FlirtyFans

Terms of Service

Last updated: October 11th 2023

Content Core LLC, a Delaware limited liability company (“Company”), owns and operates flirtyfans.com and all affiliated websites and mobile versions (“FlirtyFans”), a social media website and application service that allows creators to upload photos and videos to their profile and set prices for access to that content (“Creator(s)”) and that allows fans to pay to access that content (“Fan(s)”). The term “You” or “User” refers to all users, whether Creators or Fans.

Please read the Terms of Service (“Terms”), a legal contract which governs your use of FlirtyFans, including any content, functionality, and services offered on or through FlirtyFans. Please pay special attention to the following sections: disclaimer of warranties; limitations of liability; releases; class action waiver, mandatory arbitration, and disputes. By registering with and using FlirtyFans, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms or you do not meet or comply with its provisions, you must not access or use FlirtyFans.

We may change these Terms on one or more occasions. Changes will become effective on the “last update” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes these Terms, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use FlirtyFans after the Company posts changes to these Terms, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing FlirtyFans.

General Provisions

  • No Minors: FlirtyFans contains adult oriented content and is not intended for minors. Only adults (1) who are at least eighteen (18) years old and (2) who have reached the age of majority where they reside may access FlirtyFans. If you do not meet these age requirements, you must not access FlirtyFans and must leave now. The Company forbids all persons who do not meet these age requirements from accessing FlirtyFans.
  • No Child Sexual Abuse Material: The Company prohibits pornographic content involving minors known as child sexual abuse material (CSAM). The Company only allows visual media of consenting adults for consenting adults on FlirtyFans. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within Flirty Fans, please promptly report this to the Company at [email protected]. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating CSAM.
  • No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on FlirtyFans or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.
  • User Content: We do not own the media uploaded by Users on FlirtyFans (“User Content”) and the views expressed by Users on FlirtyFans do not represent the views of FlirtyFans. All User Content transactions and interactions on FlirtyFans are between Users and at no point does FlirtyFans become a party to any transaction or interaction between Users. User Content is provided to you AS IS. You may access User Content for your information and personal use solely as intended through the provided functionality of FlirtyFans and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes without the prior written consent of the Company or the respective licensors of the User Content.
  • Rights Reserved by the Company: We reserve the right at any time and without notice to:
    • modify, suspend, or terminate FlirtyFans or any portion thereof;
    • restrict, limit, suspend, or terminate your access to FlirtyFans or any portion thereof;
    • verify the information which you provide to us;
    • verify compliance with these Terms and/or any applicable law;
    • temporarily suspend or permanently terminate your account for failure to comply with these Terms and/or any applicable law;
    • delete any content you post on FlirtyFans if in our reasonable opinion it does not comply with these Terms and/or applicable law;
    • monitor your use of FlirtyFans (including any content or message you post or broadcast on FlirtyFans);
    • investigate any suspected or alleged misuse or unlawful use of FlirtyFans and cooperate with law enforcement in such investigation;
    • disclose information about your use of FlirtyFans in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful subpoena or court order; and/or
    • change the payment or payout processor that enables you to make or receive payments as a User.
    • License to Access and Use FlirtyFans: Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use our Website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of FlirtyFans other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us. We do not warrant that FlirtyFans is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not FlirtyFans is compatible with your device. From time to time we may make updates to FlirtyFans and will make such updates available through Flirty Fans.

