TERMS OF USE
Effective Date: January 13, 2022
IMPORTANT NOTICES
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SITES, APPS, AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PRIVACY POLICY, AND ALL OTHER TERMS INCORPORATED BY REFERENCE (IF ANY). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES, APPS OR SERVICES.
1. ACCEPTANCE OF AGREEMENT
- These Terms of Use (the "Agreement") constitute a legal agreement that governs the relationship with users and others who interact with Secret Flirt: Dating & Hook Up and our subsidiaries and affiliates ("Secret Flirt: Dating & Hook Up", "we," or "us") in connection with the use of Secret Flirt: Dating & Hook Up and/or other websites (the "Sites") and our Service (as defined below). Secret Flirt: Dating & Hook Up may make services, products and features available through our Sites, applications including Mobile Software and applications available on social networking sites and other platforms, and other downloadable products (the Sites, the applications, the downloadable products, and all products, services, and features provided by Secret Flirt: Dating & Hook Up in connection, including without limitation interfaces of the Service whether in whole or in part (therewith shall be referred to collectively as, the "Service"). Secret Flirt: Dating & Hook Up may offer additional services or products or modify or revise any part of the Service at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Service unless otherwise indicated. Secret Flirt: Dating & Hook Up also reserves the right to cease offering any part of the Service. You agree that Secret Flirt: Dating & Hook Up shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any part of the Service.
- Your use of certain parts of the Service may be subject to additional terms and conditions (if any), and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by Secret Flirt: Dating & Hook Up when you sign up to use, or use, such Service ("Additional Terms"). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated.
- All visitors to or users of the Service, whether registered or not, are "users" of the Service for purposes of this Agreement. If you register for the Service by creating an account (profile), you become a "Member."
2. CHANGES TO AGREEMENT
- THIS AGREEMENT AND ANY POLICY OR GUIDELINE OF THE SERVICE MAY BE MODIFIED BY Secret Flirt: Dating & Hook Up IN ITS SOLE DISCRETION AT ANY TIME. Secret Flirt: Dating & Hook Up shall provide notice of any such modification by posting the revised Agreement to the Sites.
- We indicate at the top of the page when this Agreement was last updated. If you are a non-subscribing user or a Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Sites, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement.
- You should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Service. If you do not agree to the amended terms, you must stop using the Service.
3. ELECTRONIC RECORDS
- Because the Service is provided electronically, you must consent to Secret Flirt: Dating & Hook Up's providing important information electronically if you wish to use the Service. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively, "Electronic Records"), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Secret Flirt: Dating & Hook Up may be required to provide to you.
- Electronic Records will be provided on our Sites, in applications or sent to the email address or phone number associated with your profile or otherwise rendered to you. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above.
4. ELIGIBILITY
- Age Restrictions. No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant you are at least 18 years of age. If you are under 18 years of age, then you are not permitted to use the Service.
- IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THE SERVICE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THE SERVICE IN VIOLATION OF THIS AGREEMENT, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER. YOU AGREE THAT Secret Flirt: Dating & Hook Up IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER AND IS NOT LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE.
- Accessing and/or using the Service is void where prohibited by applicable law of your location. By using the Service, 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. If any such representations or warranties turn out to be false or misleading in any way, your membership will be terminated immediately without refund of any unused or used funds in your account.
5. USE OF SERVICE
- You agree that you will only use the Service, including the posting of any content through the Service, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws.
- Subscriber Profile. You will create only one unique valid profile for use of the Service. You understand and agree that anyone may be able to view any information you choose to make publically available.
- Safety. The nature of the Service promotes the sharing of personal information by users with other users. Secret Flirt: Dating & Hook Up cannot and does not assure that it is safe for you to have direct contact with other users of the Service. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. If you believe that any user of the Service is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us so that we may take appropriate action to block further use of the Service by any user who is using the Service and information obtained from it for improper purposes.
You assume all risk when using the Service, including but not limited to all risks associated with any online or offline interactions with others, including dating. In addition, you agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU UNDERSTAND THAT SERVICE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ALL MEMBERS. Secret Flirt: Dating & Hook Up MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. Secret Flirt: Dating & Hook Up MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE ABILITY TO SECURE ANY VISAS OR OTHER INTERNATIONAL TRAVEL DOCUMENTATION. Secret Flirt: Dating & Hook Up 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. You acknowledge that not all users are available for matching and that Secret Flirt: Dating & Hook Up may create test profiles or accounts to monitor the operation of the Service.
