Before you can use the App, you will need to register for an account (“Account”). In order to create an Account, you must:
- be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country; and
- be legally permitted to use the App by the laws of your home country.
You can create an Account via manual registration, or by using your Facebook login details. If you create an Account using your Facebook login details, you authorize us to access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about Facebook friends). For more information about what information we use and how we use it, please read above for our privacy points.
We cannot allow you to use another person’s Account or to share your Account with any other person without permission.
We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
TYPES OF CONTENT
There are three types of content that you will be able to access on the App:
- content that you upload and provide (“Your Content”);
- content that members provide (“Member Content”); and
- content that PTY LTD provides (“Our Content”).
There is certain content we can’t allow on Flirty
We want our users to be able express themselves as much as possible and post all sorts of things on Flirty, but we have to impose restrictions on certain content which:
- contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- is defamatory or libelous;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- involves the transmission of “junk” mail or “spam”;
- contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Flirty or otherwise;
- itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- shows another person which was created or distributed without that person’s consent;
- is harmful to minors; or
- impersonates any other person, including falsely stating your name.
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As Flirty is a public community, Your Content will be visible to other users of the App all around the world instantly – so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Flirty Users). By uploading Your Content on Flirty, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
We do not have any obligation to store Your Content – if it’s important, you should make a copy.
Other members of Flirty will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, and you may only use other Flirty users’ personal information to the extent that your use of it matches Flirty’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Flirty are owned, controlled or licensed by PTY LTD and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us ( PTY LTD) at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:
- you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
- you shall not use our name in metatags, keywords and/or hidden text;
- you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
- you shall use Our Content for lawful purposes only.
We reserve all other rights.
No Obligation to Pre-Screen Content.
Since Flirty is an online community, we generally try to avoid getting in the way and therefore don’t assume any obligation to pre-screen any of Your Content or any Member Content. However, there may be times where we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages.
- RESTRICTIONS ON THE APP
You agree to:
- comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
- use your real name and real age in creating your Flirty account and on your profile; and
- use the services in a professional manner.
You agree that you will not:
- act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
- misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
- disclose information that you do not have the consent to disclose;
- stalk or harass any other user of the App; or
- create or operate a pyramid scheme, fraud or other similar practice.
You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any possible violations of these Terms, and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, as set out further in Section 1 above.
We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.
YOU UNDERSTAND THAT PTY LTD DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. PTY LTD ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. PTY LTD RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release PTY LTD and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by PTY LTD or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.
The information below implies to any and all applications by . Any Specifics will be defined with a Sub heading below.
IMPORTANT – READ CAREFULLY: BY DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND YOU MUST DELETE THE SOFTWARE.
This End User License Agreement (the “Agreement”) is hereby entered into and agreed upon by you, either an individual or an entity and Apps by PTY LTD (“Apps by PTY LTD”) for the VPN services which allow You benefits such as being preventing tracking, unblocking sites, ensuring your privacy when using public Wi-Fi, changing your location, having static IP, caching services to serve content faster and bypassing governmental restrictions. (“Software”).
GRANT OF LICENSE
FREE LICENSE. Apps by PTY LTD hereby grants You a revocable, non-exclusive, non-transferable, limited and perpetual license to download, install and use the Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
PAID LICENSE. Upon payment of the applicable fees for the Software and continuous compliance with the terms and conditions of this Agreement, Apps by PTY LTD hereby grants You a revocable, non-exclusive, non-transferable, limited and perpetual license to download, install and use the Software, strictly in accordance with the terms of this Agreement, strictly in accordance with the terms of this Agreement.
UNAUTHORIZED USE. You agree to use Your reasonable efforts to prevent and protect the contents of the Software from unauthorized use or disclosure, with at least the same degree of care that You use to protect Your own confidential and proprietary information, but in no event less than a reasonable degree of care under the circumstances.
The Software is the intellectual property of Apps by PTY LTD and is protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Software is being used. The structure, organization and code of the Software are valuable trade secrets and confidential information of Apps by PTY LTD. To the extent you provide any comments or suggestions about the Software to Apps by PTY LTD, Apps by PTY LTD shall have the right to retain and use any such comments or suggestions in our current or future products or services, without further compensation to you and without your approval of such retention or use.
Except as stated in this Agreement, your possession, installation and use of the Software does not grant you any rights or title to any intellectual property rights in the Software. All rights to the Software and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights are reserved by Apps by PTY LTD.
RESTRICTIVE USE. You may not:
provide, make available to, or permit other individuals or companies to use the Software, except under the terms listed above, either in whole or part;
modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to derive the source code based upon the Software;
copy, reproduce, republish, upload, post, or transmit the Software (except for back-up or archival purposes, which will not be used for transfer, distribution, or sale);
license, sell, rent, lease, transfer, sublicense, distribute, or otherwise transfer rights to the Software;
remove any proprietary notices or labels on the Software; or
license the Software if You are a direct competitor of Apps by PTY LTD for the purposes of monitoring the Software’s availability, performance, or functionality or for any other benchmarking or competitive purposes. Any such forbidden use shall immediately terminate Your license to the Software.
COMPLIANCE WITH APPLICABLE LAWS.
The Software are protected by the intellectual property laws and other laws of United States of America and international laws and treaties, including intellectual property laws. You agree that You shall use the Software solely in a manner that complies with all applicable laws in the jurisdictions in which You use the, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
You agree that Apps by PTY LTD will collect and track technical and related information about You and Your use of the Software, which may include Your internet protocol address, hardware identifying information, operating system, application software, peripheral hardware, and Software usage statistics, to assist with the necessary operation and function of the Software, the provision of updates, support, invoicing, marketing by Apps by PTY LTD or its agents, and research and development. Apps by PTY LTD will never disclose this data to third-party.
