Last revised on 20/01/2007

This site is operated by FriendAndFlirt.com.

These Terms of Use only apply to the complete contents of website and mobile application of the services under the domain name: www.friendsandflirt.com that is operated by FriendsAndFlirt.com ( www.friendsandflirt.com ).

FriendsAndFlirt is a mobile & web based dating and community service (FriendsAndFlirt service) accessible to registered users and includes location based information. FriendsAndFlirt can be accessed from mobile phones and computers over Internet and WAP or any other devices that can run FriendsAndFlirt application or interprete web page.

Www.friendsandflirt.com is a dating site accessible to FriendsAndFlirt Members via Internet, mobile/cellular phones and other web enabled devices. At the moment FriendsAndFlirt service operates free of charge or in association with some advertisment companies with FriendsAndFlirt in-advertising model, but FriendsAndFlirt.com holds to right to add differenet addvert modul to the services or to start charging for the services anytime in the future. By using FriendsAndFlirt service users will transfer respectable amount of data over mobile networks (UMTS, GPRS, CDMA, EDGE, etc) or Internet and FriendsAndFlirt.com doesn't take any responsibility for possible costs done by transfering such data or in general by using FriendsAndFlirt service.

We ask you to carefully read the Terms of Use below before participating with FriendsAndFlirt, as a FriendsAndFlirt User / Member. This Terms of Use a binding contract between you and FriendsAndFlirt.com, regarding your use of FriendsAndFlirt. In becoming a registered user / member of FriendsAndFlirt, you undertake to comply with these Terms of Use. If you do not accept these Terms of Use, you should not register with FriendsAndFlirt.com. Registration for FriendsAndFlirt, as well as use of this site/service, implies full and complete acceptance of these Terms of Use by the Member. By checking the box containing the words "I certify that I am at least 18 years of age and that I have read the FriendsAndFlirt.com Terms of Use", located at the bottom of the www.friendsandflirt.com page or in FreindsAnfFlirt mobile application, in order to confirm registration, the user acknowledges that he/she is bound by all clauses of the Terms of Use.

The list of words below, which start with a capital letter, have been defined for the purposes of these Terms of Use as follows:

"FriendsAndFlirt" refers to complete Services operated from domain www.friendsandflirt.com which purpose is to link people and enable them in social interaction over service for personal, fun and non-business purposes. FriendsAndFlirt is accessible from various platforms (Mobile phones, computers, other mobile devices that can interpret web pages, etc.) with or without payment. At the moment FriendsAndFlirt service opearates free of charge but FriendsAndFlirt.com without or with addverts to the services. FriendsAndFlirt.com hold the right to start charging for the services anytime in the future but with prior notification and acceptance of the user.

"Service(s)" refers to the entirety of the Services accessible to FriendsAndFlirt users.

"Advert(s)" refers to the any or all advertisments that are shown inside the FriendsAndFlirt mobile applications or on FriendsAndFlirt web sites.

"Member(s)" refers to the any or all validly registered users of the FriendsAndFlirt Service who have or have not paid use to FriendsAndFlirt.com.

"Terms of Use" refers to these Terms of Use.

Devices (mobile phones, computers, other devices etc.) used to allow access to Services shall be the responsability of the User / Member, as shall be all the telecommunications costs (data transfer, call costs, web acces over internet, etc) done by its use.

To be a FriendsAndFlirt User / Member you must be at least 18 years of age and complete all requested fields appearing on the registration forms.

In order to become a FriendsAndFlirt User / Member it is necessary: to register and subscribe to Services under the Terms of Use that are listed on the FriendsAndFlirt website.

When the conditions required for registration are met, each User / Member will have one or more identifiers / usernames and one or more passwords. These identifier(s) and password(s) are strictly private and confidential and must not be passed on or shared with any third parties.

If a Member uses these elements in a manner deemed contrary to its original purpose, FriendsAndFlirt.com will terminate the Member's Account.

The Member shall be solely liable for the use of this identification information by third parties or for the actions or statements made through the FriendsAndFlirt's account, whether these be fraudulent or not. The Member holds FriendsAndFlirt.com harmless against all claims of this kind. In addition, as FriendsAndFlirt.com does not have the obligation or the technical means to check the identity of every person registered with its Services, FriendsAndFlirt.com is not liable in the event a Member's identity is used by someone else. If the Member has reason to believe that a person is using his or her Member identification information or account, he or she must inform FriendsAndFlirt.com immediately.

For security and quality purposes, FriendsAndFlirt.com may deactivate the accounts of Members who have not used the FriendsAndFlirt service for a period of 3 months or more, and for whom no subscription remains valid.

Upon registration, and after acquiring the necessary account information, the Member can take advantage of access to FriendsAndFlirt services available on www.friendsandflirt.com.