- Profile Security. You understand that you are responsible for maintaining the confidentiality of the username and password of your profile, and you are fully responsible for all activities that occur under your username and password. You agree to immediately notify Secret Flirt: Dating & Hook Up if you suspect any unauthorized use of your username or password or any other breach of security. You acknowledge that Secret Flirt: Dating & Hook Up is not responsible for any loss or damage arising from the theft or misappropriation of your username or password.
- Personal Use. You will only use the Service for your sole, personal use and not in connection with any commercial endeavors. You will not (a) authorize others to use the Service on your behalf and (b) authorize others to use your profile on their own behalf or (c) otherwise attempt to transfer your right to use the Service to any other person or entity.
- No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Service and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Service in order to contact, advertise to, solicit or sell to any user without their prior explicit consent. You must not purchase, sublicense, grant, gift or otherwise alienate your rights to the Service in whole or in part and receive the Service or any rights to the Services in whole or in part from other users as a reward, payment, remuneration, settlement unless it is directly contemplated hereby.
- User Conduct. Secret Flirt: Dating & Hook Up is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Service. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK.
You agree not to do any of the following in connection with the Service or the users thereof:
- use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
- engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
- use the Service in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Service or interfere with or attempt to interfere with any other user's use of the Service;
- impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
- defraud, swindle or deceive other users of the Service;
- disseminate another person's personal information without his or her permission, or collect or solicit another person's personal information for commercial or unlawful purposes;
- solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
- use any scripts, bots or other automated technology to scrape or access the Service;
- use the Service for any phishing, trolling or similar activities;
- use the Service to redirect users to other sites or encourage users to visit other sites;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means or use the Service to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming activities; or
- use the Service to promote or facilitate prostitution and/or facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims;
- attempt to access any part of the Service that you are not authorized to access.
- Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by using a specific link on the Service or by contacting us at charlesamontaneza@gmail.com.
- Repeat offender policy. If the users who misused the Service, posted Prohibited Content or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe on more than one occasion, may be permanently suspended, deactivated or lose the right to use the Service. Moreover, should it be the case, Secret Flirt: Dating & Hook Up may block or prevent your access to and use of the Service at any time.
6. USER CONTENT
- Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, broadcast, stream, translate, display whether real-time or pre-recorded (created in advance) or otherwise communicate to Secret Flirt: Dating & Hook Up through the Service or to other users (collectively referred to as “post” or “streams”), including without limitation messages, data, text, photos, video, music, graphics, links, records, streams, broadcasts, audio-visual works or other materials posted through chat messages, video messages, community pages, email messages, mobile messages, any other types of live or recorded messages, photos, broadcasting or streaming, profile information or otherwise communicated to us or other users (your submissions and those of other users, collectively, are "User Content"). Secret Flirt: Dating & Hook Up does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is Secret Flirt: Dating & Hook Up liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. From time to time we may issue and amend some additional rules and polices as to regulate manner in which you can create and use the User Content within the Service.
- Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to Secret Flirt: Dating & Hook Up or to any other user. You may be required to supply certain information and post a photo of yourself to use the Service.
- No Obligation to Review User Content. Although you understand and acknowledge that Secret Flirt: Dating & Hook Up has no duty to prescreen, review, control, monitor or edit the User Content and is not liable for User Content that is provided by others, you agree that Secret Flirt: Dating & Hook Up may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Service at your sole cost and expense. This includes Secret Flirt: Dating & Hook Up's right to modify, crop or edit any photos you submit to comply with Secret Flirt: Dating & Hook Up's policies, practices and procedures.
- License of User Content to Secret Flirt: Dating & Hook Up. Secret Flirt: Dating & Hook Up claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Service or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Secret Flirt: Dating & Hook Up, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute (including but not limited to, with marketing, advertising or other commercial purposes) such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by Secret Flirt: Dating & Hook Up will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement.
- By posting User Content, you hereby release Secret Flirt: Dating & Hook Up and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
- Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Service may have copyright protection whether or not it is identified as being copyrighted.
- Prohibited Content. You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other Secret Flirt: Dating & Hook Up policy governing your use of the Service ("Prohibited Content"). We are entitled to amend, supplement or otherwise change the Prohibited Content listed below in any time, including, by issuing additional relevant rules and policies. The Prohibited Content includes without limitation User Content that:
- is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to, or does, harass, or intimidate any other user or third party;
- may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
- contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
- violates someone's data privacy or data protection rights;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- contains any advertising or promotional content; or
- is, in the sole judgment of Secret Flirt: Dating & Hook Up, objectionable or restricts or inhibits any person from using or enjoying the Service or exposes Secret Flirt: Dating & Hook Up or its users to harm or liability of any type.
