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Member Agreement

We don’t like legalese either. But instead of total anarchy we have created a Terms of Service to protect you and us. Since this is a legal agreement between you and NF Entertainment, LLC doing business as NiteFlirt and hereinafter referred to as “NiteFlirt”, we suggest you take a few minutes to read what you are agreeing to.

If NiteFlirt accepts your Member Sign-up Form, you will become a “Member” having additional access to the Site and related services only under the policies, terms and conditions below. To make it easier, we will refer to the NiteFlirt.com website, Mail (any mail you send from your Member account to another Member), phone services (including services available through 1-800-TO-FLIRT and other numbers that NiteFlirt maintains for access by Members), Goodies (digital photographs, audiovisual materials, and other digital content), Chat (any text interaction you send from your Member account to another Member) and any content therein provided by NiteFlirt as the “Site.” We will refer to any information, entertainment services and other products or services you may receive from other Members (in their role as Flirts) or their listings on the Site as “Flirt Services.” Members who solicit or receive Flirt Services from other Members will be referred to as “Members.” Members who create listings and/or provide Flirt Services will also be referred to as “Flirts.” In addition, Flirts may sell to other Members-through Goodies provided as part of the Site- written text, digital photographs, audiovisual materials and other digital content which will be referred to as “Content”.

The policies, terms and conditions below limit NiteFlirt’s liability and obligations to you and allow NiteFlirt to change, suspend or terminate access to and use of the Site and Flirt Services. The Privacy Policy, NiteFlirt Rules and Affiliate Agreement is incorporated into the Terms of Service and provide additional terms and information. The Terms of Service, Privacy Policy, NiteFirt Rules and Affiliate Agreement collectively make up the “NiteFlirt User Agreement” that governs a user's access to and use of NiteFlirt.

By directing your browser to the Site as a Member or visitor, or otherwise accessing the pages of the Site, you accept and agree to this Terms of Service.

NiteFlirt may modify these Terms of Service, or suspend or terminate your use of the Site, at any time without notice to you. If any modification to the Terms of Service is not acceptable to you, your only recourse is to cease using the Site and Flirt Services. This includes, but is not limited to, commission and connection fee changes. By continuing to use the Site or any Flirt Services following any posting of a new Terms of Service or policies on the Site, you accept and agree to be bound by the new Terms of Service or policies.

1. While we are an inclusive community, not everyone can use NiteFlirt. Your eligibility to use the Site is limited.

(a) You must be at least eighteen (18) years of age to use the Site or Flirt Services. By using the Site you agree that you are at least eighteen (18) years old, and otherwise have the right, authority and capacity to enter into this Agreement and to abide by all of the terms of this Agreement. You understand that NiteFlirt is an adult service and you must have a legal right to access adult material and are voluntarily choosing to use this Site. You further represent that you are not required to register as a sex offender with any government entity. NiteFlirt does not conduct criminal background checks on or screenings of its users but reserves the right to conduct any criminal background check or screening at any time. You shall not use the Flirt Services, Goodies, or any other portion of this Site in any manner which is illegal under the law applying to you, nor shall you request, offer, agree to, or engage in way in any activity involving child pornography or unlawful prostitution.

(b) Using the Site may be prohibited or restricted in certain countries. If you use the Site outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Site or Flirt Services. You shall not use the Site or become a Member if you are located or reside in a country (i) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (ii) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Myanmar (Burma), Cuba, Iran, North Korea, Sudan and Syria.
In addition, NiteFlirt does not allow organizations, businesses, or individuals on the Specially Designated Nationals list (SDN) to use the Site.

(c) Your membership is for your sole, personal use and you are solely responsible for all use made of the Site and Flirt Services under your Member account information and password. You agree to maintain the confidentiality of your password and Member account information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to pay for all Flirt Services purchased using your Member Account information and password.

(d) NiteFlirt shall own all right, title and interest in Flirt Services and the Site. No copyrights, patent rights, trademarks or licenses are conferred herein by NiteFlirt, either expressly or by implication. You understand and agree that (i) you will have no right, title and interest to any of the toll free numbers, phone numbers or extension numbers assigned to you (ii) that NiteFlirt may change your toll free number, phone numbers and/or extension number at any time in its sole and absolute discretion (iii) you will have no right, title and interest to any listing name in connection with NiteFlirt Services and (iv) that phone numbers, toll free numbers, extensions and listing names may be recycled by NiteFlirt to other users of NiteFlirt Services if you are not actively using them or your agreement has been terminated. Further, you hereby grant to NiteFlirt, its distribution partners, affiliates and similar third party website/media providers of NiteFlirt's choice the right to use, copy, distribute, display or reference in any media form your listing information, including without limitation, your member name, tags, descriptions, photos, NiteFlirt buttons, phone numbers and extensions.

