Last Updated: April 22nd, 2026
Introduction
These terms of service are entered into between you and Axcess Creative Ventures LLC, a Nevada limited liability company ("we," "our," or "us"). The following terms, together with any documents they incorporate by reference, govern your access to and use of https://flirt1to1.com/, including any content, functionality, and services offered on or through it ("Flirt1to1").
Incorporated Documents
The following documents are incorporated into and form part of these terms of service:
Acceptance of the Terms of Service
Please read these terms of service and the above documents carefully before using Flirt1to1. By accessing or using Flirt1to1 or by clicking to accept or agree to these terms of service when this option is made available to you, you accept and agree to be bound and abide by these terms of service. If you do not want to agree to these terms of service, you must not access or use Flirt1to1.
Important Legal Disclosures
These terms of service contain provisions that affect your legal rights and how certain types of claims between you and us are handled, including:
Additionally, these terms of service include an Arbitration and Class Action Waiver (the "Arbitration Agreement"). Except for certain types of disputes described in the Arbitration Agreement, you and we agree that any disputes arising out of these terms of service or your access or use of Flirt1to1 will be resolved through binding arbitration. By accepting these terms of service, you and we are each waiving the right to a trial by jury or to participate in any class action lawsuit, class-wide arbitration, or other representative proceeding.
Eligibility and Age Restrictions
You may use Flirt1to1 only if you are at least 18 years old (or the age of majority where you live, if higher), access to adult-oriented material is not prohibited where you are located, and you have the legal capacity to enter into a binding contract. By accessing or using Flirt1to1, you state that the following facts are accurate: (1) you meet the age and legal-capacity requirements above; (2) you comply with all laws and regulations applicable to adult-oriented content in your jurisdiction; and (3) you are not using tools or methods (e.g., VPNs, proxies, false or third-party identification) to circumvent geographic restrictions or age-verification requirements. If any of the above is untrue, you must not use Flirt1to1.
Access to Flirt1to1 is restricted to Users who confirm that they meet the minimum age requirement (18 or the age of majority where they live, whichever is greater). Where required by applicable law, we require Users to complete age verification (and, if applicable, identity verification) in accordance with our Age Verification Policy before accessing Flirt1to1. We comply with applicable age-verification laws in the jurisdictions in which we operate. Attempts to access the service by misrepresenting age, submitting false identification, or using another person’s identity are strictly prohibited and may result in immediate account suspension and, where appropriate, referral to law enforcement. Tools and settings on most devices and operating systems can help parents and guardians prevent minors from accessing adult content, and we encourage the use of parental controls on shared devices.
Definitions
In these terms of service, the following definitions apply:
"Content" means any material Uploaded to or otherwise made available on or through Flirt1to1 by any Entertainer, including without limitation photos, videos, audio (including audio communicated during calls), live video, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other forms of media or content, whether now known or thereafter devised.
"Entertainer" means a User who has set up and, where required, verified their Flirt1to1 account to offer Entertainer Interactions and make Content available to Members through Flirt1to1, including by posting or sharing Content and participating in messages and calls.
"Entertainer Earnings" means the USD value of the Flirt1to1 Credits payable to an Entertainer under these terms of service after applying the applicable revenue split and all relevant Tax laws.
"Entertainer Interaction" means any feature, interaction, or transaction on Flirt1to1 for which Flirt1to1 Credits are redeemed to access or receive an Entertainer’s Content or communications, including phone calls, text messages, picture/video/audio messages, PPV unlocks, and tips.
"Credit Purchase" means any payment made to Flirt1to1 to obtain Flirt1to1 Credits (or otherwise fund a Member’s Flirt1to1 Credit balance), including any applicable Taxes and fees charged at checkout.
"Member" means a User who redeems Flirt1to1 Credits for an Entertainer Interaction.
"Notice," "Notify," and "Notification" mean our attempt to communicate with you (in our discretion) through one or more of the following methods: (1) by sending a message to your Flirt1to1 account; (2) by sending an email to the email address you provided; (3) by mailing a letter to the physical address you provided; (4) by sending a text message to, or calling, the phone number you provided; (5) by sending a push notification; or (6) by posting a notification on Flirt1to1.
