Terms and Conditions
Venue Participation Service & Website
1. Definitions
Flirteezee.com and the Venue Participation Service is operated and managed by Flirteezee Limited. Flirteezee Ltd is a company registered in England and Wales with company number 06424950. (VAT number 935460125). The registered office is located at Technium CAST, Parc Menai, Bangor, LL57 4HJ.
The Venue Participation Service (the “Venue Service”) is a texting service for adults to meet other users of the service. www.flirteezee.com (the “Website”) is a service for adults to meet each other online. Collectively these are referred to in these Terms and Conditions as “Services”.
The Terms and Conditions and this subsequent legal notice applies to the Services.
Please read these terms and conditions carefully before using the Services. Using the Services indicates that you accept these terms without modification regardless of whether or not you choose to register with us as a member and constitutes you being a party to this Agreement. If you do not accept these terms, do not use the Services.
2. Eligibility
In order for you to use the Services you must be eighteen years of age or over and have permission from the bill payer.
Use of the Services is invalid where it has been prohibited. By using the Services, 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.
3. Registration and Subscription
You may become a user of the Services for 50p (this figure may change - during Flirteezee's pilot phase all registration texts are charged at your standard network rate only). As a user you will have the ability to participate in some, but not all, of the features and services available within the Services. In order to access additional features and services, you may have to pay extra.
4. Scope of Services
The Services enable you to contact other users. Flirteezee does not provide a marriage brokering service and is not obligated to successfully broker any other members for you.
5. Term and Termination
a) Venue Participation Service This Agreement will remain in full force and effect while you are using the Venue Service. If you choose use the Venue Service, you are electing to commence the Venue Service immediately.
You may terminate participation of the Venue Service at any time, for any reason, by visiting www.flirteezee.com and closing your membership;
b) Website
This Agreement will remain in full force and effect while you are a member of the Website. Under the United Kingdom Consumer Protection (Distance Selling) regulations 2000 (as amended), you can postpone commencement of becoming a member of the Website until the seven working day cooling-off period has expired. However, if you choose to become a member and enter the Website, you are electing to become a member of the Website immediately and are thereby waiving any right to cancel the membership under the above regulations.
We may immediately terminate your access to the Services at any time because you have breached this Agreement and will send you notice of termination to the mobile number provided. We can terminate this Agreement at any time by giving you reasonable advance written notice.
6. Non Commercial Use by Members
The Services are for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become members and should not use the Services for any purpose. Illegal and/or unauthorised uses of the Services, will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
7. Intellectual Property
Flirteezee owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other intellectual property and proprietary information of Flirteezee, 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, reproduce, license, create derivative works from, transfer display, or sell or re-sell any such intellectual property or proprietary information.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or 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 at the Venue Service and/or on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorised 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; 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 authorised by the copyright owner, its agent, or the law; a signed statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
8. Content Posted on the Venue Service and Website
The information that you supply to Flirteezee and at the Venue Service must be accurate and conform to reality.
Other than personally identifiable information which relates to a living individual who can be identified from that information, which will be used in accordance with our PRIVACY POLICY, any material that you transmit or post to the Services will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
Flirteezee may review and delete any content, messages, photos or profiles (collectively, "Content") that in the reasonable judgment of Flirteezee violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users.
You are solely responsible for the Content that you publish, submit, post or display (hereinafter, "post") on the Services, or transmit to other members via the Services. You represent and warrant that at any time of posting the Content is (a) accurate, (b) not in breach of this Agreement, and (c) not harmful to any person in any way.
The following is a partial list of the kind of Content that is illegal or prohibited. Flirteezee reserves the right to amend this list at any time and 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 Services and terminating the membership of such violators.
It includes Content that:
I. Is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
II. Constitutes a profile or photographs of any third person used without their permission.
III. Harasses or advocates harassment of another person;
IV. Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
V. Promotes information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, obscene, defamatory or libellous;
VI. Promotes an illegal or unauthorised 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 music or links to pirated music files;
VII. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
VIII. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
IX. 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;
X. You must use the Services in a manner consistent with any and all applicable laws, regulations and codes of conduct.
XI. You shall not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
XII. You shall not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the Services 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 users.
XIII. Although Flirteezee cannot monitor the conduct of its users away from the Venue Service and Website, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
9. Prohibited Activities
Flirteezee reserves the right to investigate and terminate your use of the Services if you have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Services:
I. You will not impersonate any person or entity.
II. You will not "stalk" or otherwise harass any person.
III. You will not express or imply that any statements you make are endorsed by Flirteezee without our specific prior written consent.