Accounts

  • Fans: To register and create an account on FlirtyFans as a Fan, you must provide a valid email address and a password, or authenticate using a valid social media account. If you desire to purchase content on FlirtyFans, you will need to add a valid payment method. FlirtyFans does not store any payment information.
  • Creators: To register and create an account on FlirtyFans as a Creator, you must complete the Creator registration process and be approved by the Company in our sole and absolute discretion. If you desire to sell content on Flirty Fans, you will also need to add a verified bank account (checking) or other approved payment method, and submit additional legal information, such as a W-9 if you are a resident in the United States of America (the exact information required will depend on your country). Your earnings will be paid into your designated payment method via one of our payout processors or via direct bank wire. If you register as a Creator, you agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a retina or iris scan, or scan of your face geometry from any Content or verification documents you provide to us.
  • User Certifications: By registering on FlirtyFans, you represent and warrant that:
    • all account registration, profile information and content you provide is your own information and the content is complete, truthful, and accurate;
    • you are fully responsible for any and all activities that occur on your account, and that you will log out of your account at the end of each session;
    • you will use particular caution when accessing your account from a public or shared computer so that others are not able to access, view, or record your password or other personal information;
    • you are responsible for keeping your login details confidential and secure, and you will immediately notify us at [email protected] if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security;
    • if you previously had an account with FlirtyFans, your previous account was not suspended or terminated by FlirtyFans for violation of these Terms;
    • you will not use any unauthorized third-party payment processors to accept payments for subscriptions, or any other service, via FlirtyFans;
    • you register on FlirtyFans for your own personal use and you will not sell, rent, or transfer your account to any third party; and
    • If you are using FlirtyFans on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
  • Your Content: We may permit you to submit materials for publication on FlirtyFans. You represent and warrant that you own, have a valid license to, or otherwise control all rights in your User Content. You retain all ownership rights in your User Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for the Company’s business (and the business of our successors), for the purpose of operating FlirtyFans and fulfilling the intent of these Terms. You hereby consent to (i) being depicted in any User Content you post on FlirtyFans, and (ii) allowing the Company to publicly distribute any User Content you post on FlirtyFans. You also grant each of our Users a worldwide, nonexclusive, royalty-free license to access such content with the facilitation of FlirtyFans, subject to any limitations related to any purchases of or subscriptions to such content, and to use, reproduce, display, and perform your content but only to the extent necessary to comply with these Terms. We agree not to reproduce any of your content that is behind a paywall. Except for personally identifiable information covered under our Privacy Policy, User Content is not considered confidential, and may be displayed on Flirty Fans in accordance with these Terms. We have no obligation regarding your User Content. However, we agree that any use or publication of your content will be consistent with these Terms. You warrant that you maintain written releases from any person depicted in your User Content confirming that such person consented to the recording and publication of such content on FlirtyFans, and that your User Content does not violate any rights of any third parties. You will provide copies of any necessary releases, licenses, or ownership documents to us at our request. You are solely responsible for your User Content and the consequences of posting your User Content to FlirtyFans.
  • Co-Authored Content: If you are a Creator, you understand and agree that you may share content that depicts other third parties (“Co-Authored Content”), provided:
    • you tag each depicted Creator in the Content or otherwise identify the third party and provide FlirtyFans with requested documentation confirming age, identity, and consent to publication of the User Content on FlirtyFans;
    • you have obtained and will maintain government-issued identification documentation confirming that each Creator depicted in your content is at least eighteen (18) years of age;
    • you have obtained and will maintain written documentation confirming that each Creator depicted in your User Content has consented to (i) being depicted in such content, and (ii) the content being publicly distributed on FlirtyFans.
    • you will provide this written documentation of consent to us promptly upon request by us for such documentation;
    • you will not use, attempt to access, or ask for the information or login credentials for any other User’s account; and
    • you are principally responsible for your account and agree to safeguard your login credentials from any unauthorized use. You agree that we are not responsible for any misuse of your account if you share your credentials with a third party such as a manager or agency, and you release FlirtyFans from any liability arising from such third party access. You understand and agree that if you provide your account credentials to a third party, that you will remain solely responsible to FlirtyFans for any activity that occurs by or through your account.
  • You further understand and agree that we may refrain from publicly distributing any Co-Authored Content until all depicted Creators or third parties have confirmed their identity and consent to being depicted and distributed. You are solely responsible for segregating, dividing, and distributing any revenue generated from any Co-Authored Content. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and other third parties. We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from Co-Authored Content. You further agree that any claim arising from Co-Authored Content shall be asserted only against the parties participating or appearing therein, and not against us.

Deactivation: If you wish to deactivate your FlirtyFans account, you may select this option in your account settings.