"Tax" means all forms of taxes, duties, levies, imposts, fees, charges, contributions, withholdings, or other governmental assessments, whether imposed by a national, federal, state, local, or foreign authority, and whether direct or indirect, including any related interest, penalties, or additions.
"Flirt1to1 Credits" means the virtual credits that a User may obtain from Flirt1to1 (including by purchase or as free or promotional credits) and redeem on Flirt1to1 for Entertainer Interactions.
"Upload" and "Uploaded" means to submit or add material to Flirt1to1 for storage on the platform after submission, including photos, prerecorded videos, audio files, text, metadata, images, thumbnails, captions, descriptions, and other files or materials that can be stored and accessed on the platform after upload.
"User" means any person who accesses or uses Flirt1to1, whether as an Entertainer, a Member, or both (also referred to as "you" or "your").
Changes to the Terms of Service
We may revise and update these terms of service on one or more occasions, including to reflect changes in applicable law, address security or risk concerns, or improve our services. All changes are effective immediately when we post them and apply to all access to and use of Flirt1to1 thereafter, except that any changes to the Resolving Disputes section will not apply to any disputes of which the parties had actual knowledge on or before the date the change is posted.
We may provide you with advance Notice of certain changes, but we are not required to do so unless applicable law requires it. If you do not agree to the revised terms, you must stop using Flirt1to1. Your continued use of Flirt1to1 after the posting of revised terms means that you accept and agree to them. We encourage you to review this page regularly so that you remain informed of any changes, as they are binding on you.
Communications
We may communicate with you through electronic means, including, but not limited to, email, electronic messages sent to your account, or Notifications posted on Flirt1to1. These communications might include, but are not limited to:
Email Notifications. You must provide and maintain a valid email address associated with your Flirt1to1 account. You acknowledge that any Notices sent to the email address on file will be deemed delivered to you.
Account Notifications. Certain important Notifications may also be sent directly to your Flirt1to1 account. You must regularly check your account for those Notifications.
Opt-Out and Unsubscribing. You may opt out of non-essential communications, including marketing emails, by following the unsubscribe instructions included in those communications. However, you cannot opt out of essential communications related to your account or legal notices.
Changes to Contact Information. It is your responsibility to keep your contact information, including your email address, current and accurate. We are not responsible for any missed notifications due to outdated or incorrect contact information.
Accessing Flirt1to1 and Account Security
We may withdraw or amend the Flirt1to1 website and any service or material we provide on it without Notice. We will not be liable if any part of the Flirt1to1 website you are accessing is unavailable. On one or more occasions, we may restrict access to any part of the Flirt1to1 website to registered Users.
You are responsible for both:
To access Flirt1to1 or any of the resources it offers, you will be required to provide certain registration details or other information. It is a condition of your use of Flirt1to1 that all the information you provide on Flirt1to1 is accurate. Depending on where you are located, you may be required to verify your age and identity through one or more age verification methods before you can access Flirt1to1. All information you provide to register with Flirt1to1 or otherwise is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.
If you are given a username, password, or other security credential, you must keep it confidential. You must not share your credentials with anyone or allow anyone else to access your account. You must notify us immediately if you learn of unauthorized access to your account. If you use a public or shared device, you must sign out when finished and take reasonable steps to prevent others from seeing or recording your credentials.
We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of service (including our Acceptable Use Policy) or engaged in fraudulent or illegal activities.
Account Deletion
You may delete your Flirt1to1 account at any time through your account settings.
After deletion, we may retain and use your personal data in accordance with our Privacy Policy, including as required for legal or regulatory compliance, recordkeeping, dispute resolution, fraud prevention, or enforcement of these terms of service.
Intellectual Property Rights
Flirt1to1 and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by us, our licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This section does not transfer ownership of Content to us. Ownership and licenses for Content are addressed elsewhere in these terms of service.
