.
We kindly ask you to familiarize yourself with all the provisions listed in this Agreement. If you do not have clear understanding of any provision of this Agreement we kindly recommend you to contact a lawyer (at your own costs).
We kindly ask you to pay attention to the following:
we provide our services to persons who are at the age of majority in your country of residence or persons who are older than the age of 18 (depending on whichever is greater);
Flirtini shall bear no responsibility for any action you make and/or write or say while using our services. But if we receive any complaint from a third party or other user and such complaint shall be related to your post or any other data or content that you disclosed on our services we reserve the right to remove such post and/or content or data if in our sole consideration such post breaches any applicable law, regulation or any provision of this Agreement or our Privacy Policy;
we do not take part in disputes between our users, but we shall take part if we have to remove posted content. You shall bear sole responsibility for all the content that you post, share or disclose;
paid subscription packages that you may purchase on our application are subject to automated renewal for the same term you selected while purchasing such subscription and at the current price;
Flirtini does not conduct any identity checks, background checks or criminal checks on any person who becomes our user. User shall bear sole responsibility for all communications and interactions he/she has with other users;
Flirtini at any time reserves the right to change, amend or alter this Agreement, any part of this Agreement and/or any other document referred to. We kindly ask you to check this Agreement from time to time to be sure that you familiarized yourself with the latest version. We may also inform you about any changes, alterations or amendment to this Agreement elsewhere on our application.
2. Data About You and Your Use of Our Services
To have the best compatibility possible you have to use a device that has IOS or Android operational system with standard settings.
You shall use your profile only for personal use. You shall not authorize other persons to use your profile or use and/or make any attempts to use profile of other user without his/her direct consent. You shall not transfer or assign your profile to other person(s) whether natural or legal.
You shall bear sole responsibility for any action and/or communication you exercise while using our services or if any such action and/or communication is made by someone else using your profile, e.g.:
all data and content posted, shared, transmitted, published or in any other way disclosed by you or anyone else using your profile on your behalf;
any interaction and/or communication with other users whether done by you or by other person using your profile on your behalf.
We collect, process, store and share your data in accordance with provisions of our Privacy Policy. If you use our services you give your consent to all the provisions contained in our Privacy Policy and you represent and warrant that all the data you provided to us is relevant and accurate. You are solely responsible for your familiarization with our Privacy Policy. Our Privacy Policy may be changed, altered or amended and if you continue to use our services after such changes came into force you agree with such changes. We kindly ask you to review our Privacy Policy from time to time to familiarize yourself with the most recent version of it.
3. How to Start Using Our Services
You may download and use Flirtini for free and enjoy basic features of our application without payment.
You can start using our services by:
registering your profile as a non-paying user (further referred as “Free User”);
registering your profile as paying user with paid subscription package (further referred as “Premium User”).
The term “user” or “users” shall be referred to both Free Users and Premium Users.
Please note that only Premium User will be able to use all the features of our services and your communication with other users may be limited if you use our services as a Free User.
4. Data you Provide to Us
When you register your profile with our services you represent and warrant that you shall:
provide all the data that we request from you on the stage of registration of your profile and that all the data you provide to us is accurate and relevant;
not use or access our services from any country or jurisdiction where such use or access is prohibited by any laws, regulations or any other piece of legislation or customs;
use our services in accordance with and without violation of any applicable laws, regulations or any other pieces of legislation or customs;
use our services and register your profile only if you have never been convinced of a felony and/or not registered or required to register as sex offender with any governmental authority, agency or entity;
use our services only if you are single or separated from your domestic partner or spouse;
post, share and in any other way disclose only data and content that is relevant to our users (for more information please see clause “Restrictions on Use of Our Services”);
bear full responsibility for any action and/or communication exercised from your profile whether by you or by other person;
post, share or in any other way disclose only actual, honest and genuine comment, impressions and ratings on profiles of other users and other content solely based on your personal experience. Please be informed that any comments, posts or impressions you make, if untrue or false may be slanderous, defamatory or libelous and may result in legal proceedings against you.
We have the right but not obliged to monitor activity of profiles of our users for any activity that breaches any provision of this Agreement or any applicable laws, regulations or other pieces of legislation and we reserve the right to change, amend or alter your profile if you post false, incorrect or contradictory data (e.g., the ethnicity information that you may share on your profile and the photo of your profile are contradictory).