(e) NiteFlirt reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. Without limiting other remedies, NiteFlirt may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice to you. In addition, NiteFlirt may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if NiteFlirt suspects that you have failed to comply with any provision of this Terms of Service or any policies or rules established by NiteFlirt; (ii) if NiteFlirt is unable to verify or authenticate any billing or payment information you provide to NiteFlirt; or (iii) if NiteFlirt suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, NiteFlirt or the Site.

(f) NiteFlirt may charge an Account Maintenance Fee of two dollars ($2.00) per month for all Member accounts with a positive balance. However if the Member uses the Member account to purchase Flirt Services, then for a period of twelve (12) months from the date of such use, NiteFlirt may waive the Account Maintenance Fee for all active Member accounts.

(g) You may cancel your account at any time by emailing support@NiteFlirt.com with the subject "Cancel Account". Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to NiteFlirt.

2. Your actions and your content are your responsibility.

(a) You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false. Further, Flirts agree to provide true, accurate and complete payment information and contact information and will promptly update your information when applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use. Accounts may not be shared, sold or given to another person or entity.

(b) You use or provide Flirt Services, and consult with Flirts, at your own risk. As a Flirt you will only Provide Flirt Services to Members and you will not take or answer calls (and agree to terminate such call and report the incident to NiteFlirt by filling out a Customer Support Form and selecting "Play Fair Inquiry" from the drop down menu) if you know or have reason to believe that the individual on the call is a non-Member or there is more than one person on the call. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Flirt Services. Members who initiate, receive and/or discontinue use of the Flirt Services do so entirely at their own risk, and NiteFlirt bears no responsibility in this regard. However, NiteFlirt reserves the right to contact Members and review account activity without revealing its identity, in order to evaluate compliance with the rules and policies set forth in this Terms of Service and to take other action as set forth in the Privacy Policy. Therefore, we urge you to review and understand the Privacy Policy.

(c) NiteFlirt does not evaluate, provide, produce or control the Flirt Services, or information or exchanges between Members, in any manner. NiteFlirt does not itself provide any information, entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Member. Further, NiteFlirt does not make editorial or managerial decisions concerning content, sexually explicit or otherwise, except that NiteFlirt reserves its right to act as specified in Section 512 of Title 17 and Section 230(c)(2)(A) of Title 47 of the United States Code and to determine at any time, in its sole discretion, whether and to what extent to do so. Nor will NiteFlirt be held responsible for any Flirt's failure to comply with laws or regulations concerning the content of listings or activity on the Site. Instead, NiteFlirt acts as a technology service that allows Members to share information, entertainment services or other products or services among themselves. Although NiteFlirt helps its Members connect with each other, it does not monitor the information exchanged, and, as a result, NiteFlirt does not control, nor is responsible for, the accuracy, safety, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in Flirt listings or made available through this Site. The Site is not intended for use as a payment service to exchange physical goods. NiteFlirt is not responsible for use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Flirt Services, in evaluating the qualifications of, and statements made by, Members in listings or through the Member feedback system, and in disclosing personal information to other Members.

(d) By posting and uploading Content as part of your Flirt Services, you expressly promise, assure, and warrant to NiteFlirt that you have all legally required intellectual property rights (including any necessary copyright clearances, trademark licenses, and publicity and privacy releases) necessary for you to sell each item which you upload, advertise, place for sale, or otherwise market through the Site and Goodies; and you further warrant to NiteFlirt (notwithstanding any limitation of warranty as to your ultimate purchasers) that any such Content is merchantable and lawful for you to sell to each of your ultimate purchasers. Further, you agree that the none of the Content which you upload, advertise, place for sale, or otherwise market through the Site and Goodies will depict any children or will depict any adults who have not consented to the acts in which they are engaging or who have not consented to the dissemination of their images and likenesses in the form depicted.