You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, scrape, or transmit any material made available on or through Flirt1to1 except as expressly permitted by these terms of service or the platform’s features. Without limiting the foregoing:
You must not:
If you print, copy, modify, download, or otherwise use, or provide any other person with access to, any part of Flirt1to1 in breach of these terms of service, we may suspend or terminate your right to use Flirt1to1. At our request, you must return or destroy any unauthorized copies of materials you have created. No rights or interests in Flirt1to1 or any materials on Flirt1to1 are transferred to you, and we reserve all rights not expressly granted. Any use of Flirt1to1 not permitted by these terms of service is a breach of these terms and may violate copyright, trademark, or other applicable laws.
Trademarks
The Axcess Creative Ventures name, the term FLIRT1TO1, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use those marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on Flirt1to1 are the trademarks of their respective owners.
Prohibited Uses
You may use Flirt1to1 only for lawful purposes and in accordance with these terms of service (including our Acceptable Use Policy). You must not use Flirt1to1:
Additionally, you must not:
Content
Your Content is not confidential. You authorize your Members to access and view your Content through Flirt1to1 for their lawful, personal use, subject to these terms of service and the platform’s features.
You are responsible for all Content you Upload on Flirt1to1 and all activity conducted through your account. If you are an Entertainer, you must operate your Entertainer account yourself. You may receive administrative or production assistance that does not involve communicating with Members, sending messages, participating in calls, or otherwise operating the account on your behalf. Our relationship is with you and not with any third party, and you are responsible for ensuring that all Content Uploaded and all use of your account complies with these terms of service.
You hereby grant us a nonexclusive, worldwide, royalty-free license to host, store, cache, transcode, reproduce, distribute, publicly display, and publicly perform your Content, and to make technical modifications as necessary to operate, provide, secure, and improve Flirt1to1 and to make your Content available to Members through Flirt1to1. You also hereby grant us the right to use your name, username, image, likeness, and other branding you provide in connection with your account to promote you, your account, or Flirt1to1. We may sublicense these rights to our service providers and vendors solely to the extent necessary to provide Flirt1to1.
We may use your Content to operate and improve our automated enforcement tools for content moderation, safety, abuse detection, and platform integrity purposes, and not to generate new content or create AI personas. To the extent permitted by law, you hereby waive any moral rights you may have in your Content.
We will not sell your Content to other platforms. If Axcess Creative Ventures or its assets are sold, the licenses granted under these terms of service may be assigned as part of that transaction.
For each item of Content you Upload to Flirt1to1, you state that the following facts are accurate:
We are not responsible or liable to any third party for the content or accuracy of any Content you Upload.
You must act as custodian of records for Content to which 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75 apply.
Co-Authored Content
As stated above, you are responsible for all Content you Upload or share. You may Upload or share Content that features someone other than you ("Co-Authored Content").
If you Upload or share Co-Authored Content, you state that each individual appearing in the Co-Authored Content is either (1) an Entertainer identified using the tools available on Flirt1to1, or (2) an individual at least 18 years of age whose proof of identity and written, informed consent you have obtained to Upload the Content on Flirt1to1, including consent to be depicted in the Co-Authored Content, consent to Upload and distribute the Co-Authored Content through Flirt1to1, and, if the Co-Authored Content will be made available for downloading by Members, consent to have the Co-Authored Content downloaded.
You and each Co-Author must, upon request, provide us with documents reasonably necessary to confirm you have satisfied the requirements of these terms of service.
If you, or anyone appearing in Co-Authored Content, does not provide information we reasonably request, we may restrict or delete the Co-Authored Content or restrict or terminate your account. To the extent permitted by law and these terms of service, we may withhold Entertainer Earnings attributable to the Co-Authored Content pending resolution.
We are not a party to any agreement to create Co-Authored Content or any resulting dispute. Claims arising from Co-Authored Content must be made against the Entertainer(s) who Uploaded the Co-Authored Content or appeared in it, and you release us from claims arising from Co-Authored Content to the extent permitted by law.
If we receive a report or dispute from an individual appearing in Co-Authored Content, we may restrict access to or remove the Co-Authored Content while we review the matter under our Complaints Policy and Appeals Policy.
Monitoring and Enforcement; Suspension and Termination
We are committed to maintaining a positive and respectful community and do not tolerate Content or conduct that violates these terms of service, our Acceptable Use Policy, or applicable law. We use a combination of automated tools and human review to help detect, assess, and take action on suspected violations. Automated tools can help identify potentially prohibited activity, including spam, scams, off-platform solicitation, impersonation, and other violations. Automated tools are not infallible and may produce false positives or false negatives.
