We want you to connect with friends and find other quality singles in a fun, flirty and beautiful enviornment. However, before you begin using our services, you must read, understand and agree to all this legal stuff. PLEASE READ THESE LEGAL DISCLOSURES AND TERMS OF USE CAREFULLY. By using the flirtatious.com website or by clicking a box that states that you accept or agree to these terms, you are acknowledge and agree to our Terms of Use. If you do not agree to these Terms of Use, you may not use the flirtatious.com website. By using our services, you acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the flirtatious.com website and receipt of data, materials and information available (such as online dating, personal ads, games, social networking, dating advice, access to people or persons you want to meet, the possibility of our use or display of your personal profile, the possibility of publicity or promotion from our use or display of your personal profile) and general entertainment. In short, you are seeking friends, fun and entertainment and we are providing that service. These legal disclosures govern your use of our website. By creating an account, by using any flirtatious.com service, or interacting with our servers, staff or members in any way, you agree to abide by the following legal agreements and disclosures in their entirety.

1. Acceptance of terms

Flirtatious provides a social playground for dating, networking, meetings, flirting and having fun. We have a unique collection of online resources including dating, personal ads, dating advice, singles advice, games, personal captions, social networking and various email services, (referred to hereafter as "the Service"). All of our online resources are subject to the following Terms of Use. By using our Service in any way, you are agreeing to comply with these Terms of Use. In addition, when using particular flirtatious services, you agree to abide by any applicable posted guidelines which may change from time to time. Should you object to any term or condition of these Terms of Use, guidelines, rules, codes of conduct or any subsequent modifications thereto or become dissatisfied with flirtatious in any way, your only recourse is to immediately discontinue use of the flirtatious.com website. Flirtatious has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.

2. Modifications to this agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. This Agreement was last updated on May 28, 2010.

3. Content

You understand that all photos, messages, text, files, images, sounds, or other materials (referred to hereafter as "Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that flirtatious does not control, and is not responsible for Content made available through the Service by its members, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the flirtatious site and Content available through the Service may contain links to other websites, which are completely independent of flirtatious. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will flirtatious be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this Service. You acknowledge that flirtatious does not pre-screen or approve all member Content, but flirtatious shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for violating the letter or spirit of the Terms of Use, our guidelines, our rules, our codes of conduct or any subsequent modifications thereto.

4. Copyright

All content included on this site, such as photographs, digital artwork, text, graphics, logos, buttons, icons, images, data compilations and software, is the property of flirtatious.com, LLC and is protected by U.S. and international copyright laws. The collection, compilation, assembly and arrangement of all content on this site is the exclusive property of flirtatious.com, LLC and is protected by U.S. and international copyright laws. You may not use any meta tags or any other "hidden text" utilizing the flirtatious brand name or any other flirt.atious.com, LLC trademarks without the express written consent of flirt.atious.com, LLC. You may not use or display any flirtatious images on any other website without our express written approval.

5. License and site access

Flirtatious.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. You may not download (other than page caching) or modify it, or any portion of it, except with express written consent of flirt.atious.com, LLC. This license does NOT allow access to the Service by Posting Agents. The license does NOT allow any collection, aggregation, copying, duplication, display or derivative use of our Service. The license does NOT allow the use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose. The license does NOT allow any downloading or copying of account information. The license does NOT allow any type of indexing or "vertical indexing" of our member data. The license does NOT allow you to compile or view postings through any third party software aggregators. Users may NOT embed individual feeds into a personal ad or blog. Your use of the Service may not overburden flirtatious's servers. You may not use any scripts or robots to do anything on the site. Use of the Service beyond the scope of authorized access granted to you by flirtatious immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from flirtatious by contacting Public Relations at: pr@flirtatious.com

6. Your flirtatious account

If you use this site, you are responsible for maintaining the accuracy and confidentiality of your account and password and for restricting access to your account and computer. You agree to accept sole responsibility for all activities that occur through your account and password. Flirtatious reserves the right to refuse service, terminate accounts, remove (or edit) content or cancel memberships at their sole and absolute discretion. You do not own the account you use to access the Site, and you do not own any data the Company stores on its servers. You may not sell, transfer or trade your account regardless of membership type (or status). If you have a unique or special need, simply sign in and contact support. We will do our best to help you.

