Terms of Service and Privacy Policy The whole point of FlirtingHearts, the fun of it, is that it's anonymous and confidential. Your identity only gets revealed when you match with someone. We will never reveal who you send messages to, or who you receive messages from. (Unless you match -- which means you have both sent FlirtingHearts.com messages to each other.) If you match with someone through FlirtingHearts.com, only the two of you will be notified. Summary of Terms When you access, browse or use FlirtingHearts.com, you accept the Terms of Service. You must be at least 18 years old to use FlirtingHearts.com. We do not control, edit or monitor any content posted, uploaded or transmitted via the FlirtingHearts website and cannot guarantee the accuracy, integrity or quality of such content. You agree that all of the information presented about yourself on the FlirtingHearts.com registration form is true, accurate and complete. You agree that you will not use FlirtingHearts or the services available on the FlirtingHearts website for illegal purposes, including posting information which is harmful, threatening, vulgar, obscene or otherwise objectionable. You also agree that you will not use FlirtingHearts or the related service for commercial purposes. You accept FlirtingHearts.com and the services available on the FlirtingHearts website on an "as is" and "as available" basis. You are solely responsible for your use of any content on the FlirtingHearts web site. Please report any violations of these Terms of Service to support@flirtinghearts.com. Acceptance of Terms. FlirtingHearts and the services appearing on the FlirtingHearts website (the "Service") are provided to users who are 18 years old or older free of charge by Webwise Entertainment ("Webwise"), subject to the following Terms of Service ("TOS"). If you register as a user of the Service, the TOS will govern your use of the Service, including the FlirtingHearts matchmaking service. By registering as a user on FlirtingHearts.com and/or completing the registration process, you are indicating your agreement to be bound by these TOS as they may be changed or modified from time to time by us without prior notice to you. These TOS are available for your inspection throughout the FlirtingHearts website (the "Site"). Please review the most current version of the TOS prior to making use of the Service. If you do not agree with the provisions of the TOS as in effect at any time, please do not make use of the Service. Your Registration Obligations. In consideration of your use of the Service, you will be required to provide us with certain information about yourself, such as your name, e-mail address, zip code, gender, age, member name and password, as provided by the FlirtingHearts.com registration form (all such information being referred to herein as the "Registration Data"). You agree (a) that you are 18 years old or older and (b) to provide true, accurate, current and complete information to us and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide information that we reasonably believe is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your access to, and your current and future use of, the Service. You hereby represent that you have the legal authority to register as a user according to these TOS. Registration and Password. Upon registration, you will receive a User ID and password. You are responsible for maintaining the confidentiality of your User ID, Registration Data and password. You shall be responsible for all uses of your User ID, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your User ID or password. Privacy Policy. Except as specifically described in these TOS, we will not sell to any third party your name, address, email address or User ID, unless you provide your informed consent to such a sale (which informed consent will take the form of an "opt out" or similar agreement). However, we may provide such information to third parties in order to comply with applicable legal requirements, government investigations or in connection with any legal proceedings. We also allow access to database information by third parties providing technical services, but only to the extent necessary or appropriate to operate the Service. Further, we may disclose to third parties your zip code, gender and/or age or other information, but only in the form of aggregated information which cannot be traced to you specifically. In addition, you agree that we may assign, sell, license or otherwise transfer to a third party, any Registration Data or other information in connection with any assignment, sale, joint venture or other transfer or disposition of all or substantially all of the assets or business of the Service. Please be advised that information you post to bulletin boards or in chat rooms becomes public once posted to the Site. Content. You understand that all information, data, text, music, sound, software, photographs, graphics messages and other materials (collectively, "Content") whether publicly posted or privately transmitted using the Service are the sole responsibility of the person from whom such Content originated. You agree that you alone are responsible for all Content, in whatever form, provided by you for posting, transmission in e-mails or for use with the Service and the consequences of posting or otherwise transmitting such Content. We do not control, edit or monitor any Content posted or transmitted using the Service and cannot endorse or guarantee the accuracy, integrity or quality of such Content. You understand that due to the interactive nature of the services offered on the Site, you may be exposed to Content that you find offensive, indecent or objectionable. Your Conduct. You agree not to use the Service to: · post, upload or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of the privacy of another, hateful or racially, ethnically or otherwise objectionable; · harm minors in any way; · impersonate any person or entity, actual or fictitious, including any employee of Likewise; · post, upload or otherwise transmit any Content that you do not have a right to transmit under applicable laws or which otherwise violates the intellectual property or other rights of others; · post, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation, except as expressly contemplated by the service used to post, upload or transmit such Content, or otherwise engage in any commercial activity; · post, upload or transmit any Content containing any software viruses, corrupted code or other software or programs harmful to the operation of another's computer; · disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the