IV. 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 Services or its contents.
V. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights.
VI. You will not remove any copyright, trademark or other proprietary rights notices contained in the Website.
VII. You will not interfere with or disrupt the Services or the servers or networks connected to the Services.
VIII. 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.
IX. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services.
X. You will not "frame" or "mirror" any part of the Website, without Flirteezee's prior written authorisation. You also shall not use meta tags or code or other devices containing any reference to Flirteezee or the Website in order to direct any person to any other web site for any purpose.
XI. You will not transmit or post any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world.
XII. Except and only to the extent permitted under applicable law, you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Services or cause others to do so.
You are responsible for maintaining the confidentiality of the password that you are designated during the registration process with the Services, and you are fully responsible for all activities that occur under your username and password. You agree to immediately notify Flirteezee of any unauthorised use of your username or password or any other breach of security. Flirteezee will not be liable for any loss or damage arising from your failure to comply with this provision.
11. Customer Service
Flirteezee provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your use of the Services and you will not be entitled to any refund of fees.
12. Member Disputes
You are solely responsible for your interactions with other uses of the Services. Flirteezee reserves the right, but has no obligation, to monitor disputes between you and other members.
13. Privacy
Use of the Services is also governed by our Privacy Policy. The personal information (including sensitive personal information) you provide to us will be stored on our computers. You consent to us using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the Services. If you are located outside the United States, please note that the information you provide is being sent to the United States. PLEASE BE AWARE THAT THE LAWS OF UNITED STATES ARE GENERALLY NOT REGARDED AS PROVIDING 'ADEQUATE' DATA PROTECTION AS CONTEMPLATED UNDER ARTICLE 25 OF THE EUROPEAN UNION'S DATA PROTECTION DIRECTIVE (95/46/EC). BY BECOMING A MEMBER OF THE SERVICE, YOU ARE CONSENTING TO (i) THE TRANSFER OF YOUR PERSONAL INFORMATION TO THE UNITED STATES; (ii) USE IN THAT COUNTRY; AND (iii) TRANSFER OF YOUR PERSONAL INFORMATION TO THIRD PARTIES AS MAY BE INVOLVED IN THE PROVISION AND OPERATION OF THE SERVICES, IN ACCORDANCE WITH OUR PRIVACY POLICY
14. Services Access
Access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
15. Disclaimers
The material at the Venue Service and Website is provided as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Flirteezee provides you with the Services on the basis that Flirteezee excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to these Services.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Services by us, our partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the Services. THIS LEGAL NOTICE AND THE FOREGOING DISCLAIMERS ARE WITHOUT PREJUDICE TO ANY MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER.
16. Limitation on Liability
Nothing in this legal notice shall exclude or limit Flirteezee liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
Subject to the foregoing, Flirteezee, and Flirteezee Limited will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Services in any way or in connection with the use, inability to use or the results of use of the Services.
Subject to the foregoing, Flirteezee's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Flirteezee for the Services during the term of use.
17. Modifications to this Agreement
We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with the Services, you may terminate the contract upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Services after the relevant period of notice has expired.
18. Ownership of rights
All materials on the Services are copyrighted and are protected under treaty provisions and world-wide copyright laws. All rights reserved. Flirteezee materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Flirteezee’s written permission. Except as expressly stated in the limited licence provisions in this Agreement, Flirteezee does not grant any express or implied right to you under any of its trademarks, copyrights or other intellectual property or proprietary information.
19. Release
In the event that you have any claim or action against any other user arising from that user’s use of the Services, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
In the event that a claim or action is brought against us from your activities or use of the Services, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.
20. U.S. Export Controls
Software from the Website (the Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21. Severance
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
22. Assignment
Flirteezee may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
23. Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Flirteezee as a result of this agreement or use of the Services.
24. Disputes
If there is any dispute about or involving the Services, by using the Services, you agree that the dispute will be governed by the laws of England and Wales without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the courts of London, United Kingdom.
25. Miscellaneous
This Agreement, accepted upon use of the Services and further affirmed by becoming a user of the Services, contains the entire agreement between you and Flirteezee regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
26. Contact Information
If you have any questions about the rights and restrictions above, please contact us at steph@flirteezee.com