Apps by PTY LTD does not warrant that the Software will meet all of Your requirements or that the use of the Software will be uninterrupted or error-free. The foregoing warranty applies only to failures in operation of the Software that are reproducible in standalone form and does not apply to:
Software that is modified or altered by You or any third party that is not authorized by Apps by PTY LTD;
Software that is otherwise operated in violation of this Agreement; or
failures that are caused by other software or hardware products.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, APPS BY PTY LTD IS PROVIDING AND LICENSING THE SOFTWARE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
INTELLECTUAL PROPERTY INDEMNIFICATION.
Apps by PTY LTD will indemnify and hold You harmless from any third party claim brought against You that the Software, as provided by Apps by PTY LTD to You under this Agreement and used within the scope of this Agreement, infringes or misappropriates any patent, copyright, trademark, trade secret, or other intellectual property rights of a third party, provided
use of the Software by You is in conformity with the Agreement;
the infringement is not caused by modification or alteration of the Software; and/or
the infringement was not caused by a combination or use of the Software with products not supplied by Apps by PTY LTD.
Apps by PTY LTD’s indemnification obligations are contingent upon You:
promptly notifying Apps by PTY LTD in writing of the claim;
granting Apps by PTY LTD sole control of the selection of counsel, defense, and settlement of the claim; and
providing Apps by PTY LTD with reasonable assistance, information and authority required for the defense and settlement of the claim. This Section states Apps by PTY LTD’ entire liability (and shall be Apps by PTY LTD’s sole and exclusive remedy) with respect to indemnification to Apps by PTY LTD.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APPS BY PTY LTD, ITS DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE TO YOU (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) (I) FOR MORE THAN THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID TO APPS BY PTY LTD IN THE PRECEDING (12) TWELVE MONTHS FOR THE APPLICABLE SOFTWARE OR (II) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF USE OF THE SERVICE OFFERING, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS, OR OTHER ECONOMIC DAMAGE , ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF APPS BY PTY LTD OR A DEALER AUTHORIZED BY APPS BY PTY LTD HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD PARTY PROGRAMS
To the extent the Software is bundled with third party software programs; these third party software programs are governed by their own license terms, which may include open source or free software licenses. Nothing in this Agreement limits an end user’s rights under, or grants the end user rights that supersede, the terms of any such third party software.
CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of United States of America, without regard to any conflict of laws provisions. You hereby consent to jurisdiction of the courts of United States of America.
The Controller of your personal data according to the General Data Protection Regulation (“GDPR”) regarding our website and Apps is:
730 Heidelberg Rd
Alphington VIC 3078
Information we collect
Nothing. As this is for the Kid’s We don’t want nor need your information.
How we use your information
Anything that might accidently be collected is just automatically deleted we Can only see # of installs and what device it’s on but nothing personal.
Your Choices About Your Information
You can correct, update or delete inaccuracies to the information about you by contacting us directly at firstname.lastname@example.org. We will handle your request promptly. If your personal data is protected under EU laws, GDPR gives you various rights in connection with our use of your personal data. You have the right to request access to the information we have on you. You can do this by contacting us at email@example.com. You have the right to request that we rectify or delete the personal data or restrict the processing of your personal data, if you think they are inaccurate. Furthermore, you have the right to object against the processing. We are required to assess and act on your request. Additionally, you also have the right to data portability and erasure.
Any information held by us we don’t want – and shouldn’t have. If you have found us to hold any information regarding you or the person using the apps then please contact us.
Our Retention of Your Information
When You Request Support, You May Send Us Email
We allow users to contact us if they have support questions about use of our Apps. If you submit a support request, we may receive your email address and other information you provide related to your support request (“Support Information”). We use Support Information only.
Information Sharing and Disclosure
We don’t rent, sell or share your email address unless we have your expressed consent and in the following circumstances:
(i) We share your email address with our newsletter provider to deliver our newsletter to you.
(ii) We may share your Support Information with our support providers, but only for the purpose of providing support to you.
(iii) We may share your email address and/or Support Information: (a) to protect the security or integrity of our website and Apps, (b) to take precautions against liability; (c) to respond to judicial process, or (d) to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and where such information is not used for any other purpose, all in compliance with Section 312.5(c)(6) of the COPPA rules effective July 1, 2013.
When your personal data is shared with third parties outside the European Union or the European Economic Area, we guarantee an adequate level of personal data protection, including but not limited to, by entering into contractual clauses between controller and processor.
Links to Third Party Sites
We use Google Admob protecting children with a G rating.
All links with in the advert are safe for children of any age and with out parental consent.
To leave the apps – we have a parental gate which must be answered by an Adult/Parent
All of our Applications inside the Children category or that could be mistaken for a children’s Application have their 3rd party Google Admob Advertising Manually checked and reviewed by a human using the Google Admob REVIEW advert section as docutmented here:
Our website and Apps comply with the COPPA. We don’t knowingly collect personal information from children under the age of 13, and if in the event that a user identifies himself or herself as a child under the age of 13 through a support request or through any feedback, we will not collect, store or use, and will delete in a secure manner, any personal information of such user.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the subject matter hereof including without limitation the terms of any party or any purchase order issued in connection with this Agreement. If any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions.