Terms of Use

Effective Date: October 15th, 2016

Last Updated: October 15th, 2016

Welcome to FlirtFund.com’s User Agreement (hereinafter “Agreement” or “Terms of Use”). The provisions of this Agreement will govern Your use of Our Site(s) and the Services contained therein. Therefore, You should take some time to read the Agreement and all other policies (2257, DMCA, Privacy Policy, Model Agreement) carefully.

Should You have any questions or comments regarding Our Site, or its policies, please feel free to contact us at legal@flirtfund.com.

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

1. Party Definitions

Flirtfund.com is operated by WSPNetworks.com for WebPay LLC. Hereinafter, FlirtFund.com shall be referred to as “Company” or “FlirtFund”. When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to FlirtFund. When the terms “the Site” or “Site” are used, these terms refer to www.FlirtFund.com and any predecessor or successor domain or URL, unless a site is specifically exempt from this Agreement. Our Site(s), and the services the Site provides (“Services”), may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively, “Materials”).

As the User of this Site and/or Services, this Agreement will refer to the User as “You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter, the User of the Site and/or Services shall be referred to in applicable second-person pronouns.

Providers of Content and Services for payment through Our Site will be referred to hereinafter as “Model” or “Models”.

2. Acceptance

By using and/or visiting FlirtFund.com, You acknowledge that You have read, understood and agree to the Terms of Use contained herein, and all future amendments and modifications. You also agree to Our Privacy Policy, community guidelines and any other policies We post on FlirtFund. If You do not agree to be bound by the Terms of Use contained herein, then do not use FlirtFund.com.

Nobody is authorized to access the Site or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature, as per the Electronic Signatures in Global and National Commerce Act (E-Sign Act). By clicking on a button or link that contain the words “I agree” or some similar syntax, You demonstrate Your express approval, and should understand that this has the same legal effect as You placing Your physical signature on any other legal contract.

3. Revisions

The terms and conditions of this Agreement are subject to be changed by FlirtFund at any time at Our sole discretion and You agree to be bound by all modifications, changes and/or revisions.

We will change the “Last Modified” date at the top of this Agreement so that it is known that We have updated the Agreement. If the date has not changed since Your last visit, You may presume that nothing in the Agreement has changed since the last time You read it. If the date has changed, then the Agreement has been updated and You must review it again in order to determine how Your rights and responsibilities may have been affected by the revisions. If You do not accept to be bound by any and all modifications, changes and/or revisions of this Agreement, You may not use FlirtFund.com.

If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for Your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.

4. Description

FlirtFund.com accepts payments from customers for products and services offered by Registered FlirtFund Models on the Site. FlirtFund charges a percentage fee to the Models for this service. The customer does not pay fees in excess of the advertised price.

While We hold Our Models to the highest standard, We are not responsible for the quality, timing or legality of the content or services that they provide. We may delete any content including profiles that are deemed in Our sole discretion to be illegal, immoral, offensive, or in violation of the letter and spirit of this Agreement and the purpose of the Site.

5. Access

In order to use this Website, You affirm that You are at least eighteen (18) years of age and/or over the age of majority in the jurisdiction in which You reside and from which You access this Website. If You are under the age of eighteen (18) and/or under the age of majority in the jurisdiction in which You reside and from which You access the website, then You are not permitted to use this Website.

We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age.

You represent and warrant that You will not allow any minor to access this Site or Services. Users should implement parental control protections (including computer hardware, software, or filtering services) that may assist in limiting access to material that is harmful to minors.

6. Privacy

By accessing the Website, You are indicating Your acknowledgment and acceptance of the Privacy Policy.

7. User Conduct

As a User of Flirtfund.com, You agree to abide by Our rules set forth in this Agreement. FlirtFund has a zero tolerance policy for abusive, defamatory, libelous or hateful conduct towards the Company, its Models, and its Users and reserves the right to revoke, at any time, Your access to Our Services for such conduct on the Site and its related domains.

Our Models have selected FlirtFund.com as a partner to process payments for their customers. You are not permitted to use other payment methods (Paypal, Circle Pay, Google Wallet, etc.) to pay for products or services offered by Models on FlirtFund.com.

Flirtfund.com is for Your personal use and shall not be used for any other purposes, including commercial endeavors, without Our express prior written consent.  