- Submissions. Separate and apart from the User Content you provide as part of your use of the Service, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to Secret Flirt: Dating & Hook Up and our Service (collectively, "Submissions"). Submissions, whether posted to the Service or provided to Secret Flirt: Dating & Hook Up by email or otherwise, are non-confidential and shall become the sole property of Secret Flirt: Dating & Hook Up. Secret Flirt: Dating & Hook Up shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. Secret Flirt: Dating & Hook Up shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. PRIVACY AND MAILING
- Please refer to our Privacy Policy for information about how Secret Flirt: Dating & Hook Up collects, uses, stores and discloses personally identifiable information from its users.
- As well, we may send you service notifications and notifications on your profile activity in order to keep you updated and protect your Secret Flirt: Dating & Hook Up profile (the “transaction messages”). Terms of notification are set forth in our Privacy Policy and specified herein.
- In the event you are located in the USA, the following rules are applicable:
- by giving us the contact details, the you give us consent to receive messages and mailings via e-mail, SMS or by other means;
- we may send you non-commercial, related to the fulfilment of your or Secret Flirt: Dating & Hook Up’s obligations hereunder (basically, this is information about the main stages of our cooperation, literally, transaction messages);
- if we send you SMS, the approximate number of messages can reach 50 messages per month, but can be increased due to the intensity of your activity or activity of other users toward you within Secret Flirt: Dating & Hook Up application. In order to stop to receive SMS, it will be enough to send “STOP” to the number from which the messaging started (where available), or “STOP-SMS” to charlesamontaneza@gmail.com, but you have to indicate the mobile number of recipient;
- if we send you emails, all our emails will include the sender’s contact information (website name, contact phone number, physical post address and other information required by applicable law), as well as an unsubscribe button;
- If you decide to unsubscribe from mailings or other messages without reference to the content of the message, you shall send us a notification to charlesamontaneza@gmail.com. Upon receipt of such notice, we will cease mailing. Also, you can unsubscribe from through your account settings;
- all complaints about notifications and mailing will be processed without prolonged unreasonable delays. Any feedback, complaints, requests to stop mailing and unsubscribe from mailings will be processed free of charge.
8. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
- Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, interface (including user and functional interface), images, text, graphics, designs, illustrations, Secret Flirt: Dating & Hook Up logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the "Proprietary Materials"), and all intellectual property rights related thereto, are the exclusive property of Secret Flirt: Dating & Hook Up and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of Secret Flirt: Dating & Hook Up.
- You are granted a limited, revocable, non-sublicensable worldwide license to access and use the Service, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Service or cause others to do so; (ii) "frame" or "mirror" any part of the Service, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to Secret Flirt: Dating & Hook Up or the Service in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Service; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Service; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (vii) use any automated methods or processes to create user accounts or access the Service or (viii) use the Proprietary Materials or the Service other than for their intended purpose. Any use of the Service or Proprietary Materials other than as expressly authorized herein, without the prior written consent of Secret Flirt: Dating & Hook Up, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Secret Flirt: Dating & Hook Up reserves all rights not expressly granted herein in the Service and the Proprietary Materials. This license is revocable at any time.
- You are hereby acknowledged that Secret Flirt: Dating & Hook Up is entitled to terminate or strike off the license to access and use the Service anytime and at its own discretion.
9. COPYRIGHT POLICY
- If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) 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; and (vi) 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. Secret Flirt: Dating & Hook Up's designated Copyright Agent to receive notifications of claimed infringement is:
10. TRADEMARKS
"Secret Flirt: Dating & Hook Up," Secret Flirt: Dating & Hook Up's logos and any other trade name or slogan contained in the Service are trademarks or service marks of Secret Flirt: Dating & Hook Up, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Secret Flirt: Dating & Hook Up or the applicable trademark holder. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Secret Flirt: Dating & Hook Up and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
11. THIRD PARTY CONTENT
- Secret Flirt: Dating & Hook Up may provide third party content on the Service and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Secret Flirt: Dating & Hook Up does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Secret Flirt: Dating & Hook Up is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
- The Service may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Secret Flirt: Dating & Hook Up is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that Secret Flirt: Dating & Hook Up shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Service.