5. Your Warranties
By registering you profile on our services you represent and warrant that:
you are older than 18 years of old or at the age of majority, established in your country of residence (depending on whichever is greater) and you have all rights, freedoms and legal capacity necessary to use our services, to give your consent to this Agreement and to be bound by this Agreement;
you access our services and create your profile voluntary and only for your personal use and enjoyment and you shall not obtain or make any efforts to obtain any commercial benefit from other users by fraud or any other means;
you have never been convinced of a felony and/or not registered or required to register as sex offender with any governmental authority, agency or entity;
your use of our services is not illegal and/or is not prohibited in the country of your residence and you do not violate any laws by accessing and using our services;
you follow and shall follow in future all applicable laws, regulations and any other legislation;
all data that you provide to us at the stage of registration of your profile is relevant, accurate and truthful and you will instantly update any data that changed, become incorrect or irrelevant;
you shall not share our application and/or any content or data contained on our services, help to create a profile or in any other way suggest in accessing our services and content of our services to any minor person or any person under the age of 18 (depending on whichever is greater);
you shall bear sole responsibility for your compliance with all applicable laws and regulations;
you are not subject to any court order or have not been convicted of any crime related to sexual misconduct, violence, assault or harassment.
6. Risks of Using Our Services
You understand and accept all possible risks that may occur in connection with online or real-life communication and/or interactions with other users, as well as with dating. You understand and accept that we are not able to guarantee truthfulness and accuracy of the data contained in the profiles of other users or the data which they provide to you. Since we do not provide any identity checks we cannot confirm the identity of our users.
You understand and accept that we bear no responsibility for any actions of our users made through our services or any other persons who may contact you through our services. As was mentioned above we do not conduct any criminal, background or identity checks on any user of our services and you should be careful and exercise caution.
We provide no warranties and representation and shall bear no responsibility regarding compliance of other users with provisions of this Agreement and any applicable laws and regulations. You give your consent to comply with all necessary safeguards and precautionary measures when exercising live communication and dating with other user(s) of our services.
You understand and accept that we provide no warranties or guarantees, whether explicit or implicit, in relation to your compatibility with other users that you may meet and communicate while using our services. You also understand and accept that we provide no warranties or guarantees related to amount and frequency of your matches with other users on our services.
7. Restrictions on Use of Our Services
You give your consent not to post, share, transmit or in any other way disclose any content or in any other way take part in any activity that in our sole judgement:
misrepresents, impersonates, creates false identity or in any other way misleads association or connection with any person whether legal or natural;
shares, reveals or in any other way discloses any confidential or personal data of any person, whether legal or natural, without their explicit consent or requests or in any other way attempts to obtain the personal data of other person for any commercial or illegal purposes;
reveals, discloses or requests any personal data from any person who is a minor person or under the age of 18 or reveals or requests any password data for any illegal purposes;
contains any software or material that may harm any device (e.g., logic bombs, computer viruses, worms, Trojan horses, corrupted data or any other possible harmful components or software);
promotes or in any other way supports any bigotry, racism, loathing or any type of harm against any person or group of persons;
promotes, facilitates or in any other way supports any unlawful activity;
intentionally harasses, disturbs, annoys, irritates, threatens or intimidates any user or other persons, whether legal or natural;
is inaccurate, defamatory, indecent, obscene, offensive, seditious, pornographic, abusive, prone to inciting racial hatred, inflammatory, discriminatory, breaches any privacy or confidence, blasphemous, may directly or indirectly harm minors or causes inconvenience;
is purposely fraudulent or deceptive;
contains any copyrighted content (e.g., images, photographs, videos, music, etc.) or any other information protected as intellectual property (e.g., patents, trademarks, trade secrets, know-how, etc.) that is owned by other person and without obtaining consent of such person to disclose, share or in any other way use such content;
uses our services to spread junk mail, chain letters or any other type of spam;
promotes, advertises or requests any person to buy or sell any service or product (e.g., by emailing, posting, transmitting, uploading or in any other way sharing any unauthorized and/or unrequested promotions, advertisements, link referral codes, affiliate marketing codes or in any other forms of commercial or business offers);
intervenes, interrupt, inverts or disrupts proper functioning of our services and/or makes any efforts to interfere with our networks (e.g., by overloading technical infrastructure that we use to manage and control our services);
contains any information or material that may violate rights of third parties;