7. Third party content, sites and services

The flirtatious site and Content available through the Service may contain features and functionality that may link you or provide you with access to third party content which is completely independent of flirtatious, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services,and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that flirtatious shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that flirtatious is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release flirtatious, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "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." .

8. Notification of claims of infringement

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 notify our copyright agent for notice of claims of copyright or other intellectual property infringement , at:

abuse@flirtatious.com

or:

Copyright Agent
Flirtatious.com
7137 E. Rancho Vista Drive, #B67 : Scottsdale, AZ 85251

Please provide our Agent with the following Notice:

a) Identify the material on the flirtatious site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A 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;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Flirtatious will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millennium Copyright Act (DMCA).

9. Privacy and information disclosure

Flirtatious has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.flirtatious.com/privacy. Your use of the flirtatious website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that flirtatious may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; enforce our Code of Conduct; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; and to protect the rights, property, or personal safety of flirtatious, its users or the general public.

10. Code of conduct

You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in sexual conduct including but not limited to (i) sexual intercourse of any type (real, simulated, animated or implied) (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that impersonates any person or entity, including, but not limited to, a flirtatious employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); e) that includes personal or identifying information about another person without that person's explicit consent; f) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; g) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; h) that constitutes or contains any form of advertising or solicitation or posting such items in areas of the flirtatious sites which are not designated for such purposes; or emailing flirtatious users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. i) that includes links to commercial services or web sites, except for "commercial accounts" that have been established by Flirtatious Media; j) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Arizona. k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: n) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; o) "stalk" or otherwise harass anyone; p) collect personal data about other users for commercial or unlawful purposes; q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by flirtatious; r) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; s) attempt to gain unauthorized access to flirtatious's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the flirtatious website; or t) use any form of automated device or computer program that enables the submission of postings or messages on flirtatious without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device or computer scripts which submit postings or messages in bulk, or for automatic submission of postings at regular intervals. u) use any form of automated device or computer program ("flagging tool") that enables the use of flirtatious's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove content of site users without a good faith belief that the post being flagged violates these Terms of Use;

11. Posting agents and content posted by third parties

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on flirtatious's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from flirt.atious.com, LLC. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from flirt.atious.com. LLC. All content posted on flirtatious.com must be done manually by the human who created the account. The only exception shall be bona fide commercial accounts which have been issued by flirtatious.com, LLC.

12. Commercial accounts

Commercial Accounts are available for certain approved commercial uses. This includes, bands, musicians, artists, corporations, public figures, businesses, arts and entertainment and approved brands. If you are interested in creating a Commercial Account, you must contact public relations at: pr@flirtatious.com

13. No spam policy

You understand and agree that sending unsolicited email advertisements to our flirtatious.com email addresses or through our computer systems to our members, is expressly prohibited by these Terms of Use. Any unauthorized use of flirtatious computer systems is a violation of these Terms of Use and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act. Unauthorized attempts to upload or change information on this site are strictly prohibited and are punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Acts in addition to other state and federal laws. Violations of these acts will subject the sender and his or her agents to civil and criminal penalties including, but not limited to the Liquidated Damages shown below.

14. Premium memberships, paid postings, commercial uses

We may charge a fee for premium memberships. We may charge a fee to post Content in some areas of the Service. We may charge a fee to establish accounts for commercial use. The fees we charge represent an access fee permitting for Content to be posted in a designated area and for the use of additional site features and functionality. Each party posting Content to the Service is responsible for said Content and for compliance with the Terms of Use. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms of Use. If you are a Premium Member and your profile is removed for violating the Terms or Use or the Code of Conduct, no refunds will be given. All fees and payments made in conjunction with your use of our Service are non-refundable.