Without Our express prior written authorization, You may not:

  1. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  2. Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
  3. “Stalk” or otherwise harass a FlirtFund Model;
  4. Use any data mining, bots, or similar data gathering and extraction tools to collect or store personal data about other Users, or Models;
  5. Duplicate any part of Our Site or the Materials contained therein or received via the Services (except as expressly provided elsewhere);
  6. Create any derivative works based on Our Site or any of the Materials contained therein or received via the Services, and You agree and stipulate that any and all derivative works are NOT “fair use”;
  7. Use Our Site or Services, or any of the Materials contained therein, for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
  8. Re-distribute or “scrape” Our Site or any of the Materials contained therein or received through the Services, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
  9. Remove any copyright or other proprietary notices from Our Site or any of the Materials contained therein;
  10. Frame or utilize any framing techniques in connection with Our Site or any of the Materials contained therein;
  11. Circumvent any encryption or other security tools used anywhere on the Site or in conjunction with the Services (including the theft of usernames and passwords or using another person’s username and password in order to gain access to a restricted area of the Site);
  12. Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or Services or any of Your rights to access and use the Materials or Services as granted specifically by this Agreement;
  13. Share any information provided to You by another User unless such User has given You permission to do so;
  14. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
  15. Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such a manner;
  16. Restrict or inhibit any other user from using and enjoying the Services;
  17. Publish falsehoods or misrepresentations that could damage the Site or any third party;
  18. Interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Site. If You do not adhere to this provision, You hereby stipulate to and agree to pay liquidated damages of five thousand dollars (US $5,000) plus any and all fees associated with recovery of these damages, including attorney’s fees and costs.;

For policies specifically regarding Model Conduct, please see the Model Agreement.

8. Intellectual Property

The Content contained on FlirtFund.com including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to FlirtFund and/or Our Models, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions.

Content on the Website is provided to You “as is” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the Content on or purchased through this Website, other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If You download or print a copy of the Content for personal use, You shall retain all copyright and other proprietary notices contained therein.

We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act (“DMCA”). If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please refer to the procedures outlined on the following policy page: DMCA.

9. Third Party Websites

FlirtFund.com may contain links to third party websites which are in no way owned or controlled by FlirtFund. FlirtFund shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party providers of products or services.

10. Prohibited Content

The following content is not permitted to be displayed or sold on FlirtFund.com:

  1. Any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including but not limited to lewd nude depictions, masturbation or sexual conduct, actual or simulated;
  2. Any portrayal of any performer that suggests or implies that the performer is under the age of eighteen (18) years old;
  3. Content that involves, either actual or simulated, bestiality, extreme violence, incest, urination*/defecation (golden/brown showers or enemas), non-consensual sex, drugs & alcohol (or someone under the effect of such substances), rape, mutilation, necrophilia, or animal abuse.

We enthusiastically cooperate with any law-enforcement agency investigating child pornography, and comply with 18 U.S. Code § 2258 relating to the mandatory reporting of actual pornography involving minors of which We become aware.

*Urination is permitted, however, the consumption of urine or urinating on someone is prohibited.

11. Billing

If You purchase a product or service offered on FlirtFund.com, it will appear as “WSPNetworks.com” on Your credit card statement.

If You believe that You have been billed in error, please notify Us of such error by visiting WSPNetworks.com for immediate assistance. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee shall be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release Us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

FlirtFund.com offers services that have recurring billing. Such services will be clearly marked before purchasing is made possible. If You would like to cancel any recurring subscriptions that You have purchased, please visit WSPNetworks.com for immediate assistance.

12. Refunds

To request a refund, please visit WSPNetworks.com. You will be asked to provide Your name, email address, the name of the Model and product/service in question, and the reason for Your dissatisfaction. Refunds will be handled on a case-by-case basis.

Please note that chargebacks that are suspected to be ‘friendly fraud’ shall be pursued to the fullest extent of the law.

13. Limitation of Liability

IN NO EVENT SHALL FLIRTFUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: 

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE;
  3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
  5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;
  6. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FLIRTFUND.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

14. Warranties

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON FLIRTFUND.COM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WHILE REASONABLE EFFORTS ARE TAKEN TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE INFORMATION ON THIS WEBSITE IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FLIRTFUND.COM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.

FLIRTFUND DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

15. Indemnity

You agree to defend, indemnify and hold harmless FlirtFund, its parent corporation, officers, directors, employees, independent contractors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

Your use of and access to the Site; Your violation of any term of this Agreement; Your violation of any third party right, including without limitation any copyright, property, or privacy right; or Any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation shall survive this Agreement and Your use of the Site.

FlirtFund shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.

16. Complete Agreement

These terms are the final word on FlirtFund’s policies. These terms and any referenced policies are the entire agreement between You and FlirtFund, and supersede all prior agreements.

If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will continue in full force and effect.  

FlirtFund’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. FlirtFund reserves the right to amend this Agreement at any time and without notice, and it is Your responsibility to review this Agreement for any changes. Your use of FlirtFund.com following any amendment of this Agreement will signify Your assent to and acceptance of its revised terms.

YOU AND THE SITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AND THE SITE AGREE THAT ANY LEGAL PROCEEDINGS SHALL BE COMMENCED IN THE JURISDICTION IN WHICH THE COMPANY IS REGISTERED.