service are able to type or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; · stalk or otherwise harass another; · collect or store personal data about other Users; · attempt to gain access to any FlirtingHearts.com database or other of our computer systems; or · Falsify or delete any proprietary markings or legends as to the source of software or other Content appearing on the Service. If we determine, in our sole discretion, that you have violated any of the foregoing guidelines, we may terminate your registration and access to the Service. Although we do not control, monitor or edit Content, we reserve the right to do so from time to time and to remove all or any part of any Content we believe violates the foregoing guidelines or which is otherwise objectionable. We will cooperate fully with any governmental investigation regarding such Content and you hereby consent to our ability to access your account and records to investigate complaints or other claims that these TOS or any applicable laws have been violated without notice to you. Ownership of Content. By submitting Content to any public area of the Site, including any bulletin board, chat room or other discussion area (including where access may be restricted to a small number of users), you grant to Likewise a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any intellectual property rights that you may have in such Content. Anything contained herein to the contrary notwithstanding, by submitting content to any contest on the Site, you hereby expressly permit us to identify you as the contributor of such Content to the contest in any publication in any form, media or technology now known or later developed in connection with the Content unless you otherwise notify us in writing at the time you submit the Content that you do not wish to be identified. Indemnity. You agree to indemnify and hold Likewise and its affiliates, officers, directors, agents, partners and employees harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your violation of these TOS or your violation of the rights of any other person or entity. Modifications to Service. We reserve the right at any time and from time to time, without notice to you, to modify or discontinue, temporarily or permanently, all or any portion of the Service, without liability to you or to any third party. Links; Third Party Services. We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you agree that we are not responsible for their availability or for their content. We do not endorse such sites or resources and have no liability to you, direct or indirect, for any damage or loss caused or alleged to be caused by or in connection with your use or reliance on any such content. In addition, you may order services or merchandise through the Service from third parties not affiliated with Likewise ("Sellers"). All matters concerning services or merchandise desired from any Seller, including but not limited to payment terms, purchase terms, delivery terms, warranties and guarantees, are solely between you and such Seller. We make no warranties or representations concerning any such services or merchandise, nor do we in any way endorse the same. Acknowledgment of Ownership Rights. You acknowledge and agree that the Site, the Service and any necessary software used in connection therewith contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge that Content contained in advertisements or other information presented to you through the Service is protected by applicable intellectual property laws. Except as expressly agreed to by Likewise, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Service. Disclaimer of Warranties; Limitation of Liability. You expressly agree that your use of the Service is at your own risk. The Service is provided to you on an "as is" and " as available" basis. Likewise expressly disclaims all warranties of any kind, express or implied, including without limitation, any warranty or merchantability, fitness for a particular purpose or non-infringement. Likewise makes no warranty that the Service will meet your requirements, or that it will be uninterrupted, timely, secure or error free and Likewise shall have no liability, whether foreseeable or not, which may result from the unavailability or malfunction of the Service. You understand and agree that your use of any Content obtained from or through the Site is entirely within your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from your use of any such Content. You understand and agree that Likewise shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Likewise has been advised of the possibility of such damages) resulting from the use or inability to use of the Service, the cost of procurement of substitute goods, data, information or services, unauthorized access to or alteration of transmissions or data, the statements or conduct of third parties using the Service or any other matter relation to the Service. Some jurisdictions do not allow the exclusion of certain warranties or limitations or exclusions of liability for incidental or consequential damages, accordingly, some of the limitations in this Section 12 may not apply to you. Miscellaneous Provisions. These TOS constitute the entire agreement between you and Likewise and govern your use of the Service, superseding any prior agreements between you and Likewise (including, but not limited to, any prior versions of the TOS). These TOS shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions. Any controversy or claim arising out of or relating to these TOS or your use of the Service shall be settled by binding arbitration in accordance with the commercial rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in a state or federal court in New York having jurisdiction thereof. Except as set forth above, the state and federal courts of New York shall be the exclusive forum and venue to resolve disputes arising out of or relating to these TOS or any User's use of the Services. By using the Service and thereby agreeing to these TOS, you consent to personal jurisdiction and venue in the state and federal courts in New York with respect to all such disputes. In the event that any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect. The failure of Likewise to exercise or enforce any of its rights hereunder shall not constitute a waiver of such right. Likewise may assign its rights and obligations under these TOS and, upon such assignment, shall be relieved of any further obligation hereunder. Violations. Please report any violations of these TOS to support@flirtinghearts.com

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