infringes any applicable national, international, state, local, laws or regulations (e.g., regulations of U.S. Securities and Exchange Commission, rules, guidelines of other stock exchange, for example, NASDAQ, the New York Stock Exchange, American Stock Exchange or any other piece of legislation that has the force of law);
provides any kind of support (material, financial or hide location, nature, sources of support, etc.) of any individual or group of individuals that is/are recognized as terrorist organization;
stalk, disturb or in any other way harass other user(s) of our services;
gather and/or keep personal data of other users without their explicit consent (e.g., by using bots, scripts, web crawlers or any other kind of software that may gather such data) and/or post, share, transmit, email, chat or in any other disclose personal or private data of other users without their explicit consent;
communicate with, share or post a profile of other user for any purpose except interaction with other persons through our services;
remove or correct any information, content or material that was shared or posted by other person, whether legal or natural;
gain access to data which you are not authorized to access or logging into profile or server which you are not authorized to access;
make any efforts or attempts to test, probe or scan disadvantages and/or vulnerability of our network and/or its security system or breach the security/gain unauthorized access to our network and systems, without authorization;
make any efforts or attempts to intervene in proper functioning of our services (e.g., provision of services to any user, network, host, it can be expressed by flooding, overloading, spamming, crashing, mail bombing or making any other actions to break, slow down or deny proper work of our systems and network, and/or place, submit or upload any computer virus to our services);
fake headlines or in any other way manipulate identifiers with the purpose of hiding the genesis of information or content transmitted via our services;
send messages with improper content (e.g., advertisements and/or promotions of any products or services);
fake any IP/TCP packet headlines or any part of the data contained in headline of any post of the newsgroup or email;
use any data gained from our services to advertise, promote, solicit, contact or sell any product or service to any user without their prior explicit consent;
If you violate any provision of this section we reserve all right, causes of action and claims, established by law or otherwise (e.g., all the rights to seek for any available remedies, statutory penalties for each breach made by you).
We kindly ask all users to contact us regarding any breach of provisions of this Agreement that you may face.
8. Free User/Free Trial
You may access our services as a Free User without any fees.
Please be informed that if you access our services as a Free User you will be able to use only limited amount of features available on our services. To access full amount of features that we provide on our services you have to upgrade your profile to Premium User package.
If you click on the “Sign In” button this means that you will register your profile as a Free User and use of such profile will be free of charge.
You may also use all the features available at our Premium User package for free if you activate free trial subscription package.
When you choose to use free trial subscription package you give your consent to that after the end of the trial period your subscription package will be automatically changed to the Premium User package if you do not cancel such subscription at least in 24 hours prior to the end of the free trial package.
If you do not cancel your free trial subscription least in 24 hours prior to its end you will be automatically charged for 1 week/1 month of Premium User package (information about type of such package will be indicated on the page offering free trial period). You will be automatically charged for the renewal during 24 hours before the end of your free trial period.
You are able to cancel free trial subscription package at any time through your Google Play or Apple's App Store profile and according to Google Play or Apple's App Store terms of use.
Any amount of consumable features that you did not use during the free trial period will be removed upon the end of free trial period and you will not be able to use them anymore. And also, any unused part of free trial package, if such package is offered to you, will be forfeited if you cancel free trial package or purchase Premium User package before expiration of free trial package.
Free trial package may be used only once. If you try to use free trial package once again you will be charged as if you purchased Premium User package, and such charge will take place at the moment of confirmation.
9. Premium User Package
We offer Premium User package that you may choose to use.
Premium User package will give you the possibility to use full specter of features that we provide to you on our services (e.g., unlimited amount of matches, chats, and top stories, extended filters, and other features that will help you to use our services more effective).
The price for Premium User package can be found at Google Play market or Apple's App Store. After the confirmation of purchase the payment will be withdrawn from your Google Play or Apple's App Store account.
Prices for the Premium User package may be changed at any moment, without notification to you and at our sole discretion.
If you use your debit, credit card, or other payment method available on our services, to pay for subscription, please be informed that after the term of your subscription will expire your subscription will be subject to the automated renewal for the same period of time and for the price applicable at the moment of such renewal, if not cancelled (e.g., one-month subscription will be extended for one month).