Purchases and Payments

  • Purchasing Subscriptions: Fans who have added a valid payment method to their account may subscribe to a Creator’s content by clicking the “Start Membership” button when choosing a membership plan. If you purchase a subscription, you hereby authorize the Company to automatically charge the payment method on file on the first day of each billing period for the relevant subscription in a recurring manner until you cancel your subscription.
  • Wallets: We may allow you to prepay an allotment of funds to be stored in your wallet as “Flirts” and used for pay-per-view content, tips, and other purchases. However, you may not divide the cost of purchases between your wallet and traditional payment methods. If an attempted purchase costs more than the amount of funds remaining in your wallet, we may charge your listed payment card for the full amount of that purchase. Typically, funds stored in your wallet as “Flirts” are non-refundable; however, we reserve the right to address refund requests related to wallet funds in our sole and absolute discretion.
  • Cancelling Subscriptions: Fans who have purchased a subscription may cancel any subscription at any time by clicking the “Cancel Membership” button within the Plan Details section of the Billing area. If you cancel a subscription, you understand and agree that you will not receive a refund, and you will be able to continue to access the Site’s content until the end of the existing billing period, at which time you will lose access to the content and not be re-billed.
    • You may block another user; however, you will immediately lose access to that user’s content if you do so, and you will not receive a refund or credit for any remaining days in your current subscription period.
    • From time to time, Creators and their content may be removed from FlirtyFans. If this happens, it will be due to breach of these terms or a serious misuse of FlirtyFans. In the unlikely event this happens, you will not receive a refund or credit for any remaining days in your current subscription period.
  • Subscriptions Cancelled by the Company: If your payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you on the next billing period, the Company may immediately revoke your access to any paid service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.
  • Flirt Menu Purchases and Tips: Fans who have added a valid payment method to their account may, in some instances, purchase from Creator’s Flirt Menu or tip the Creator by clicking the “Buy,” “Send ,” or some similar button on or near the Creator’s content or Messages. If you purchase a Flirt Menu or tip a Creator, you hereby authorize the Company to automatically charge the payment method on file for the content. Flirt Menu Purchases and Tips are all purchased through the ‘Flirts’ Balance.
  • Payment Processing: We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with FlirtyFans. Your payment information is stored by a third-party payment processor, such as CardKnox. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
  • Refunds: Ordinarily, our standard policy is that purchases and/or fees associated with your account are final and nonrefundable. However, we reserve the right to address any refund request and issue refunds in appropriate cases, within our sole discretion.
  • Taxes Related to Purchases: If the Company is required to collect or pay any taxes in connection with your purchase of a paid service, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and/or use of a paid service. These taxes may include duties, customs fees, value added tax, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
  • Billing Errors: If you believe that the Company has charged you in error, you must notify the Company in writing no later than thirty (30) days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this thirty (30) day period, you waive any right to dispute the charges. You must submit any billing disputes by email to [email protected] and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments.
  • Chargebacks: If you make a purchase that results in a chargeback, we may immediately suspend or terminate your account.
  • Selling Content: Creators earn commission of the revenue generated on all subscriptions, sales, or tips related to their content and User profile. A valid payout method must be added before payments will be issued. However, we may deduct from any monies earned on subscriptions, sales, or tips that resulted in a chargeback, or any monies earned on subscriptions, sales, or tips related to content that violates these Terms.
  • Referral Program: The Company may provide you with a unique referral URL that allows you to earn income from any new Creator who registers for a Creator account using the same browser that they used to click the referral link. Referral payments will be made in accordance with the terms published on Flirty Fans. You will not use Google Ads, Facebook Ads, or any advertising service or platform to impersonate the Company with the intention to refer other Users.

KYC and AML Policy

At FlirtyFans, we want to ensure the safety and privacy of our users’ personal information. To help protect against fraud and identity theft, we use OnDato’s IDV process as an added layer of security to verify the identity of our Creators. This process requires Creators to provide certain types of identifying documents such as passport or driver’s license as well as answer questions related to their identity in order to proceed with their profile on our platform.

OnDato takes great care in protecting our users' data by using advanced biometric authentication systems leveraging facial recognition technologies to provide sophisticated fraud detection capabilities and software solutions designed specifically for KYC processes.