FriendsAndFlirt.com will remotely and by electronic means supply an mobile & online FriendsAndFlirt over Mobile and Internet. FriendsAndFlirt.com has no legal obligation to identify Users / Members when they connect to the www.friendsandflirt.com site or to monitor content published by Members. FriendsAndFlirt.com is technically incapable of providing such Services due to large size of possible data, FriendsAndFlirt.com does not undertake contractually to identify Users / Members or to moderate in respect of content which they publish under their own responsibility.

FriendsAndFlirt.com cannot be held liable for false declarations made by a Member. Therefore, it is imperative that Members take certain precautions when arranging to meet up with another Member. FriendsAndFlirt.com assumes no responsibility for meetings between Members of FriendsAndFlirt, on FriendsAndFlirt or during meetings between Members and/or non-Members as a consequence of the use of the FriendsAndFlirt site and Services. In addition, on a first meeting or date, it is recommended that you tell someone close to you and choose a public place (street, pub, restaurant, cinema, bus & train station etc.).

In this respect, FriendsAndFlirt.com reminds its Users / Members that they are prohibited from disclosing information that allows them to be identified, such as last names, postal / email addresses or telephone numbers, to other Members of FriendsAndFlirt.com through the Services.

The provisions of this Rule shall apply without prejudice to the Rule "Termination".

When using the FriendsAndFlirt, the Member undertakes in particular to comply with contract law, the rights of third parties and these Terms of Use.

The Member has the following General Obligations:

To use, act fairly in respect of FriendsAndFlirt.com and other Members. To respect the intellectual property rights relating to content supplied by FriendsAndFlirt.com and by other Members. To understand that he/she alone defines the boundaries of his/her privacy and that it is his/her responsibility only to communicate to FriendsAndFlirt.com and to other Members such personal information the dissemination of which he/she considers cannot cause him/her any harm.

The Member has the following Essential Obligations:

- Not to use FriendsAndFlirt for professional or commercial purposes (canvassing, soliciting or prostitution) or for any non-private purposes;
- Not to post, disseminate, or broadcast in any form whatsoever inaccurate or false information or content.
- Not to make comments, propagate or disseminate in any form whatsoever content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and, in general, any content that is contrary to the purpose of FriendsAndFlirt, current rules and laws in force or acceptable norms and standards. In particular, photographs, videos and any other information in terms of data or files supplied by a Member of FriendsAndFlirt must be decent and refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsability of the Member concerned.
- Not to mention on the www.friendsandflirt.com website any personal information provided by a FriendsAndFlirt Member (such as an email address, postal address, or a telephone number) enabling a Member to contact another Member without using FriendsAndFlirt.
- Not to post, disseminate, or broadcast in any form whatsoever information or content that has the effect of diminishing, disorganizing or preventing normal usage of the Services, or of interrupting and/or slowing down normal circulation of communications between Members through the Services, such information comprising, for example, software, worms, viruses, software bombs, mass mailing, etc. FriendsAndFlirt.com reserves the right to delete messages sent in mass mailings by a Member in order to maintain the quality of use of the Services provided to its Members.
- Not to post, disseminate, or broadcast in any form whatsoever information or content that incorporates links to third-party websites that are illegal in character, contrary to what is generally acceptable and/or not in accordance with the principles of FriendsAndFlirt;
- To use his/her password and/or ID only for his/her purpose of authentification for the Services. In this regard, the Member must not, without limitation, communicate, disseminate, share or make accessible, in any way, his/her passwords and/or IDs to any third party;
- To ensure that the personal data of his/her entourage is communicated legally and without risk of harm. The Member must thus obtain the prior consent of Members of said entourage to receive, on the Member's behalf, an email from FriendsAndFlirt.com.
- To use the Services in accordance with the purpose set out in these Terms of Use.

Failure to comply with the Essential Obligations as set out above shall contitute a serious breach by the Member of his/her obligations. Without prejudice to the provisions of the Rule "Termination", FriendsAndFlirt.com shall, where the Member fails to comply with one or more of these Essential Obligations, be entitled to terminate the contract and will definitively delete the account of the Member concerned.

FriendsAndFlirt.com upholds the strictest of standards with respect to protection of privacy and of personal information. For and within the scope of the functioning of the www.friendsandflirt.com site, each Member gives his explicit personal authorization to FriendsAndFlirt.com to gather, store, disclose and otherwise use the personal data he has provided by using FriendsAndFlirt.

Each Member can, access or request access to information concerning him/her in order to have it modified, deleted or to forbid any use by FriendsAndFlirt.com of it. Such request access shall be exercised via postal mail to the address of FriendsAndFlirt.com.

The Member can be in some cases asked to supply information about himself /herself, when he/she registers with the FriendsAndFlirt service, participates in a contest, or acquires account information. Certain items of information are mandatory in order to gain access to FriendsAndFlirt services.