The charge for renewal will be withdrawn during 24 hours before the end of your active subscription period and you will receive the notification about the cost of renewal.
You may at any time manage or turn off the autorenewal in the settings of your profile which you have at the Apple’s App Store or Google Play.
If you purchase Premium User package before expiration of free trial period or cancel the free trial period before such expiration takes place all the unused part of trial period will be forfeited.
You reserve the right to change or terminate your subscription at any time. If you used your Google Play or Apple's App Store account to buy subscription you will need to change or terminate your subscription via such Google Play or Apple's App Store account and follow the provisions of their terms of use.
Your payment for the Premium User subscription package is not refundable, if otherwise is not directly stated in this Agreement. We reserve the right to terminate your profile if you initiate a chargeback or in any other way reverse a payment through the payment method you use. If we will achieve a success in connection with dispute resolution related to your chargeback or reversal of funds and we will receive such funds back you shall not have any right in relation to reinstatement of your subscription or refund.
You shall bear sole responsibility for all costs connected with your use of the payment method you have chosen (e.g., transaction fees, exchange rates, interests or any other possible charges that may be applicable). We have the right in our sole discretion to offer free subscription to any user, at any time and for any term and charge other users at the same time. We may also revoke free use of our services or free trial period at any time and for any or all of our users.
If you want to use all features that we provide on our services you have to purchase our Premium User subscription package. If you obtain a Premium User subscription package you expressly give your consent to our provision of services to you, right after we receive your payment.
We offer such kinds of packages:
1 week package;
1 or 3 or 6 or 12 months packages;
free trial package for 1 week:
welcome offers for 7 or 30 days which have discount on the first charge;
The fees established for each kind of our subscription package is listed on the payment page. We kindly ask you to review our payment page very carefully before making payments.
Please be informed that after you subscribed to any package, as well as for trial period, after the term of your subscription will expire your subscription will be subject to the automated renewal and you will bear responsibility for the automated renewal billing. Automated renewal will be made for the same period of time and for the price applicable at the moment of such renewal, if not cancelled (e.g., one-month subscription will be extended for one month). This means that once your first subscription period has expired for your comfort it will be renewed on the automated basis and so on until you cancel it. Every time subscription renewal will take place, the store that you used to buy initial subscription will automatically charge your profile and inform you by email after such charge was made. Annual and monthly subscription cycles will always correspond to your billing cycles on the basis of the date of your initial subscription.
10. Coins and Gifts
The Service which Flirtini will offer for purchase may also comprise coins and gifts that are digital elements of the user interface (a kit of images and buttons) the Members can interact with. You may use coins to send gifts to other Members to express your appreciation of or liking them or merely to attract their attention.
Being a piece of code and images, both coins and gifts are the intellectual property of Flirtini and are distributed by us under license in order to improve your user experience (the “Licensed Content”). Flirtini is a sole proprietor of such intellectual property and intellectual property rights to such intellectual property. By purchasing coins, the Member acquires a limited, revocable, non-transferable, and non-sublicensable worldwide license to access and use the coins as a part of the Service in order to interact with unique elements of the user interface (the “gifts” buttons), to communicate with other Members in a more effective way. Any other use of the Licensed Content is strictly prohibited.
Coins are displayed to users as little images within the ordinary user interface of the Service and gifts as a set of various buttons that allowed the Members to reach the goal mentioned above and communicate with each other. When a user pushes a “gift” button, another user sees that and may pay attention to and have a little chat with the “pusher”.
Coins can be exchanged on:
Profile boosters
Stories boosters
Rewinds
Gifts
Stickers
Etc.
The Licensed Content has no cash equivalent, monetary or other value, it does not constitute currency or property of any type. The Licensed Content cannot and must not be sold or otherwise transferred to third parties, including other users, including, to the Members, cannot be used outside the Flirtni Service, and cannot be exchanged for cash, any goods or services, or any other thing which has any value for any person. Neither the Members nor other users have proprietary, ownership, or monetary interest to the Licensed Content, which remains Flirtini intellectual property. Users may not obtain a refund for the Licensed Content due to its online digital nature. The Licensed Content is fully consumed by you right after you buy access to it and it is shown to you through the Service. You must not purchase, sell, barter, or trade any of the Licensed Content, or offer to purchase, sell, or trade any Licensed Content (including for money or any other consideration or items of value whether inside or outside of the Flirtini Service). Flirtini and users recognize that any such attempted transaction will be null and void.