By verifying our users' identities through OnDato's IDV process, we are able to ensure that all FlirtyFans Creators can be confidently identified before being granted access to publish content on the platform.

Age Verification

Biometric authentication technology is used as a reliable and secure way of verifying the age of users. Biometric authentication utilizes facial recognition technology to accurately recognize and identify individuals. This provides an added layer of security and assurance that users are required to meet the minimum age requirements in order to access a particular service. By using biometric authentication, it is possible to maintain these age verification checks while maintaining user privacy and data security standards.

The benefits of utilizing this technology for age verification checks include increased security and convenience. With biometric authentication, businesses can ensure more accurate and efficient age verification processes, as well as streamlined user onboarding experiences. Additionally, biometric authentication can provide a more secure way to verify identity with less risk of account takeover or identity theft. Ultimately, by utilizing biometric authentication technology for age verification checks businesses can make sure they protect both their customers' wellbeing and safety while providing them with a convenient user experience.

Section 2257 Disclosure Statement

All visual images of actual or simulated sexually explicit conduct are only portrayed by models, actors, actresses, and other persons who are over 18 years of age. We understand the importance of Section 2257 and have taken measures to ensure that all records required by law are kept on file with the appropriate Records Custodian. Our users can be assured that FlirtyFans is in full compliance with all relevant legal requirements related to Section 2257.

Anti-Money Laundering (AML)

We understand the important role AML plays in keeping our content platform safe. To that end, the company continuously monitors, verifies and assesses all of its users to ensure they are compliant with applicable rules and regulations.

Our AML policy enables us to detect, prevent, and reduce any potential fraud or money laundering risks related to our platform. This includes activities like detecting suspicious account activity or individuals who might misuse our services for illegal purposes.

By enforcing an AML policy through advanced technologies such as facial recognition technology and identity verification processes, we strive to create a safe environment for all.

Content Guidelines

These guidelines are in place to protect users and maintain a safe and inclusive environment.

FlirtyFans has a strict policy against any content that involves minors, drug use or paraphernalia, weapons and violence, hate or hate crimes, alcohol, offensive gestures or language, embedded text, and celebrities.

We prohibit any content that includes or portrays minors or anyone who appears to be a minor in a sexual or suggestive manner. Content promoting or glorifying drug use, drug paraphernalia, or any illegal activity, including drug use, is strictly forbidden. Additionally, any content that promotes or glorifies weapons, violence, or hate crimes is not allowed on our platform. Any content related to the exploitation or degradation of any group or individual based on race, ethnicity, sexuality, religion, gender, and age will not be tolerated.

We also prohibit the sharing of any content that involves alcohol in an excessive or potentially harmful manner. Any use of offensive gestures or language, even if it is intended as a joke, is not allowed. Embedded text in images or videos that promotes any form of hate or discrimination is also prohibited.

Lastly, FlirtyFans does not allow content featuring celebrities, unless they have given written consent. This applies to all types of content, regardless of whether it is sexually suggestive or not.

We take these content guidelines extremely seriously, and any violations will result in immediate action, including the removal of the offending content and the suspension or termination of the violating account. Our community guidelines are in place to ensure that FlirtyFans remains a safe and inclusive platform for all users.

Content Consent Guidelines

As a Creator on FlirtyFans, it is important to understand our policies regarding Creator Content. By posting content on our platform, you represent and warrant that you own, have a valid license to, or otherwise control all rights in your Creator Content. You also retain all ownership rights in your Creator Content.

However, you grant FlirtyFans a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Creator Content for the Company’s business (and the business of our successors), for the purpose of operating FlirtyFans and fulfilling the intent of these Terms. You also consent to being depicted in any Creator Content you post on FlirtyFans and allowing the Company to publicly distribute any Creator Content you post.

Additionally, you grant each of our users a worldwide, nonexclusive, royalty-free license to access your content facilitated by FlirtyFans, subject to any limitations related to any purchases of or subscriptions to such content. This is to ensure that users can utilize and engage with your content within the scope and intent of our Terms and Guidelines. We agree not to reproduce any of your content that is behind a paywall.