15. Limitations on service

You acknowledge that flirtatious may establish limits concerning use of the Service, including the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or interact with other flirtatious members. You agree that flirtatious has no responsibility or liability for the deletion or failure to store any Content, maintained or transmitted by the Service. You acknowledge that flirtatious reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that flirtatious shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16. Termination of service

You agree that flirtatious, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if flirtatious believes that you have acted inconsistently with the letter or spirit of the Terms of Use or our Code of Conduct. Further, you agree that flirtatious shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and Sections 10-20 shall survive termination of the Terms of Use.

17. Proprietary rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of flirtatious You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of flirtatious, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service or any images or data contained within the flirtatious.com website. FLIRTATIOUS and FLIRTATIOUS.COM are registered marks in the U.S. Patent and Trademark Office (USPTO). Although flirtatious does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to flirtatious an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant flirtatious all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose including, but not limited to the prevention of "scraping", "data-mining", "spamming", "indexing", "compiling" and "Phishing" schemes.

18. Disclaimer of warranties

YOU AGREE THAT USE OF THE FLIRTATIOUS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FLIRTATIOUS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FLIRTATIOUS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FLIRTATIOUS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FLIRTATIOUS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FLIRTATIOUS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FLIRTATIOUS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FLIRTATIOUS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FLIRTATIOUS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. Should any claim or dispute arise out or your use of this service, it is hereby agreed that the maximum liability of flirtatious.com, flirt.atious.com, LLC or any related entity shall be Phoenix, Arizona. We do not wish to provide you with our services or access to our site if you do not agree with these terms.

19. Limitations of liability

UNDER NO CIRCUMSTANCES SHALL FLIRTATIOUS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FLIRTATIOUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FLIRTATIOUS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FLIRTATIOUS SITE OR THE SERVICE, FROM INABILITY TO USE THE FLIRTATIOUS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FLIRTATIOUS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FLIRTATIOUS SITE OR THE SERVICE OR ANY LINKS ON THE FLIRTATIOUS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FLIRTATIOUS SITE OR THE SERVICE OR ANY LINKS ON THE FLIRTATIOUS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. Should any claim or dispute arise out of your use of this service, it is hereby agreed that the maximum liability of flirtatious, flirtatious.com, LLC or any related entity (such as Flirtatious Media, LLC) shall be $100. The subject matter jurisdiction for any and all disputes related to the use of this site, flirtatious.com, Flirtatious.com, LLC or Flirtatious Media shall be Phoenix, Arizona. We do not wish to provide you with our services or access to our site if you do not agree with these terms.

20. Indemnity

You agree to indemnify and hold flirtatious, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Use, your violation of our Code of Conduct, your breach of any of the representations and warranties herein, or your violation of any rights of another.

21. General agreement summary

This Terms of Use Agreement constitutes the entire agreement between you and flirtatious and governs your use of the Service, superceding any prior agreements between you and flirtatious The Terms of Use and the relationship between you and flirtatious shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and flirtatious agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona. The failure of flirtatious to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. We do not wish to provide you with our services or access to our site if you do not agree with these terms.

22. Unsolicited ideas

From time to time, users may submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Flirtatious, without any compensation to you; (2) Flirtatious may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for Flirtatious to review any submission; and (4) there is no obligation to keep any submission confidential.

23. Mandatory arbitration

You and flirtatious agree to arbitrate any claim, controversy or dispute arising under or related to this User Agreement, except that you or flirtatious may bring an individual action in any court of appropriate jurisdiction for preliminary injunctive relief. To initiate arbitration, you or flirtatious must first send a written notice, via certified mail, to the other party indicating an intent to arbitrate, which will include: (1) a description of the facts; (2) a description of the nature of the claim; and (3) the relief sought ("notice to arbitrate"). Send notice to arbitrate to:

General Counsel
Flirtatious.com
7137 E. Rancho Vista Drive, #B67 : Scottsdale, AZ 85251

Both parties agree to make reasonable attempts to resolve any such dispute; however, if the parties cannot resolve the dispute within forty-five (45) days of receipt of notice to arbitrate, then an arbitration claim may commence. Any arbitration initiated under this Terms of Use agreement will be administered by the American Arbitration Association (“AAA”) in accordance with the national arbitration rules or the international arbitration rules, as applicable, as such rules may be modified by this agreement. The language to be used in the arbitral proceedings shall be english and the place of arbitration will be Scottsdale, Arizona.