As to avoid any doubts, the Licensed Content does not have an equivalent value in real currency and does not act as a substitute for real currency. Neither Flirtini nor any other person or entity has any obligation to exchange the Licensed Content for anything of value, including, but not limited to, real currency.
Flirtini reserves the right to modify the Licensed Content at any time and at its sole discretion. Such amendments may impact the Licensed Content making it more or less common, desirable, effective, or functional. Flirtini is entitled to terminate or strike off a license and immediately restrict the Licensed Content to be used for any or no reason, in its sole discretion, and without advance notice or liability.
You are prohibited to execute of or solicit in: (a) exchange the Licensed Content for money, donation, or any other value; (b) request money, donation, or any other value for the Licensed Content; (c) providing of or request any items, including without limitation, merchandise, services, including without limitation, commercial dating, favors, private conversation, etc. that any person can associate with any monetary value in exchange of the Licensed Content.
When your Flirtini profile is deleted (whether by you or by Flirtini), blocked or you do not use the Service for more than 6 months, you will be deprived of the license. You have no right to request any reimbursement for the period when you do not use the Licensed Content.
11. Disputes
If you do not agree with any charge that was withdrawn from your account you give your consent to immediately contact us with the purpose of resolving such dispute. You have to contact us via email or phone and provide evidence and explanations related to your dispute of the charge. This will give us an opportunity to swiftly, precisely and correctly evaluate your claim and return you the disputed amount as soon as possible, but only in case when your claim was justified. Any dispute should be initiated during first three months from the date the transaction took place.
Please be informed that if you purchased subscription for our application via Apple's App Store service, following the provisions of Apple’s policies we shall not provide any refunds to any payment that was done through this service.
We provide no refunds except cases when there are alleviating conditions that in our opinion require a refund. As an example, these can be cases when our services did not work correctly for any reason. In such cases we will issue a refund but only after detailed and precise investigation of every specific case. We will also take into account comments and complaints made by other users of our services. We provide no guarantees that your claim will be satisfied and we will not consider simple discontent of a user with our services or deep regrets of a user as a reason to issue a refund.
No cash refunds are available, the refund will be issued back to you by our authorized billing agent using the same payment method that you used to make transaction.
If the refund is issued for a billing that is occurring repeatedly, such refund will be issued only for the very last payment. If we issue a refund for such recurring billing, it will also entail instant termination of the recurring service. If we issue a refund for any other nonrecurring service, it will also entail instant termination of such service.
After we issue a refund, we may add you to the negative databases of our authorized billing agents and/or to agents that work with fraud prevention in relation to our products.
12. Criminal and Background checks of Users
You shall bear sole responsibility for any communication or interaction with other users on our services. You also understand and accept that:
we do not monitor, control or in any other way check activities of our users, whether online or offline;
we do not conduct any interviews with our users;
we do not provide any background data checks, as well as checks of criminal background;
we do not make attempts related to checking the correctness of any post or statement made by our users;
We provide no representations or warranties related to conduct or behavior of any user or any other person acting on his/her behalf and using our services. You understand and give your consent to comply with all necessary safeguards and precautionary measures when exercising any kind of communication, interactions, meetings, whether online or offline and/or dating with other user(s) of our services. You must not share or in any other way disclose your financial or personal data to the unknown persons or strangers.
13. You Login Data Security
You understand and give your consent to bear responsibility for keeping your username data and password of your profile confidential. You understand and accept that we shall bear no responsibility for the access to your profile that was obtained by third parties as a consequence of you sharing or disclosing your username and password data or your personal data or if such access resulted from data theft or other kind of misappropriation. We may terminate your profile or suspend your access to our services if we suppose or believe that any unauthorized access to your profile took place or there were any attempts to obtain such unauthorized access.
14. Flirtini Rights
Proprietary Rights You understand and accept that all content, all intellectual property rights (e.g., any copyright, trademarks (both registered and unregistered), know-how, trade secrets, etc.) related to such content that is provided on our services is our property or is used by us under exclusive license. We shall grant you no other rights related to our services, content or any intellectual property right described above except as expressly provided by this Agreement.
