Terms of Service
1. Description of Service
Flirtalike (www.flirtalike.com) is a mobile flirt service for all xhtml capable devices like cellphones, smartphones or even regular computers. The service is operated by
m47 interactive UG
Greifswalderstr. 47
10405 Berlin
Germany
info ad m47interactive punctuation com
www.m47interactive.com
The operator provides users of the service access to the technical platform for the exchange of data on the Internet for the purpose of flirting in a mobile internet environment.
In order to make asynchronous communication possible, flirtalike stores data entered by the user securely in their database.
Flirtalike is exclusively intended for personal-private use by its members and must not be used for commercial purposes unless this has been explicitly consented to by flirtalike in writing.
2. Data protection
2.1 Use of cookies:
By using our service you grant us the right to store cookies on your device / in your browser.
2.2 Notification emails: By using our service you grant us the right to send you notification emails triggered by activity on your profile like new message, new flirts, new visitors or friend requests. However you can unsubscribe from these notifications within your account settings.
2.3. web tracking / mobile tracking: You agree to let us track your visits anonymously via 3rd party tracking tools. The data collected with these tools is not connected to your real life identity in any way and will just be used for statistic reasons to optimize our service. It will not be handed out to others nor sold.
2.4 location based data: You agree that flirtalike will collect and store your location information to match you with other nearby users. However this location based feature and the corresponding data collection will only be enabled once you agree to the corresponding notification box shown once you use one of flirtalike's location based service features. You agree and fully understand, that flirtalike will permanently store your latest location that either your device transmitted to the flirtlaiike's servers or that was calculated by using your postal code or any other geographical information stated in your profile. However flirtalike will never use this location based information other than for it's intended use of the matching algorithm inside flirtalike's services. Flirtalike further acknowledges, that it will not hand out this personal data to any 3rd parties.
In addition to using your location-based data for the internal matching algorithm, flirtalike will anonymously display your location as a part of our search results. The anonymization ensures that no one can track your exact location. Instead of displaying exact location information, flirtalike obscures your location in a generic, proximity-based way by using statements such as "within 5 miles".
3. Intellectual property rights
You grant us the right to display all information (text) entered by you as well as your uploaded pictures or videos on our site and therefore making it available to all users as well as search engines, other yet unknown 3rd parties or even aliens accessing our site. Internal information like messages, flirts and other user to user communication will of course be protected and cannot be seen by 3rd parties.
We will not use your data (text, images or video) outside our environment without asking you for permission.
By uploading images or video you guarantee
- The main depicted person is really you
- That you have the full rights to use the image or video
- That all eventually further depicted persons beside you agreed to the use of the image or the video.
4. Your liablities
Age: By signing up to flirtalike you state that you are at least 18 years of age.
Logindata: By signing up to flirtalike, you agree to keep your logindata secret. If someone else uses your phone or account, you are responsible, not us.
content: The responsibility for all information, data, texts, photographs, images, messages or other materials (content), which are generally or publicly communicated or published, lies solely with the person who has uploaded or entered such content. Not flirtalike, but rather, the user, bears the responsibility for any content that he or she enters, publishes or sends within the context of this service.
The following contents and activities are generally prohibited on flirtalike:
- through which the other users and/or third parties and/or employees of flirtalike and its sub-contractors and partners could be endangered, offended, injured or otherwise harmed,
- through which laws or other regulations are violated,
- through which the ancillary rights of third parties are infringed,
- which are of a commercial nature, unless this has been explicitly consented to by flirtalike in writing; commercial offers are, in any case, to be clearly identified as such.
- The depiction of naked people, violence or any indecent or sexually explicit representations; contents or activities that promote the sexual or violent exploitation of any people and animals;
- contents or activities which promote the direct or indirect harassment of another person; contents or activities that depict children or youngsters in a sexual manner; this also applies to any virtual depictions;
- acts of violence which are sexist or pornographic and/or portray the sexual abuse of children or youngsters or sexual actions between people and animals; this also applies to any virtual depictions;
- the propagation of slanderous, indecent or otherwise illegal material, the harassment or threatening and infringement of the personal rights of other users or any other third parties.
- Racism, hatred, anti-Semitism, defamation of a religion or world view, agitative activities
With regards to the location-based features in flirtalike: you agree and you guarantee that you will not use the flirtalike service or any location information displayed within the flirtalike's services to “stalk”, harass, abuse, defame, threaten or defraud other users nor collect, attempt to collect, or store location or personal information about othe
5. Data collection, phishing and similar activities
5.1. It is not allowed to contact other users of flirtalike for any commercial reason
5.2. It is not allowed to collect and store any data besides your own generated and received (text only) content.
5.3. It is not allowed to create and operate pages looking similar to flirtalike in order to phish any data of the users of flirtalike
6. Fees
For now, registration, membership and the use of most features provided by Flirtalike are free of charge.