Personal information gathered by FriendsAndFlirt.com can include your name, postal and/or email address, mobile / cellular phone number, information about your photographs, interests and your use of the FriendsAndFlirt service.

Also some certain non-personal information are may be gathered, such as the mobile phone mark and model, version of the Member's and any other visitor's web browser (Internet Explorer, Firefox, Mozzila, etc.), the operating system (Windows XP, Linux, etc.) and the IP address of the mobile / cellular phone or computer from which User / Member is visiting the FriendsAndFlirt service and/or www.friendsandflirt.com website.

Finally, FriendsAndFlirt.com uses cookies, designed to store information used to identify the Member while he/she is browsing on the www.friendsandfllirt.com site, in order to allow the Member to continue browsing without having to re-enter this information for each new page. The User / Member always has the option of preventing the use of cookies by modifying the options of his/her web browser.

The information gathered about you when you register with FriendsAndFlirt.com and subscribe to our Services is used to offer you our different Services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity. The personal information you provide at the time of registration which does not comprise your personal ad and your profile will not be accessible by third parties, nor passed on, sold or exchanged, except in the cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto.

The information contained in your personal ad, your search criteria and your profile can be accessed on FriendsAndFlirt.com, on the web, by email (newsletters), by mobile / cellular telephone.

In addition, these information may be broadcasted directly by FriendsAndFlirt.com or via our partners to persons interested in FriendsAndFlirt.com, through newsletters or third-party websites, or by all other electronic (email, SMS, etc.) or audiovisual (radio, television, etc.) communication tools, or by written press (newspapers, magazines, etc.), in order to increase your chances of meeting someone by promoting your person ads, search criteria and profile.

Consequently, the Member explicitly authorizes FriendsAndFlirt.com to reproduce and broadcast the information contained in his/her personal ad, search criteria or profile (personal information, description, images, videos, etc.) on all or part of the FriendsAndFlirt.com Services (on the www.friendsandflirt.com site, on the Web, by email) and/or in a general manner, on all distribution media, in particular audiovisual communication (press, radio, analogue television, digital television, cable or satellite) or electronic communication (email, Internet), throughout the entire world and for the length of time established in these Terms of Use between the Member and FriendsAndFlirt.com. Furthermore, the Member explicitly authorizes FriendsAndFlirt.com to transfer the benefits of the above mentioned rights to its partners and eventual successors of FriendsAndFlirt.com.

If you no longer wish for FriendsAndFlirt.com or its partners to reproduce or broadcast the information comprised in your personal ad, your search criteria, or your profile, you can terminate your FriendsAndFlirt.com account following the conditions foreseen in the Rule "Termination". Since this information is comprised of your personal ad, your search criteria and your profile, the termination will only take effect upon the next update or version of these communications (printed, press, audiovisual, or electronic) containing your personal ad, your search criteria and your profile information.

FriendsAndFlirt logos, graphics, photographs, animations,and texts featuring on the www.friendsandflirt.com site and in the FriendsAndFlirt.com Service are the intellectual property of FriendsAndFlirt.com or its partners and may not be reproduced, used or represented without the express permission of FriendsAndFlirt.com or its partners, under threat of legal action.

The User / Member grants FriendsAndFlirt.com a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the FriendsAndFlirt Site.

This licence in particular incorporates the right for FriendsAndFlirt.com to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-licence or assign the content concerning the Member (information, images, videos, descriptions, search criteria, etc.) on all or part of the FriendsAndFlirt.com Services (on the FriendsAndFlirt.com site, by email, by Audiotel) and/or in mailings sent by FriendsAndFlirt.com and, in a general manner, on all distribution media, in particular electronic (email, SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), or through other audiovisual communications media.

The Member expressly authorises FriendsAndFlirt.com to modify this content in order to conform to the look and feel of the FriendsAndFlirt.com Services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are awarded on a global basis for the legal duration of the rights awarded, under Slovenian and foreign law, as well as current and future international conventions including any extensions that might eventually be agreed to this duration. The Member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Members, except for the explicit requirements for usage of the Services for the Member's own strictly personal and private purpose.

To use the Services, the Member must have the necessary hardware equipment (mobile / cell phone) and software and the necessary parameters required to properly use FriendsAndFlirt:

FriendsAndFlirt.com does not guarantee that the Services will be usable if the Member's Internet Service provider is unable to provide its service properly. In this context, FriendsAndFlirt.com cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the www.friendsandflirt.com site resulting from incorrect hardware, problems experienced by the Member's Internet Service Provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of FriendsAndFlirt.com. Moreover, due amongst other things to the specifics of their Internet browser, Members who are AOL users may encounter problems making FriendsAndFlirt function properly.