Except for personally identifiable information covered under our Privacy Policy, Creator Content is not considered confidential and may be shown on FlirtyFans as long as it is in accordance with these Terms. FlirtyFans has no obligation regarding your Creator Content. If we choose to use or publish your content, we will do so in a way that is consistent with these Terms.

You also warrant that you maintain written releases from any person depicted in your Creator Content, confirming that such person has consented to the recording and publication of such content on FlirtyFans, and that your Creator Content does not violate any rights of any third party. You will provide copies of any necessary releases, licenses, or ownership documents to us at our request. For more details, see Co-Creator Consent.

Lastly, you are solely responsible for your Creator Content and the consequences of posting your Creator Content on FlirtyFans. This includes ensuring that your Creator Content complies with our policies and guidelines. FlirtyFans has the right to remove any content that violates these Terms, and may take appropriate action against accounts that repeatedly violate our policies, including terminating or suspending access to the FlirtyFans platform.

Content Review Process

We take our content policies and guidelines very seriously, and it starts with our automated tools. Every piece of content uploaded to our platform first undergoes a programmatically automated review using advanced algorithms that flag any materials that might violate our policies, guidelines, and legal regulations. The algorithms run a series of checks on the content, including image recognition technology, moderation keywords, and metadata analysis, to filter out inappropriate or prohibited content before human moderators review it.

Our moderation team is a team of experienced individuals with a deep understanding of our policies and guidelines, as well as local and international laws and regulations. Human moderators come in after the automated tools have flagged content that requires a more in-depth review or when the automated tools cannot make clear determinations. The moderation team manually reviews flagged content to ensure that it adheres to our guidelines and policies. This involves evaluating things like context, cultural nuances, and the intent of the content.

If any content is found to violate our policies or guidelines, it is immediately removed from the platform, and the offending creator is contacted with a notification of the violation. Despite the best efforts of our automated tools and human moderators, sometimes incorrect decisions can be made. Therefore, we have a user appeal and reporting process in place. If a creator feels that their content has been removed or censored wrongly, or a site user feels that the content falls short of the Content Guidelines, they can submit a report or appeal to have the content reviewed again. This process involves an additional manual review by our moderation team, who will either approve the content or confirm the violation, and notify the creator accordingly.

Our content review process is ongoing, and we strive to continuously improve it to provide a safer and more engaging experience for our users.

Anti-Trafficking, CSAM and Anti-Abuse Statement

No Prostitution or Sex Trafficking

At FlirtyFans, we are a professional service provider that strictly prohibits any activities related to solicitation, promotion, and facilitation of prostitution and sex trafficking. Any violation of this regulation will immediately result in account deletion without a refund or payout from your account. We urge you to abide by our rules and regulations to ensure a secure environment for everyone.

No Child Sexual Abuse Material (CSAM)

As a responsible corporation, we at FlirtyFans take a firm stance against the use and distribution of child sexual abuse material (CSAM). We strictly prohibit pornographic content that involves minors on our content platform. To ensure the safety of our users and to maintain our platform’s integrity, we only allow visual media of consenting adults for consenting adults.

We urge all our users to be vigilant and report any visual content, real or simulated, depicting minors who are victims of sexual abuse on our platform. To this end, we request you to promptly report such instances to the Company using [email protected]. The Company is committed to cooperating with law enforcement agencies in investigating any misuse or exploitation of minors on the FlirtyFans platform.

Our Risk Mitigation Efforts

We have committed to work to improve our platform and mitigate the risks of improper use of the platform in regards to modern slavery and human trafficking.

Creator Verification. All Creators are required to complete identity checks, age verification and in most cases payment details for each application to ensure that individuals can only make an account on their own behalf. We check for any discrepancies between identity documents and the legal name provided on payment methods, and employ safeguards to prevent creator payment details from being changed by the user. This allows us to confidently send payments to Creators, knowing they will receive the payment directly. In all cases, we require a biometric checked “selfie” as part of the identification process when creating the account.

