- a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by Us from time to time, such modifications to be effective upon posting by Us on the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.
- b. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
- c. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact our Support Team.
- d. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age to register as a member of Services or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
3. Membership and Subscription; Pricing.
You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must become a paying subscriber to the Service. Please see Subscribe (or similar, like “Premium”) for a description of the current subscription plans and their prices. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. For purposes of this Agreement the term “Member” includes subscribers, unless where its usage indicates otherwise. From time to time, we may remove the profiles of non-subscribers with no any explanations or notifications.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by contacting our Support Team online. We may terminate your membership and/or subscription; we are not required to provide you notice prior to terminating your membership and/or subscription. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
6. Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Service will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
7. Your Interactions with Other Members.
- a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SERVICE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. Flirchi ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. Flirchi MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. Flirchi RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- b. IN NO EVENT SHALL Flirchi BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN ADDITION, YOU AGREE TO REVIEW Flirchi DATING TIPS PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT Flirchi MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
- c. The Service is offering mass messaging functionality where you may send up to 50 messages to numerous users, either online or offline. The Service allocates the messages sent based on internal algorithms that includes into consideration location, age, user behavior and other parameters;
- d. The Service may ask you to rate other users' photos or ask other users to rate your photo.
- e. The Service may send you the notification of other users visiting your profile (in a mail or on the website) if a user rates your photo or visits your profile on the Service;
- f. The Service operates an algorithm for the automatic allocation of attention and activity. The algorithm automatically determines users with insufficient incoming and outgoing activity, and then sends from the user a welcome message to the most appropriate contact (another user of the Service, defined as the most appropriate contact for the user by the algorithm). The task of the algorithm is to allocate the attention and activity among users of the Service. Automatic messages generated by algorithm differ from the standard messages in style and are easy to sprawl.
- g. The Service may automatically translate your name or your city to other languages;
- h. The Service is not taking any responsibility for the actions listed in this paragraph. If you do not agree with them, fully or partially, PLEASE LEAVE THE SERVICE IMMEDIATELY;
8. Content on Flirchi
- a. Proprietary Rights. Flirchi owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Flirchi, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Flirchi, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Flirchi does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Flirchi or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
9. Content Posted by You on Flirchi
- a. You are solely responsible for the Content that 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, 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). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Flirchi, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Flirchi of such change.
- b. You understand and agree that we reserve the right, but have no obligation, to monitor the information or content that is being submitting to the Services or post in the public areas of the Services. We have the right but have no obligation to remove any such information or content with no any explanations and notifications.
- c. By posting Content to any public area of Flirchi, you automatically grant, and you represent and warrant that you have the right to grant, to Flirchi, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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 authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Flirchi will not infringe or violate the rights of any third party.
- e. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that: is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. has features of porno or adult content, including, but not limited, content that represent sexual act, naked genitals etc.
- f. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- g. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- h. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Flirchi cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
- i. All information you include in your Member profile must be accurate, current and complete.
10. Prohibited Activities.
Flirchi reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. It includes, but is not limited to, Content tial list of the type of actions that you may not engage in with respect to the Service:
- a. You will not “stalk” or otherwise harass any person.
- b. 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 Service or its contents.
- c. 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.
- d. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- e. You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- f. You will not post, email 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.
- g. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- h. You will not “frame” or “mirror” any part of the Service or the Website, without Flirchi prior written authorization. You also shall not use meta tagas or code or other devices containing any reference to Flirchi or the Service or the site in order to direct any person to any other web site for any purpose.
- i. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
- j. You will not post any pornographic materials
11. Customer Service.
Flirchi provides assistance and guidance through its customer care representatives (“Support”). We may, from time to time, create profiles which are created, maintained and managed by our employees (“Staff Profiles”). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features and functionalities, and to research our products and Services. All Staff Profiles will be identifiable as such and in the event that you opt to communicate or interact with a Staff Profile you will be made aware of the nature of this Staff Profile.
12. Subscriptions; Charges on Your Billing Account; Refund policy
Billing and Payment. Flirchi bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay Flirchi all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Flirchi to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Flirchi may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may in our discretion terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your account or subscription reinstated. Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the Change / Cancel Membership (or similar) page on your Account Settings page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Flirchi to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize Flirchi to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Flirchi does not receive payment from your Payment Method provider, (i) you agree to pay all amounts due on your Billing Account upon demand, and/or (ii) you agree that Flirchi may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewal billing. Regarding the Service, you, the buyer, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of the Payment. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to both Calidus Investment ltd., Afentrikas, 4, Afentrika Court, office 2 6018, Larnaca, Cyprus and e-mail: support@Flirchi.com . Please include the e-mail address associated with your Flirchi account in this notice. If you have any additional questions regarding refund policy, please contact us: support@Flirchi.com or +380989075724.
13. Modifications to Service.
Flirchi reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Flirchi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. Blocking of IP Addresses.
In order to protect the integrity of the Service, Flirchi reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
15. Copyright Policy.
> You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Support Team with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
16. Member Disputes.
You are solely responsible for your interactions with other Flirchi Members. Flirchi reserves the right, but has no obligation, to monitor disputes between you and other Members.
17. Privacy and Communications.
a. Flirchi is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Flirchi is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Flirchi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Flirchi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in co nnection with the Service. Under no circumstances will Flirchi or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Flirchi expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Flirchi cannot guarantee and does not promise any specific results from use of the Website and/or the Service. b. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Flirchi makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Flirchi has no control over such sites and resources, you acknowledge and agree that Flirchi is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Flirchi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
20. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will Flirchi be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Flirchi has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Flirchi 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 Flirchi for the Service during the term of membership.
21. Indemnity by You.
You agree to indemnify and hold Flirchi, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service 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 above.
22. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
23. Responsibility of Parties.
For non-performance or improper performance of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of the country of the company that owns site Flirchi. Illegal use of textual and graphical information from the Site is prosecuted in accordance with applicable law, in accordance with international law. All disputes arising from the non-performance or improper performance of obligations under this Agreement, the Parties will resolve through negotiations. In case of not reaching сconsensus in the course of negotiations, disputes will be resolved in the courts in accordance with the regulations in force of the country of the company that owns site Flirchi.
24. Other and Amendments.
This Agreement contains the entire agreement between you and Flirchi regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by Flirchi at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Flirchi website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 12. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
Please Contact Us with any questions regarding this agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.