Use of Content Generated by You When you post, share or in any other way disclose any data or content (e.g., content protected as copyright, etc.) images, name and photos to your profile or any other part of our services that can be accessed by other users, when you do so, you grant us and you warrant that you have all the rights to grant us and our partners a sublicensable, royalty-free, irrevocable, transferable, worldwide, non-exclusive license to display, copy, use, publish, translate, reformat, broadcast and distribute such data and content. You also waive any potential violation rights and/or moral rights related to such data and/or content We reserve the right to sublicense or in any other way assign the license that you grant to us following the provision describes above, to any of our successors and/or affiliates without your further approval.
Please be informed that we also reserve the right to use your content, as well as your photos for the promotion, advertising or publicity purposes. If you don't want us to exercise the right mentioned in previous sentence please get in touch with us.
If you wish to learn more about how we collect, store, process and use your data please familiarize yourself with our Privacy Policy: Privacy Policy.
Right to Edit or Remove Content We have a right but not obliged to monitor or check the content or data that user or anyone who uses his/her profile, post, share, submit or in any other way disclose on our services. We may change, alter, edit or remove such content or data:
that in our view infringes or may infringe any applicable law or regulation or any provision of this Agreement;
when we receive a complaint or request from any third party to remove such data or content for example because disclosure of such content or data violates intellectual property rights of such third party.
15. Links to the Services of Third Parties
We may place links to services of third parties on our application. We provide such links for your familiarization only. We have no control and cannot change or in any other way influence the content disclosed to you on such websites or applications and we shall bear no responsibility for anything connected with such links, including but not limited to any damages or loss that may be the consequence of your access to such websites and/or applications.
16. Third Parties Content and Videos on Demand
Our application may contain or we may provide you with links to other websites or applications owned by third parties through our services that contain, including, but not limited to images, text, video, audio, graphics, software or other content generated by such third parties. We do not monitor, check or in any other way investigate correctness, completeness, suitability or appropriateness of such content or websites or applications and we shall bear no responsibility for any such content and services provided on such websites or applications that you may access through our services. When you accept offers of third parties or access website or application owned by third party you will be subject to terms of use and privacy policy established on such third-party website or application. Please be informed that when you accept such offers of third parties their terms of use and privacy policies apply to you.
17. Right of Third Parties
When you upload, submit, share, post or in any other way disclose any content on our application, you represent and warrant that you are the author and owner of such content and that if we use such content in accordance with provisions of this Agreement we do not violate any rights of any third party (e.g., intellectual property rights, publicity rights, contract rights, privacy rights, etc.) and you give your consent that you waive any moral rights associated with such content, as well as right of authorship. We may reveal your identity to any third party who claims that content that you posted, shared, submitted or in any other way disclosed on our services infringes its/his/her right of privacy, intellectual property rights or any other right that such third party may have in relation to such content.
We established special procedure for complaints investigation related to the infringement of copyright of third parties. Under the Digital Millennium Copyright Act of 1998 all claims, notifications and complaints related to the violation of copyright shall be send to our Designated Agent whom you may contact at: support@flirtini.com All requests, claims and complaints that have no relation to such procedure shall not be responded.
18. Profile Data Transfer
Following the provisions of our Privacy Policy in cases of merger, acquisition, rebranding, reorganization, sale of any part of our assets your data may be the one of assets that will be transferred to third party that may be the party of such transaction. If any of the situations described above takes place we will inform you about how your data will be transferred, used, handled and processed, we will notify you through the means of electronic messaging or by making post(s) on the public parts of our application. If such notifications do not contain any information about the end of our services and/or closing of the application it is presumed that your subscription and autorenewal billing will not undergo any changes until cancelled by you in accordance with terms of use of the new owner or operator.