Content moderation may also involve human review to help ensure decisions align with our policies and legal obligations. Users may report Content or conduct they believe violates our policies through our Complaints Policy. We review reports and may investigate and take action, which may include removing Content, restricting features, suspending accounts, terminating accounts, or other measures described below.
We are not responsible for, and do not guarantee, the detection or removal of all prohibited Content or conduct. You acknowledge that some Content or conduct may not be identified immediately.
We may take one or more of the following actions in connection with our monitoring of Flirt1to1:
Additional information about our content moderation processes, notices, complaints, and appeals is provided in our Content Moderation Policy, Complaints Policy, and Appeals Policy.
Without limiting the above, we may cooperate with law enforcement authorities and comply with court orders requesting disclosure of information relating to Users or Content. We will report suspected CSAM to the National Center for Missing and Exploited Children’s CyberTipline and other appropriate authorities as required by law and our policies.
We are not responsible for actions taken in good faith to enforce these terms of service or comply with law.
Copyright Infringement
If you believe that any Content infringes your copyright, please see our DMCA Policy for instructions on submitting a notice of claimed infringement. We may remove or restrict access to Content in response to notices submitted under our DMCA Policy and may terminate the accounts of Users who are repeat infringers, in appropriate circumstances.
Entertainer Interactions
As part of an Entertainer Interaction, the Entertainer hereby grants the Member a nontransferable, nonsublicensable, nonexclusive, revocable license to access and view the Content, and to participate in the communications, to which that Entertainer Interaction relates, solely through Flirt1to1 for the Member’s lawful, personal use.
This license does not grant the Member any ownership rights in any Content and terminates automatically without Notice under any of the following circumstances:
An Entertainer Interaction may be ended by the Entertainer or the Member at any time, and Flirt1to1 may interrupt, suspend, or terminate any live Entertainer Interaction where we reasonably believe it violates these terms of service, our Acceptable Use Policy, or applicable law.
We may remove Content from an Entertainer’s account at any time. The Member acknowledges that Entertainers may remove Content at any time and that access to Content made available through an Entertainer Interaction may be revoked.
Flirt1to1 Credits
Flirt1to1 offers Flirt1to1 Credits that Members may obtain from Flirt1to1 in packages and redeem for Entertainer Interactions. When you obtain Flirt1to1 Credits, you enter into a contract with us for the purchase or receipt of Flirt1to1 Credits under these terms of service. Flirt1to1 does not offer subscriptions and Flirt1to1 Credits do not auto-refill.
Flirt1to1 Credits may be purchased or provided as free or promotional credits. Flirt1to1 Credits are not legal tender, are not transferable outside of Flirt1to1, and have no cash value except as expressly described in these terms of service.
Entertainer Interactions are provided through Flirt1to1 and involve interactions with an Entertainer’s account and Content. To the extent an Entertainer Interaction involves the Entertainer’s performance, communications, pricing set by the Entertainer, or the Entertainer’s conduct, that portion of the Entertainer Interaction is between the Member and the applicable Entertainer. We may moderate Content and conduct and facilitate Entertainer Interactions by providing Flirt1to1, but we are not responsible for, and do not control, any Entertainer’s performance, conduct, or communications.
Entertainers are responsible for setting Flirt1to1 Credit pricing, rates, or other terms applicable to Entertainer Interactions offered through their account, subject to our platform rules and any minimums, maximums, or other limits we may apply.
Flirt1to1 Credits are offered in packages and may only be obtained through Flirt1to1’s billing interface using an approved payment method. Flirt1to1 Credits do not expire while your account remains active and in good standing. Flirt1to1 Credits may be forfeited and your Flirt1to1 Credit balance may be reduced to zero if your account is canceled, closed, suspended, or terminated, except where prohibited by applicable law.
Flirt1to1 Credit purchase prices are displayed and charged in USD unless Flirt1to1 specifies otherwise. Payment providers may charge currency conversion fees or other fees.