You will not violate any applicable laws or government regulations in connection with your use of the Site; and (as a Flirt providing Flirt Services or selling Content through Goodies) you will not fail to create and maintain records, label your content, and permit inspections as required by law (e.g. 18 U.S.C. §§ 2257, 2257A; 28 C.F.R. Part 75), and you will not fail to provide the Site with true and complete information in connection with your compliance, including information about the records custodian and maintenance address required on labels by law. (18 U.S.C. §§ 2257(e), 2257A(e); 28 C.F.R. § 75.6).

With respect to Content which you sell through Goodies, you retain your pre-existing intellectual property and other rights therein, granting to the Site only such limited and non-exclusive rights and licenses reasonably necessary to permit and effectuate your sale of those items through Goodies and NiteFlirt's general advertising and promotion of the Site, except as may otherwise be specifically authorized in a separate written agreement.

(e) You are solely responsible for your interactions with Members and for the content and information that you post or otherwise make available to on the Site and through Members Services, whether publicly posted or privately transmitted. You may not post or transmit content that can be considered offensive, harassing, or illegal content, or any content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). NiteFlirt reserves the right to determine, at its sole discretion, what constitutes offensive or harassing, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. NiteFlirt may enlist the help of Members to flag content to help determine if a user’s conduct is harmful to the community.

There may be links to websites other than NiteFlirt posted on the Site. NiteFlirt neither controls such websites nor endorses any of the material on any such websites or any association with their operators.

(f) You are solely responsible for and will exercise caution, discretion, common sense and good judgment in using the Site and Flirt Services and in disclosing personal information to and from other Members. NiteFlirt does not permit users to disclose contact information to other Members. NiteFlirt considers contact information to be any information that would allow a person to reach you such as, but not limited to, phone number, email address, usernames for other services, or physical address. In addition, it is not permitted to provide other Members with information, such as links to third-party services, to circumvent or attempt to circumvent the Site's payment system. If you do, you do so at your own risk and risk the termination of your NiteFlirt account. NiteFlirt does not permit Members to use the Site or Flirt Services to solicit other Members to meet with them in person. While NiteFlirt reserves the right to review interactions between Members, NiteFlirt assumes no responsibility for policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, NiteFlirt urges you immediately to contact the police directly for help.

(g) The Site is for entertainment purposes only. If you have a dispute with another Member, or suffer any harm arising out of or connected with any Flirt Services, you hereby waive all claims against and release NiteFlirt (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorney's fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Flirt Services or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code §1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations waive their rights under analogous laws, statutes or regulations.

3. Only use content you have the rights to use. NiteFlirt prohibits the unauthorized use of copyrighted materials or trademarks.

You shall not use the Site or Flirt Services to transmit, route, provide connections to our store any material that infringes copyrighted works, trademarks, publicity or privacy rights, or otherwise violates or promotes the violation of the intellectual property rights of any third party.

NiteFlirt has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances, of Members who infringe or are believed to be infringing the rights of copyright holders.

NiteFlirt Copyright Policy:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NiteFlirt's Copyright Agent listed below with the following information required under 17 U.S.C. § 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NiteFlirt to locate the material;
(d) Information reasonably sufficient to permit NiteFlirt to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NiteFlirt's Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

Copyright Agent
c/o NiteFlirt
182 Howard Street #418
San Francisco, CA 94105
Email: copyright@niteflirt.com

Upon receipt of notice as described above, NiteFlirt will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the Member's account.

If you believe that your federally registered trademark is being used by an Speaker or Member in a way that constitutes trademark infringement, please provide NiteFlirt's Trademark Agent with the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the registered trademark owner;
(b) Information reasonably sufficient to permit NiteFlirt to contact the registered trademark owner or its authorized agent, including a name, address, telephone number and, if available, an email address;
(c) Identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s);
(d) Information reasonably sufficient to permit NiteFlirt to identify the use being challenged by the registered trademark owner;
(e) A statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner.

Upon receipt of notice as described above, NiteFlirt will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including following confirmation of the existence of the federal registration, removal of the challenged use from the Site, with notice to the Speaker or Member in question, if, in NiteFlirt's sole discretion, NiteFlirt concludes that the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, unless, prior to such removal, the Speaker or Member in question demonstrates that it has its own trademark registration or approved trademark application covering the use in question.