Under these conditions, FriendsAndFlirt.com does not guarantee that the Services shall function without interruption or error. In particular, the use of this Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, FriendsAndFlirt.com shall inform its Members prior to maintenance work or updates.

The information supplied by a Member of FriendsAndFlirt.com must be accurate and conform to reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned. It is the Member who takes the initiative to divulge and disseminate via FriendsAndFlirt.com personal information, data, text, content and images. Consequently, he/she waives all recourse against FriendsAndFlirt.com, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honor and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by these Terms of Use, in particular by Rule 4 "Personal privacy and protection of Member data", since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use.

FriendsAndFlirt.com cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Members, site visitors and/or the Member himself/herself. Correspondingly, FriendsAndFlirt.com cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties.

The quality demanded of the FriendsAndFlirt.com meeting Service by both FriendsAndFlirt.com and its Members necessitates compliance with certain ethical standards in Members' expression and behavior, respect of third parties' rights, and compliance with applicable laws and regulations. In the scope of this requirement for quality, individual responsability and ethics, FriendsAndFlirt.com allows Members to notify FriendsAndFlirt.com, on the FriendsAndFlirt.com site, the data (photograph, text, video), behavior or words of a Member which seem to them to infringe applicable laws or regulations, the image or the purpose of the FriendsAndFlirt.com Service, the rights of any third party, or general good standards. Consequently, Members acknowledge and accept that the data they provide, as well as their behavior and words on the Service, may be notified by other Members, moderated and/or monitored by FriendsAndFlirt.com, on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a Member of any applicable laws or regulations or of his/her contractual obligations, the provisions of these Terms of Use, in particular the Rule "Termination", may be applied.

In the case where the responsibility of FriendsAndFlirt.com is pursued due to a breach by a Member of his/her obligations as defined in the scope of the law or by these present Terms of Use, the Member undertakes to protect FriendsAndFlirt.com against all claims or damages against FriendsAndFlirt.com, including full indemnification for any costs that might be incurred including lawyers' fees and court costs.

FriendsAndFlirt.com can supply or third parties may include hypertext links to other websites other than the FriendsAndFlirt.com site and to mobile WAP and Internet sources. As FriendsAndFlirt.com is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other elements made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilisation of these external sites and sources are governed by their own Terms of Use.

FriendsAndFlirt.com can be held responsable by a Member only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by FriendsAndFlirt.com having caused that Member damage.

In this regard, FriendsAndFlirt.com shall in no circumstances be liable for direct or indirect damage to the Member where the Member's behavior contributed to the occurrence of the damage he/she claims to have suffered.

A Member may at any time and without the need to provide any reason end his/her registration with FriendsAndFlirt / FriendsAndFlirt.com by requesting the closure of his/her account in the area of the www.friendsandflirt.com site designated for such purposes. Such request shall be deemed effective from the first working day after receipt by FriendsAndFlirt.com of the request for closure of the account concerned. Such request does not trigger reimbursement of, as appropriate, any time remaining on the Member's Pass.

Without prejudice to the other provisions hereof, where the Member commits a serious breach, FriendsAndFlirt.com will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.

Without prejudice to the other provisions hereof, where the Member commits a breach, FriendsAndFlirt.com will terminate the Member's account seven (7) days after having sent to the Member an email requesting unsuccessfully that he/she comply with these Terms of Use.

Such termination shall take effect without prejudice to any damages that FriendsAndFlirt.com might claim from the Member or his/her beneficiairies and legal representatives, in compensation of the harm suffered as a result of such breaches

The Member will be informed by email or message in FriendsAndFlirt Service of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member's account.

FriendsAndFlirt.com holds the right to terminate specific version of FriendsAndFlirt mobile application(s) and/or acces from such FriendsAndFlirt application(s) in relation that such FriendsAndFlirt application was a testing product, is/was offered free of charge and no payment was charged to end user(s) and/or was/is running in advert enabled business model.

These Terms of Use, and the pages on the www.friendsandflirt.com site to which these terms refer, constitute a contract that governs the relationship between the Member and FriendsAndFlirt.com.

FriendsAndFlirt.com may modify these Terms of Use at any time. The Member will be informed about the nature of modifications as soon as they are posted on the www.friendsandflirt.com site. The modifications shall take effect 1 week after their posting on the Site.

These Terms of Use shall be governed, construed and applied in accordance with the Laws of the Republic of Slovenia, and in the event of dispute as to the meaning of a term or provision of these Terms of Use the language of interpretation shall be English. Subject to mandatory public order rules applicable to court jurisdiction, only the District Court of Ljubljana shall be considered competent for all litigation relating to these present Terms of Use, inclusive, without this list being limiting, and to their validity, their interpretation, their execution and/or their termination and the consequences thereof.

Ljubljana-Slovenia, 20th of January 2007