19. System of Automatic Notification
To increase and improve communication and interaction between our users and to inform you about any activity of new user (e.g., uploading a photo, creation of new post, registration, etc.) or new matches, we may notify you through different means of communication available on our services (e.g., instant messaging, pop ups, push notifications, etc.) and all together referred as “Activity Notifications”. If you receive an Activity Notification inside the app, it will be marked by a specific small sign in appropriate app section. Only Premium Users will be able to receive, view and answer all kinds of Activity Notifications through our services. You reserve the right to refuse from receiving all or some kinds of Activity Notifications, to do so please enter setting of your profile, section "Notifications", sub section "Push" and “Email”. You understand and accept, that with the purpose of boosting of your profile by distributing Activity Notifications (e.g., your posts, uploaded photos, etc.) related to your profile among other users on your behalf, such distribution will be made on the automated basis and you give us your consent to provide such distribution on your behalf.
20. Term and Termination
This Agreement will enter into force from the moment when you register your profile as a Free User or Premium User and will remain into force until terminated.
Your subscription is subject to the automated renewal, every time it will be renewed for the same term, equal to the initial term and in accordance with relevant price, applicable to such subscription at the moment of the autorenewal and in accordance with billing process described in this Agreement.
Please be informed that if you want to terminate your subscription, you have to cancel it before the end of the subscription term that you selected in order to not to be charged for the next period. You may change, alter or cancel your subscription at any time, to do so please follow the cancellation procedure described in this Agreement. Both you and us reserve the right to terminate your user profile for any reason and at any time by notifying each other.
We may instantly terminate or suspend your use of our services for any reason and with no notification. We may also, at any time and in our sole discretion, delete any data related to your profile or any other data you placed on our services. If we suspend your access to our services because of any supposed or actual violation of this Agreement, any applicable law or regulation, you give your consent to that all fees that you paid are final and cannot be returned and that all other unpaid or pending payments will be paid immediately. After the termination of your use of our services we may notify other users with whom you communicated through our services about such termination, such notification will contain explanation of such termination.
21. Cancellation Right of User
You reserve the right to cancel your subscription or terminate your profile through your Google Play or Apple's App Store profile and according to Google Play or Apple's App Store terms of use.
21. Warranties Disclaimer
Provisions of this section shall be applicable to the maximum extent permitted by law.
Flirtini does not grant, make (and hereby refuse from) any representations, warranties, terms or conditions of any kind, whether explicit, implicit, established by law or in any other way applicable to our services (as well as to all data contained on our services) including but without restriction to any warranties of satisfactory quality, fitness for a particular purpose, merchantability or non-infringement.
We provide no warranties that your use of our services will be without a break in continuity, secure, without errors, always available, will meet any of your requirements or that any errors or defects that exist on our services will be cured or corrected. We provide no representations, warranties, terms or conditions and disclaim any responsibility or liability in relation to accessibility, availability and/or connectivity of our services. We provide our services on “as available” and “as is” basis. You shall bear sole responsibility for establishment of your access to our services (e.g., fees paid to internet provider or paying any other possible fees that are related to your access of our services). We shall bear no responsibility for any limitations in functionality of our services that may be the caused by issues connected with your access to our services via mobile services or any other services that may be currently used or developed in future to obtain such access.
You accept all the risks connected with performance, effort, accuracy and satisfactory quality. We shall provide no representation and warranties that our services and content will satisfy your needs and/or requirements. We refuse from, disclaim and deny all warranties whether established by law, explicit or implicit, including but not limited to warranties of fitness for a particular purpose, merchantability, accuracy, workmanlike effort, reliability, completeness, security, exclusivity, title, non-infringement, quiet enjoyment and also warranties that grant that your access and use of our services will be without a break in continuity, without errors, always available and without loss of content. There shall be no warranties of any kind that fall outside the scope of this Agreement or that may rise from or relate to course of dealing, usage of trade or course of performance. Our services may contain omissions, errors, faults, out-dated data or inaccuracies. We provide no guarantees and/or promises that you will achieve any specific results, outcomes or consequence from use of our services. We provide no warranties in relation to trustworthiness and reliability of any data or statement disclosed, shown, displayed or distributed via our services. We have the right but not an obligation to correct any mistakes, errors, faults or inaccuracies in any part of our services.
Any offers, statements, opinions, advices or any other data or content that is shared, disclosed, posted or distributed via our services but not by us, are made and related to the authors of such data and/or content and there is no necessity to rely on such content or data. The author of the content and/or data shall bear sole responsibility for such content and/or data. Flirtini does not:
guarantee or warrant usefulness, completeness or correctness of any data provided on our services;
accept, adopt, support or endorse any responsibility or liability for the correctness, reliability or trustworthiness of any statement, advice, opinion made by someone else, other than Flirtini.