12. MOBILE SOFTWARE
- Mobile Software. We may make available software to access the Service via a mobile or tablet device ("Mobile Software"). To use the Mobile Software, you must have a device that is compatible with the Mobile Software. Secret Flirt: Dating & Hook Up does not warrant that the Mobile Software will be compatible with your device. Secret Flirt: Dating & Hook Up hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Secret Flirt: Dating & Hook Up account on one device owned or leased solely by you, for your personal use only. You acknowledge that Secret Flirt: Dating & Hook Up may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
- Mobile Software from iTunes or the App Store. The following applies to any Mobile Software you acquire or download from the iTunes Store or the App Store provided by Apple ("Store-Sourced Software"):
- you acknowledge and agree that this Agreement is solely between you and Secret Flirt: Dating & Hook Up, not Apple, and that Apple has no responsibility for the Store-Sourced Software or content thereof. Your use of the Store-Sourced Software must comply with the App Store Terms of Service;
- you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Store-Sourced Software. In the event of any failure of the Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Secret Flirt: Dating & Hook Up;
- you acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Store-Sourced Software or your possession and/or use of the Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Secret Flirt: Dating & Hook Up;
- you acknowledge that, in the event of any third party claim that the Store-Sourced Software or your possession and use of that Store-Sourced Software infringes that third party’s intellectual property rights, Secret Flirt: Dating & Hook Up, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement; and
- you and Secret Flirt: Dating & Hook Up acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Store-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Store-Sourced Software against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using Store-Sourced Software.
- No Support. This Agreement does not entitle you to receive from Secret Flirt: Dating & Hook Up, its licensors, or Apple, any hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the Mobile Software.
- Export Controls. The Mobile Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a "terrorist supporting" country; 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. By downloading or using the Mobile Software and/or supporting documentation, you are agreeing to the foregoing and you represent and warrant that you (a) are not located in, under the control of, or a national or resident of any such country or on any such list, (b) are not listed on any U.S. Government list of prohibited or restricted parties, and (c) you agree to comply with all United States and foreign laws related to use of the Mobile Software and other parts of the Service.
- Users Outside the U.S. If you are using the Mobile Software outside the U.S.A., then the following shall apply: (i) you confirm that this Agreement and all related documentation is and will be in the English language; (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Mobile Software or any services accessed or used in connection with the Mobile Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
13. DISCLAIMERS
- Secret Flirt: Dating & Hook Up PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- Secret Flirt: Dating & Hook Up DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED OR (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Secret Flirt: Dating & Hook Up DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE OR THE DELIVERY OF ANY MESSAGES.
- Secret Flirt: Dating & Hook Up DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICE BY OTHER USERS OF THE COMMUNITY. THEREFORE, Secret Flirt: Dating & Hook Up DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
- Secret Flirt: Dating & Hook Up DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Secret Flirt: Dating & Hook Up. UNDER NO CIRCUMSTANCES WILL Secret Flirt: Dating & Hook Up BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
- SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Secret Flirt: Dating & Hook Up 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, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
15. GOVERNING LAW AND ARBITRATION; WAIVER; INDEMNIFICATION
- Mandatory Arbitration. Please read this Section carefully. YOU AND Secret Flirt: Dating & Hook Up, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
- Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Secret Flirt: Dating & Hook Up, via any other method available to Secret Flirt: Dating & Hook Up, including via e-mail. The Notice to Secret Flirt: Dating & Hook Up must be addressed to Secret Flirt: Dating & Hook Up Corp. (Rainbow Boulevard #1132, Las Vegas, NV 89108; file number: 6408961), Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and Secret Flirt: Dating & Hook Up do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Secret Flirt: Dating & Hook Up may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org.
- Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in San Francisco, California will be appointed pursuant to the Rules, as modified herein. You and Secret Flirt: Dating & Hook Up agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
- No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND Secret Flirt: Dating & Hook Up AGREE THAT YOU AND Secret Flirt: Dating & Hook Up MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
- Equitable Relief. The foregoing provisions of this do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event Secret Flirt: Dating & Hook Up or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Secret Flirt: Dating & Hook Up, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
- Claims. You and Secret Flirt: Dating & Hook Up agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Modifications. In the event that Secret Flirt: Dating & Hook Up makes any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to Secret Flirt: Dating & Hook Up's Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Secret Flirt: Dating & Hook Up's Arbitration Notice Address, in which case your account with Secret Flirt: Dating & Hook Up and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
16. GOVERNING LAW
The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
16-1. GOVERNING LAW FOR EU RESIDENTS
If you are a resident of the European Union and European Economic Area, the agreement to arbitrate will not apply to you. The laws of Cyprus, excluding its conflicts of law principles, govern the terms of this Agreement and your use of the Service. Unless otherwise required by a mandatory law of a member state of the European Union, the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement and your use of the Service shall be in the appropriate courts located in Limassol, Cyprus. You hereby irrevocable submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.
17. MISCELLANEOUS
- You agree that this Agreement, together with the Privacy Policy and any Additional Terms, contains the entire agreement between you and Secret Flirt: Dating & Hook Up regarding the use of the Service and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Service that expressly governs over this Agreement.
- If any provision or any portion thereof is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect, unless otherwise indicated herein.
- This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Secret Flirt: Dating & Hook Up without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and Secret Flirt: Dating & Hook Up as a result of this Agreement or use of the Service.