Content Moderation. We take great care to protect people from any form of exploitation and abuse. To ensure this, we actively monitor all media uploaded to our platform, and swiftly remove any content that appears to facilitate or coordinate activities including modern slavery and human trafficking. Additionally, we will report any such behavior to the relevant authorities when necessary. Our combination of AI moderation and human moderators are trained to identify and swiftly report any suspected modern slavery including trafficking. Before content can appear on the platform, we inspect it with state-of-the-art digital technologies to check whether the content is allowed on the platform.

Community Reporting. We continued to expand our support functions to deal with any concerns or complaints from our users and from the wider community. We have an extensive Global Reporting process that our team follows on each and every report we receive. Each post and account on the platform has a report button. Any reports escalated from our platform are reviewed internally by our moderators. In addition, we encourage anyone encountering content on OnlyFans that indicates someone is in immediate physical danger relating to human trafficking to immediately report the content to us at [email protected].

Assist Law Enforcement. If FlirtFans identifies content which contains indicators of modern slavery or human trafficking, we immediately suspend the associated account and pass this information to law enforcement and non-governmental organizations to help identify the perpetrators.

Refund Policy: Subscriptions

At FlirtyFans, we are committed to providing our customers with a satisfactory experience. If a customer is not fully satisfied with their purchase, they have three (3) days from the subscription date to request a full refund. Additionally, within the first 30 days of purchase, if there are any technical issues or faulty content caused by our platform, customers will be entitled to a full or partial refund.

Fair Usage Refunds

At FlirtyFans, we understand that our customers have varying usage and consumption needs. To support this, we offer a Fair Usage Refund, where a customer can request a partial refund for the most recent billing period if they have not used or consumed content on the platform to a level deemed fair use.

Refund Policy: Flirts

FlirtyFans does not refund money for tips that have been purchased and then sent to Creators. This includes, but isn’t limited to Tips, Private Messages and Unlocking Content. A customer is within their right to contact the Creator directly with regards to refund of spent Flirts.

FlirtyFans is able to refund purchases of Flirts that haven’t been spent. The customer will be entitled to request a refund of their Flirt balance if they can provide a just reason for the request. If the customer has partially used the Flirts, the refund will be processed on the remaining balance.

Chargeback and Fraud Policy

Our proactive approach to managing Chargeback and Fraud includes processing high value transactions with 3D Secure and real time monitoring services to screen high risk transactions for suspicious activity. This helps us tackle and prevent fraudulent and criminal activity, enabling us to both protect our users and our own reputation.

If a transaction has been processed and later results in a chargeback or retrieval request, our compliance team is well equipped to provide the relevant information to defend the claim. If the claim is legitimate we will ensure it is investigated and settled appropriately within seven (7) business days.

We are committed to resolving all disputes efficiently and with the highest standards of customer service.

Complaint Policy and Procedure

The safety and wellbeing of our community is our top priority, and we encourage users to report any content that they believe violates our policies or guidelines.

To report content, users can follow the steps below:

  1. Identify the content that violates our policies or guidelines. This can include but is not limited to content that promotes hate speech, violence, nudity, sexual content, or any form of discrimination.
  2. Click on the report button located in the content menu.
  3. Select the reason for the report from the categories available, including but not limited to: hate speech, spam, impersonation, nudity, violence or terrorism, self-harm or suicide.
  4. Include any additional information or specific part of the content that poses a high level of concern. This information will help our moderators in their review process.
  5. Submit the report.

Our team of trained moderators will carefully review each case submitted for dispute, and we use advanced algorithms to quickly identify content that poses a high level of concern. When processing each dispute case, moderators will carefully determine the appropriate action to take. The possible outcomes include reposting approved content, removing a specific post, banning an account, or issuing a warning to the user.

FlirtyFans takes the enforcement of our policies and compliance regulations seriously. We require all reported complaints to be reviewed and resolved within seven (7) business days. If any content is found to violate our standards, immediate removal is mandatory. We are committed to maintaining a safe environment where illegal or standard breaching content has no place. Failure to adhere to our compliance regulations will not be taken lightly and can result in severe consequences, including but not limited to referring to the appropriate authorities.

