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Terms of Service
Last Modified: Feb 23, 2023
Acceptance of the Terms of Service
By accessing, utilizing, or visiting https://www.flirtwith.ai(hereinafter referred to as the "Platform") or any of our Communities, included by not limited to our Communities on Discord and Reddit, including any content, functionalities, and services offered, you are indicating your acceptance and agreement to these Terms of Service ("Terms"), as well as our [Privacy Policy], which is included here within by reference.
These Terms are applicable to all users of the Platform and our Communities. All such parties are collectively referred to as "
you", "User", or "Users", as contextually appropriate, regardless of whether the Platform and Communities are accessed via computer, mobile device, or any other technological medium or method. The Terms are an agreement formed between you and FlirtWithAI Inc. ("FlirtWithAI", "us", or "we").
"
Content" means any and all information and content that a user submits, including the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate or post on the Platform or Communities.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of any right or provision.
Ability to Accept Terms of Service
You affirm that you are at least 18 years of age. You also assert that you possess the legal capacity and competence to comply with, abide by, and consent to the terms, conditions, responsibilities, declarations, representations, and warranties stipulated in these Terms of Service. The Platform and Communities should not be accessed if you are under 18 years of age.
Age Requirement
FlirtWithAI is committed to providing a safe Platform for our users. Our Platform is strictly intended for individuals who are at least 18 years of age.
If you're under the age of 18, you are not permitted to use this Platform, create an account, or participate in any of our Communities. We take this policy very seriously and will actively remove accounts suspected to belong to individuals under the age of 18.
By using FlirtWithAI, you confirm that you are over 18 and that you'll abide by these terms. Misrepresentation of your age violates our Terms of Service and may result in immediate account termination.
Changes to the Terms of Service
We retain the right to modify these Terms of Service at any time and without providing prior notice. It is your responsibility to periodically review these Terms of Service for any amendments. Your continued use of the Website following any modification of these Terms of Service will indicate your acceptance of and compliance with the revised terms.
Upon posting, the latest version of the Terms of Service immediately supersedes all preceding versions, which will cease to have any legal effect.
Access to the Site
Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to access the Platform and Communities solely for your own personal, non-commercial use.
We reserve the right to change, suspend, or cease the Platform & Communities without notice to you. You agree that we will not be held liable to you or any third-party for any change, interruption, or termination of the Platform & Communities of any part.
No Support or Maintenance: you agree that we will have no obligation to provide you with any support in connection with the Platform & Communities.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform & Communities and its content are owned by us. Note that these Terms and access to the Platform & Communities do not give you any rights, title, or interest in or to any intellectual property rights. We reserve all rights not granted in these Terms.
Content
You are exclusively responsible for your Content. You bear all risks associated with the use of your Content. You hereby confirm that your Content does not violate our Terms. You may not represent or imply to others that your Content is in any way provided, sponsored, or endorsed by us. Because you alone are responsible for your Content, you may expose yourself to liability. We are not obliged to backup any Content that you submit; also, your Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your Content if you desire.
Prohibited Content
Prohibited content includes any content that:
- Is illegal in anyway or advocates, depicts, or promotes illegal activity of any kind.
- Promotes or constitutes any form of human trafficking.
- Depicts sexualized minors, as defined by individuals under the age of 18.
- Gore, bestiality, or sexual violence.
- Solicits or shares private information about an individual ("doxing").
- Solicits or shares users account login credentials.
- That violates any third-party, intellectual property or proprietary rights.
- Engages in intimidation, bullying, or provokes others into similar behavior.
- Contains inflammatory or hate speech, including content promoting violent extremism or political agitation.
- Illustrates, extols, incites, advocates, or backs terrorism or acts or individuals involved in violent extremism.
- Showcases, encourages, or illustrates acts of self-harm or suicide.
- Constitutes spam, deceptive content, or misinformation.
- Promotes actions that could be deemed criminal, could lead to civil penalties, transgress any law, or are generally inappropriate.
- Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
- Circumvents or conveys information on how to bypass moderation controls or any other security features.
- Includes self-promotion, promotion of other tools or services, repeated irrelevant or inappropriate messages (spam)
Acceptable Use
You agree not to use the Platform & Communities to collect, upload, transmit, display, or distribute any Content that:
1. violates any third-party right or any intellectual property or proprietary right;
2. is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, defamatory, false, intentionally misleading, trade libelous, pornographic involving minors, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
3. is harmful to minors in any way; or
4. is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
1. upload, transmit, or distribute to or through the Platform & Communities any software intended to damage or alter a computer system or data;
2. send through the Platform & Communities unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
3. use the Platform & Communities to harvest, collect, gather or assemble information or data regarding other users without their consent;
4. interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform & Communities, or violate the regulations, policies or procedures of such networks;
5. attempt to gain unauthorized access to the Platform & Communities, whether through password mining or any other means;
6. harass or interfere with any other user's use and enjoyment of the Platform & Communities; or
7. use software or automated agents or scripts to produce multiple accounts on the Platform & Communities, or to generate automated searches, requests, or queries to the Platform & Communities.

We reserve the right to review any Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your Account, and/or reporting you to law enforcement authorities.

If you provide us with any feedback or suggestions regarding the Platform & Communities, you hereby assign to FlirtWithAI all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we believe appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.

You agree to indemnify and hold us and our officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of:
1. your use of the Platform & Communities,
2. your violation of these Terms,
3. your violation of applicable laws or regulations, or
4. your Content.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Other Users
Each user is solely responsible for any and all of their own Content. Because we do not control Content, you acknowledge and agree that we are not responsible for any Content, whether provided by you or by others. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.

You hereby release and forever discharge FlirtWithAI and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform & Communities. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons
FlirtWithAI uses 'cookies' on our platform. These cookies are used to store information including visitors' preferences, and the pages on the Platform that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
Disclaimers
The Platform & Communities are provided on an "as-is" and "as available" basis, and we expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no guarantee that the Platform & Communities will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Platform & Communities, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall we or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Platform & Communities even if we have been advised of the possibility of such damages. Access to and use of the Platform & Communities is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (USD $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination
These Terms will remain in full force and effect while you use the Platform & Communities. We may suspend or terminate your rights to use the Platform & Communities at any time for any reason at our sole discretion, including for any use of the Platform & Communities in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Platform & Communities will terminate immediately. You understand that any termination of your Account may involve deletion of your Content associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the Terms will remain in effect.
Indemnity
You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of the Platform & Community, including your Content, products or services you develop or offer in connection with the Platform & Community, and your breach of these Terms or violation of applicable law.
Disclaimer
THE PLATFORM & COMMUNITY ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE PLATFORM & COMMUNITY, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE PLATFORM & COMMUNITY WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
Copyright Policy
The FlirtWithAI Platform / website located at https://www.flirtwith.ai is a copyrighted work belonging to FlirtWithAI. We respect the intellectual property of others and asks that users of our Platform & Communities do the same. In connection with our Platform & Communities, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Platform & Communities who are repeated infringers of intellectual property rights, including copyrights.

If you believe that one of our users is, through the use of our Platform & Communities, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us:

1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Platform & Communities. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Platform & Communities. These changes will be effective immediately for new users of our Platform & Communities. Continued use of our Platform & Communities following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Electronic Communications
The communications between you and us use electronic means, whether you use the Platform & Communities or send us emails, or whether we posts notices on the Platform & Communities or communicates with you via email. For contractual purposes, you
1. consent to receive communications from us in an electronic form; and
2. agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Your Privacy.
Please read our [Privacy Policy]

Copyright/Trademark Information.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Platform & Communities are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information
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