Notwithstanding the foregoing, NiteFlirt will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

NiteFlirt's Trademark Agent for notice of claims of trademark infringement on or regarding this Site can be reached as follows:

Trademark Agent
c/o NiteFlirt
182 Howard Street #418
San Francisco, CA 94105
Phone: (877) 527-2655
Email: copyright@niteflirt.com

4. As a Flirt, you may earn money. If you do, we need to pay you.

(a) By utilizing Flirt Services you may earn money that can be paid to you. The Member who initiates a transaction is solely responsible for payment of any and all fees for the transaction. NiteFlirt shall not be obligated to pay any fees for which NiteFlirt has not been fully paid by the Member or Member's credit card issuer or bank, as applicable. You hereby authorize NiteFlirt to collect payments from Members on your behalf for any and all transactions that you conduct. NiteFlirt will credit to your Member account the fees collected less NiteFlirt’s commissions and connection charges, any tax withholdings required by law, and any refunds, discounts, chargebacks and chargeback fees payable by NiteFlirt (the "Net Fees").

(b) NiteFlirt acts only as an interface to facilitate communications initiated between Members. As a Flirt, you are not an employee, agent or contractor of NiteFlirt, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Flirt Services, and for reporting and payment of all taxes associated with fees transferred to you by NiteFlirt.

(c) As a Flirt providing Flirt Services you may charge a fee for interactions with other Members. NiteFlirt may retain a connection charge for Live and Recorded Calls and will retain a commission which will be a percentage of the price chosen by the Flirt for Live Calls, Recorded Calls, Paid Mail, Goodies, Chat and Tributes. NiteFlirt will distribute earnings to you from your Member account in US dollar denominations by either check or ACH direct deposits as designated by you in your NiteFlirt account. Details of these fees can be found in the Help Center. NiteFlirt reserves the right to change these commissions and connection fees.

(d) NiteFlirt reserves the right to restrict payment to a Member for any reason and in its sole discretion. Further, Niteflirt reserves the right to withhold issuing payment for your fees without notice on any transaction which in our sole discretion suggests that the Member or Member's bank may not fulfill his or her payment obligation. Niteflirt reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.

5. We’ve got a few Notices and Disclaimers.

(a) The Site and any Flirt Services obtained through the Site are provided “AS IS” with no warranty or any kind. NiteFlirt expressly disclaims all warranties, express or implied, regarding the Site, Flirt Services and all communications between Members made through the site, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. In addition, NiteFlirt makes no representation or warranty that the operation of the Site will be error free.

(b) The contents of this website are protected by copyright and may not be copied or otherwise reproduced without NiteFlirt’s written permission except as expressly set forth above. You may not publish, or create derivative works from the contents of this website for any public or commercial purposes. NiteFlirt owns and retains all rights in or to certain trademarks, trade names, service marks, logos and/or slogans, whether now existing or hereafter created, whether now existing or hereafter created, including but not limited to NiteFlirt and Speak to Your Desire.

(c) Under no circumstances will NiteFlirt be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Site or Flirt Services, whether or not NiteFlirt has been advices of the possibility of such damages. Without limiting the generality of the foregoing, NiteFlirt and its suppliers’ aggregate liability to you arising with respect to this agreement will not exceed the greater of (a) the total fees actually earned by NiteFlirt from you (after payments to Members and other third parties) in the previous twelve (12) month, and (b) one hundred dollars ($100). NiteFlirt will not be liable for the consequences of any interruptions or errors.

(d) You further agree to hold harmless, defend and indemnify NiteFlirt, and it’s employees, subsidiaries, agents and representatives, from and against any liability arising from or in any way related to your use of the Site or provision of Flirt Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature, known and unknown, foreseeable and unforseeable, disclosed and undisclosed. In each case, NiteFlirt will provide you with written notice of such claim, suit or action. NiteFlirt shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.

6. Arbitration

Any controversy or claim arising out of or relating to these Terms of Service, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, NiteFlirt, the Member or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

7. Some final words

If any provision of these Terms of Service is held to be invalid or unenforceable, the provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. NiteFlirt's failure to act with respect to a breach by you or others does not waive NiteFlirt's right to act with respect to subsequent or similar breaches. The failure of NiteFlirt to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in these Terms of Service.

Phew! You’re done! Thanks for taking the time to read our Terms of Service. Why don’t you reward yourself by giving one of our Flirts a call. If you have any questions drop us a note at support@niteflirt.com.