We take all reports seriously, and by following the guidelines above, users can take an active role in maintaining the safety of the FlirtyFans community. It is essential to remember that our community guidelines exist to create a safe and inclusive environment for our users, and we appreciate your contribution to this code of conduct.

Third Party Websites

  • Links to FlirtyFans: You may link to our homepage on your third-party social media accounts, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
  • Links to Third-Party Websites: FlirtyFans may contain links to third-party websites and resources, including in advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of third-party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked on FlirtyFans, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Intellectual Property Rights

  • Copyrights: Other than User Content, FlirtyFans and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on FlirtyFans, except as follows:
    • your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
    • you may store files that are automatically cached by your Web browser for display enhancement purposes; and

  • Other than User Content, no right, title, or interest in or to FlirtyFans or any content on FlirtyFans is transferred to you, and all rights not expressly granted are reserved by us. Any use of FlirtyFans not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of FlirtyFans in breach of the Terms, your right to use or access FlirtyFans will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

    To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by the Company, terminating the associated User account. For complete information and details on how the Company handles claims of copyright infringement, visit our DMCA Policy.

    • Trademarks: The FlirtyFans name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on FlirtyFans are the trademarks of their respective owners.

Disclaimer of Warranties

By using FlirtyFans, you acknowledge and agree as follows:

  • FlirtyFans and all of the Company’s services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to FlirtyFans and all of the Company’s services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.
  • We do not warrant or guarantee the accuracy, usefulness, completeness, or reliability of FlirtyFans, or the results of your use of Flirty Fans. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to FlirtyFans, or by anyone who may be informed of any of its contents.
  • Your use of FlirtyFans and the Company’s services and features will be solely and entirely at your own risk. We do not warrant or guarantee that FlirtyFans and/or all of the Company’s services and features will be available at any particular time or location, nor secure, uninterrupted, or free of errors, viruses, and other harmful components. We do not warrant or guarantee that defects or errors will be corrected. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of FlirtyFans or any services or items obtained from the Company. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liabilities

The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any of the following:

  • Errors, mistakes, or inaccuracies of content.
  • Personal injury or property damage resulting from your access to and use of FlirtyFans.
  • User Content or any conduct by Users that violates these Terms.
  • Products sold by other users, whether or not such sales are expressly prohibited by these Terms.
  • Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access to or changes to your account, submissions, transmissions, or data.
  • Interruption or cessation of transmission to or from FlirtyFans.
  • Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through FlirtyFans by any person or that might infect your computer or affect your access to or use of FlirtyFans or your hardware or software.
  • Incompatibility between FlirtyFans and your other services, hardware, or software.
  • Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with FlirtyFans.
  • Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through FlirtyFans.

Releases

You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from all liability arising out of User submissions or the conduct of other Users or third parties, including disputes between you and one or more other Users or third parties.

Exclusion of Damages

  • Unless caused by gross negligence or intentional misconduct, the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access FlirtyFans or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
  • The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors also will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access FlirtyFans or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
  • If you are dissatisfied with FlirtyFans or have any other complaint, your exclusive remedy is to stop using FlirtyFans or file a complaint according to the procedures below. The maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to you for any claim will not exceed the greater of one hundred dollars ($100) or the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails in its essential purpose.

Complaints

FlirtyFans is committed to promptly resolving, in good faith, all complaints and appeals.

  • All media can be reported by any user directly on the site. You may also send an email to [email protected] containing your name, email address or username, applicable URLs (if any), a description of the issue (e.g., underage material, non-consensual content, personal information, impersonation, trademark infringement, spam, prostitution or trafficking, weapons, drugs, etc.), and any additional details (including whether you are depicted in the content, whether you agreed to the recording of the content, and whether you agreed to the publication of the content on Flirty Fans.)
  • We intend to operate this system as efficiently and quickly as possible in a fair and reasonable manner. We strive to resolve all reports within seven (7) business days and provide clear guidelines to prevent issues from recurring. If a violation has occurred, we will determine the appropriate remedy and take the necessary action. Any content deemed to be illegal is removed immediately. We will not take action against other users for activity that happens on another platform or offline. We may suggest that you block the other user to prevent further interactions between you and the reported user.
  • Appeals from abuse takedowns can be sent to [email protected] with a written description of the basis for the appeal. In instances where disputes over consent cannot be resolved internally, such disputes are submitted to a neutral arbitration association at our expense. Once an action is taken or if more information is needed from you, we will contact you by email or other electronic message.
  • We reserve the right to take advanced actions against those users that (1) repeatedly violate our rules, or (2) engage in a single egregious violation of our rules. These advanced actions may include but are not limited to deleting the offending user’s account and permanently banning the user from using FlirtyFans in the future.
  • Copyright infringement disputes are addressed by sending DMCA notices to our Designated DMCA Agent in accordance with our DMCA Policy. Our response to DMCA notices or counter notifications are governed by the Digital Millennium Copyright Act and our DMCA Policy.