Any arbitration will be conducted by a single arbitrator mutually agreed upon by both parties or, otherwise, a single arbitrator selected by the AAA. You and flirtatious further agree that no arbitrator will have the authority to award any relief or remedy in excess of or contrary to what is provided in this Terms of Use agreement, except where such provision is not permitted under applicable law. The arbitrator's decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered into any court having jurisdiction. The law that is applied to this Terms of Use agreement also will be applied in any arbitration proceeding. The cost of arbitration shall be paid for as determined by the arbitrator. We do not wish to provide you with our services or access to our site if you do not agree with these terms.

24. Waiver of jury trial and class actions

By entering into this Terms of Use agreement, you and flirtatious acknowledge and agree to waive certain rights to litigate disputes in court, to receive a jury trial, or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. You and flirtatious both agree that any arbitration will be conducted on an individual basis and not a consolidated, class-wide, or representative basis and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason the arbitration clause set forth in this Terms of Use agreement is deemed inapplicable or invalid, or the extent the arbitration clause allows for litigation of disputes in court, you and flirtatious both waive, to the fullest extent allowed by law, any right to pursue or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. We do not wish to provide you with our services or access to our site if you do not agree with these terms.

25. Violation of terms and liquidated damages

Please report any violations of the Terms of Use, by flagging the posting(s) for review, or by emailing us at: abuse@flirtatious.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for flirtatious to pursue legal action to enforce these Terms of Use, you will be liable to pay flirtatious the following amounts as liquidated damages, which you accept as reasonable estimates of our damages for the specified breaches of these Terms of Use:

1. If you post a message that (a) impersonates any person or entity; (b) falsely states or otherwise misrepresents your affiliation with a person or entity; or (c) includes personal or identifying information about another person without that person's explicit consent, you agree to pay flirtatious five hundred dollars ($500) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

2. If flirtatious establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay flirtatious one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access flirtatious in excess of such limits, whichever is higher.

3. If you send unsolicited email advertisements to flirtatious email addresses or through flirtatious computer systems, you agree to pay flirtatious twenty five dollars ($25) for each such email.

4. If you post Content in violation of the Terms of Use, other than as described above, you agree to pay flirtatious twenty-five dollars ($25) for each Item of Content posted. In its sole discretion, flirtatious may elect to issue a warning before assessing damages.

5. If you are a Posting Agent that uses the Service in violation of the Terms of Use, in addition to any liquidated damages under clause (4), you agree to pay flirtatious one hundred dollars ($100) for each and every Item you post in violation of the Terms of Use. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms of Use) agrees to pay flirtatious an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms of Use.

6. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without flirtatious's express written permission, you agree to pay flirtatious three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay flirtatious's actual damages, to the extent such actual damages can be reasonably calculated.

7. If you make unauthorized attempts to upload or change information on this site for any purpose (except for your own Content) in violation of these Terms of Use, without our express written permission, you agree to pay flirtatious five hundred dollars ($500) for each act or attempted act in which you engage in such conduct.

Notwithstanding any other provision of these Terms of Use, flirtatious retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

26. Feedback

We welcome your questions and comments. Sign in and share your thoughts at:

http://www.flirtatious.com/cs

27. Helpful hints for meeting online

Remember that you can remain completely anonymous. Site users will see your username unless your grant them access to be your “friend”. Only people who you have accepted into your social circle will be able to see your first name. All other members will see your anonymous username.

Never include your personal contact information in your profile, especially telephone numbers, email information, your home address or your last name. This is a violation of our Terms of Use.

Set up an email account just for online dating, ask a lot of questions, watch for inconsistencies or unusual behavior, trust your instincts and have fun!