Addtionally, Flirtalike provides access to premium features. Premium features can only be used through spending flirtpoints which can be purchased for use. These flirtpoints are a Flirtalike internal virtual currency (henceforth known as "flirtpoints" -so from then on the term "flirtpoints" always refers to this virtual currency. Premium features include the sending of "gifts" (virtual representations of desireable real-world objects) to other users as well as other features that Flirtalike may introduce in the future.
- When you use any Flirtalike premium feature your flirtpoints balance will be decreased by the flirtpoint value associated with that feature.
- You can see and top-up your flirtpoints balance in the "My Flirtpoints" page which is accessed from your profile.
- If you end your membership by deleting your account or asking us to do so for you, Flirtalike can - but is not bound to - refund purchased flirtpoints or their equivalent in real currency.
- If we terminate your membership and delete your account due to a breach of our TOS (which we are entitled to do at any time without further notice), you shall not be entitled to a refund for any unused flirtpoints nor for any fees or other payments in real currency associated with your membership.
- The rate of real currency paid for flirtpoint purchases varies with your country of residence, the exchange rate at the time of purchase, and the sole will of flirtalike.
- The value, in flirtpoints, of premium features is controlled by Flirtalike and does not have any correlation to real-world products.
- Flirtalike is allowed to change the flirtpoint value of premium features at any given time without further notice.
Additionally, for accessing and using Flirtalike, the standard data connection rates charged by your telecommunications supplier or suppliers (e.g. internet or mobile communications provider) are applicable. Those rates are not influenceable by Flirtalike and, as such, it is your own responsibility to make sure you have a suitable data option or plan.
7. Liability of flirtalike
7.1 Flirtalike shall not be held liable for content published by users or any other publications/disclosures by its users; this particularly applies to cases in which the content uploaded by users violates ancillary copyrights (e.g. trademark rights, copyrights, etc.) or the personal rights of third parties. This non-liability also applies to the content of Internet sites, which have been linked to by users of flirtalike.
As soon as we become aware of illegal offers/contents/activities on flirtalike or linked sites, we shall undertake all technically and financially possible and feasible measures in order to prevent such activity. However, due to the open character of flirtalike, which has constantly changing offers and contents, an ongoing control of the offers/contents on flirtalike or linked sites is not possible or reasonable for us unless any concrete indications of legal violation have been called to our attention.
7.2 Flirtalike shall not be held liable for the accuracy, completeness, precision and content of the details provided by its users in the registration/profile data of the users or for any other content on flirtalike which has been generated by users.
7.3 Flirtalike shall not be held liable for commercial, physical or intangible losses resulting from the use of this networking and communication platform, to the extent that the loss is not verifiably due to deliberate action or gross negligence by flirtalike or its employees.Flirtalike shall not assume any liability for the possible misuse of information.
7.4 Flirtalike shall always endeavour to ensure proper operation of the flirtalike network at all times. However, flirtalike shall not be held liable for the disrupted usability/accessibility of flirtalike or for any technical transmission delays or failures. A temporary disruption of the flirtalike service can result, for example, through technical interferences or necessary maintenance work.
7.5 Flirtalike shall not be held liable for the unauthorised access to personal data by third parties (e.g. through any unauthorised access to the database). Flirtalike shall also not be held liable for the details and information users have made accessible to third parties themselves, which are subsequently misused by these third parties.
7.6. Each user must solely assess and bear the risk associated with the use of contents, including the risks resulting from his or her relying on the accuracy, completeness or usability of content for his or her purposes. To this extent, the user acknowledges that he or she cannot rely on content that has been created by flirtalike or provided by other users or third parties to flirtalike.
8. Contract duration and cancellation
Flirtalike has the right to cancel the contract with immediate effect without prior notice at any time. Cancellation of the contract can also result in deletion of the profile. The user can also cancel anytime by sending a mail to support ad flirtalike com
Flirtalike shall especially reserve the right to exclude users who violate these Terms of Service, temporarily or permanently, by blocking/deleting user accounts and flagging these as locked.
9. Copyright
The services offered by flirtalike and the services published on the flirtalike network are protected by copyright. No part of these services may be reproduced in part or whole for commercial, marketing or any other use without the explicit prior written approval of flirtalike. Users may make copies of contents for their exclusively personal, explicitly non-commercial use under the condition that the origin of such contents remains clearly recognizable. Any other form of reproduction, distribution or publication of contents without the prior written approval by flirtalike is prohibited.
Flirtalike respects the intellectual property of third parties and requests its users to do so, too.
10. Indemnity
You agree to indemnify and hold Flirtalike, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Flirtalike Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on or through the Flirtalike Services.
11. Other
This Agreement is accepted upon your use of the Flirtalike Website or any of the Flirtalike Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Flirtalike regarding the use of the Flirtalike Services. The failure of Flirtalike to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
12. Salvatorius clause
If individual provisions of the terms of participation should be or become invalid, the validity of the remaining terms of participation shall remain unaffected.
|
|
|
|
|