Scope of Disclaimers, Exclusions, and Limitations

The disclaimers, exclusions, and limitations stated herein apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.

Indemnification

  • Indemnification Provision: You will pay the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following: your access of FlirtyFans; your conduct on FlirtyFans, including any content you submit to FlirtyFans; your breach of these Terms; your actual or alleged violation of rights of any person, including intellectual property and privacy rights; your actual or alleged violation of any law; your actual or alleged negligent, fraudulent, or intentional conduct; or your actual or alleged criminal conduct. But you are not required to pay if the loss was caused by the Indemnified Parties’ intentional misconduct.
  • Definitions Related to Indemnification: “Loss” means an amount that the Indemnified Parties are legally responsible for or pay in any form. Amounts include, for example, a judgement, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
  • Indemnified Parties’ Duty to Notify You: If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
  • Legal Defence of a Claim: The Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defence. If the Indemnified Party directs you to control the defence, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
  • No Exclusivity: The Indemnified Parties’ rights herein do not affect other rights they might have.

Disputes

  • Governing Law: The laws of the state of Delaware—without giving effect to any conflicts of law principles—govern all matters arising out of your use of FlirtyFans or relating in any way to these Terms. The predominant purpose of these Terms is providing services and licensing access to intellectual property and is not a “sale of goods.” These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Except for disputes subject to arbitration, all disputes arising out of or relating to FlirtyFans or these Terms will be subject to the exclusive jurisdiction and venue of the state or federal courts located in Delaware, United States. Each party hereby submits to the personal jurisdiction of the Delaware courts located in Delaware, United States to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum. For purposes of this section, FlirtyFans will be deemed solely based in the state of Delaware, United States and will be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in any other jurisdiction.
  • Dispute Resolution: Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these Terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to FlirtyFans or these Terms.
  • Litigation Election: Either party may elect to litigate the following type of case or controversy: (a) an action seeking injunctive relief, or (b) a suit to compel compliance with this dispute resolution process.
  • Mediation: If the parties cannot settle a dispute arising out of or relating to Flirty Fans or these Terms through negotiation after thirty (30) days, either party may, by notice to the other party, demand that the dispute be mediated by a certified mediator in the state of Delaware, United States. If the parties cannot agree upon a mediator within thirty (30) days, the parties may submit the dispute to arbitration or litigation as otherwise provided in these Terms. Mediation will take place in Delaware, United States, or in such other location as the parties mutually agree. The language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.
  • Arbitration: If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to Flirty Fans or these Terms by arbitration administered by American Arbitration Association in accordance with its Commercial Arbitration Rules. A single arbitrator will preside over the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. Unless the parties agree otherwise, the arbitration will take place in Delaware, United States. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in these Terms. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these Terms without the advance written consent of both parties.
  • Right to Injunctive Relief: Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to FlirtyFans.
  • Recovery of Expenses: In any proceedings between the parties arising out of these Terms or relating to the subject matter of these Terms, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. “Prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
  • Jury Trial Waiver: Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to FlirtyFans or these Terms. Either party may enforce this waiver up to and including the first day of trial.
  • Class Action Waiver: All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
  • Limitation on Time to Bring Claims: A party will not file a claim arising out of or relating to Flirty Fans or these Terms more than one year after the cause of action arose. Any claim brought after one year is barred.
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