In no event we shall bear responsibility for any damages or loses that became the consequence of anyone's trust or reliance on content or data that is posted, shared, transmitted, provided through or in any other way disclosed on our services by any user.
23. Limitation of Liability
Provisions of this section shall be applicable to the maximum extent permitted by law.
Under no circumstances we shall bear liability for any consequential, indirect or direct damages or loses that became the consequence or arise from direct or indirect use or inability to use our services (e.g., loss of data, corruption of data of software, loss of revenue or income, loss of anticipated savings, loss of goodwill, etc.) even if we know or have been previously advised about the possibility of occurrence of such loses.
Under no circumstances we shall bear liability for any damages, loses or claims, whether indirect, direct, special, general, consequential, incidental and/or compensatory that became the consequence of or connected with your conduct or conduct of anyone else while using our services (e.g., any type of injuries, emotional distress and/or any other types of claims, damages and loses that became the consequence of any interaction, communication, meeting and/or date with other user(s) of our services). Provisions of this paragraph shall also apply to including but without restriction to any claims, damages or loses that result from conduct of users who have used false identity, registered under false pretenses, misrepresented any facts and/or made any efforts to harm or defraud you.
Our total liability related to this Agreement and your use of our services shall be limited to:
the fees that you paid for the use of our services if you are a Premium User;
one hundred Euro (100 €) if you use our services as Free User.
Our liability for personal injury or death that is caused by our negligence and was proven and/or fraudulent misrepresentations or fraud that was made by us shall not be limited or excluded by this Agreement.
24. Indemnification
You give your consent to defend, indemnify and hold harmless Flirtini our directors, representatives, agents, officers, affiliates, employees, licensors, successors, suppliers, other related persons and third parties from any debts, actions, claims, demands, suits, costs, liabilities, expenses, fees (including reasonable attorney fees), damages, or judgments resulting from or having implicit or explicit connection with:
your or anyone else use of your profile or inability to use our services;
any data or content shared, posted or in any other way disclosed whether by you or anyone else using your profile;
violation of any part or provision of this Agreement or any rights of third parties whether by you or by anyone else using your profile;
violation of any applicable rules, regulations or laws whether by you or by anyone else using your profile.
We may at our sole discretion and at our own cost take control and defense on any matter which is subject to indemnification by you.
25. How You Can Report a Breach of This Agreement
You give us your consent to instantly report us about:
about any breach of this Agreement made by, including, but without limitation to other users or anyone else using their profile;
any supposed, suspected or known unauthorized access to your profile.
26. Customer Complaint Policy
Should you have any questions or requests related to this Agreement, our services or if you wish to file a complaint, please get in touch with us by:
phone: Email: support@flirtini.com
If you contact us by email you have to provide us with some data, including: your username and email address that you used when registering you profile, this data is needed for your verification as a profile owner, for us to be sure that you are authorized to change, alter or amend your profile.
Our postal address:
27. Data About Consumer Rights (For California Residents Only)
Provisions of this section shall be applicable only to California residents. Following the provisions of Section 1789 of the California Civil Code please note:
Service Provider: Address: Phone number: Email: support@flirtini.com
If as a result of disability or death the user who is resident of California, USA is not able to receive all services for the use of which the user concluded a contract because of disability or death, such user or his/her estate may make a decision to be released from duty of making payments for the services that he/she was able to receive before onset of disability or occurrence of death, with exceptions listed in paragraph 3).
Any amount that was prepaid by user for the services and was not received by him/her shall be refunded to his/her or his/her representative.
Disability – any condition that precludes from or makes impossible for user to physically use the services that he/she purchased (e.g., accessing and using content of online dating) during the period of such disability and if such condition of disability is evidenced in writing by a medical worker, designated and remunerated by user, and who has right to make such medical assessment report. Such written medical assessment report shall be provided to us for our verification of such claim.
If the medical worker determines that the disability shall last for less than six months, we reserve the right to prolong the duration of this Agreement for a six-month period without any additional payment made by user, instead of cancellation.
28. Complaints (California Residents Only)
You reserve the right to contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-800-952-5210.
29. Governing Law
This document is governed by laws of the app's operator as the case may be.