Credit Purchases are exclusive of Taxes that we are required to collect, which will be added at the applicable rate. Credit Purchases are also exclusive of any transaction fees imposed by Flirt1to1 for the use of a particular payment method, which will be added at checkout.
If you make a payment using a credit card or other payment method, you authorize us to provide the necessary payment information to our third-party payment processors and service providers to process your Credit Purchase.
Refunds and Billing Disputes
Except where required by applicable law, Credit Purchases are final and non-refundable. We may issue refunds, credits, or adjustments where required by applicable law, to comply with card-network rules, or where we determine it is necessary to prevent fraud, abuse, chargebacks, or other misuse of Flirt1to1.
Entertainers are responsible for the accuracy, quality, and availability of their Content and communications. Entertainer Interactions may be ended by the Member or the Entertainer at any time. Flirt1to1 Credits redeemed for Entertainer Interactions are not refundable except where required by applicable law. Entertainers acknowledge that if we issue a refund, credit, or adjustment relating to an Entertainer Interaction or the related Credit Purchase, we may deduct the related amount from the Entertainer’s Entertainer Earnings (or from amounts otherwise payable to the Entertainer), to the extent permitted by law and our agreements.
If you believe a charge was made in error, you must contact us before filing a chargeback with your payment provider. We will review your request and respond within a reasonable time. Filing a chargeback before contacting us may result in the suspension or termination of your account.
If a Member files a chargeback relating to a Credit Purchase, we may suspend that Member’s account pending resolution. If we incur chargeback fees, penalties, or other costs related to an Entertainer Interaction, we may deduct those amounts from the applicable Entertainer’s Entertainer Earnings or from amounts otherwise payable to the Entertainer, to the extent permitted by law and our agreements.
Members and Entertainers must not attempt to circumvent our refund, billing, or dispute processes. Misuse of chargeback or refund mechanisms constitutes a breach of these terms of service.
Entertainer Payouts
Entertainers are paid out in accordance with the signed Entertainer Agreement between Entertainers and Axcess Creative Ventures.
Changes to Flirt1to1
We may update, modify, suspend, or discontinue any part of the Flirt1to1 from time to time. We do not guarantee that any Content or other information available on Flirt1to1 is complete, accurate, or current. Any material on Flirt1to1 may be out of date at any given time, and we have no obligation to update it.
Information About You and Your Visits to Flirt1to1
All information we collect on Flirt1to1 is subject to our Privacy Policy. By using Flirt1to1, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.
When you communicate with another User through Flirt1to1 (including through messages or calls), you may share personal data directly with that User. Each User is responsible for their own compliance with applicable data protection laws with respect to any personal data they collect, use, or disclose from those direct interactions. Flirt1to1 does not control how a User uses personal data obtained from another User through those direct interactions, except to the extent described in the Privacy Policy and these terms of service.
We record and monitor all Entertainer Interactions. We use recorded data obtained to evaluate Flirt1to1, to monitor compliance with this agreement, quality assurance purposes, and to promote Flirt1to1. You may opt out of our use of any recording for marketing purposes by sending an email to support@flirt1to1.com and putting "Recording Opt-Out" in the subject of the email.
Linking to Flirt1to1 and Social Sharing
You may link to publicly accessible pages of Flirt1to1, including Entertainer profile pages, in a manner that is fair and lawful and does not imply any association, approval, or endorsement by us without our prior written consent.
Flirt1to1 may provide social sharing features that enable you to share links to certain Content or features. You may use these features only as made available by us.
You must not frame, embed, mirror, or otherwise display Flirt1to1 or any Content within another website, application, or service without our prior written consent. Linking and sharing must comply with these terms of service and our Acceptable Use Policy.
We may withdraw linking permission or disable sharing features at any time.
Links from Flirt1to1
If Flirt1to1 contains links to other websites or resources provided by third parties, those links are provided for convenience only. We do not control those websites or resources and are not responsible for their content, availability, or for any loss or damage that may arise from your use of them. If you access any third-party websites linked to Flirt1to1, you do so at your own risk and subject to the terms and policies of those third parties.
International Access
Flirt1to1 is operated by Axcess Creative Ventures, LLC from the United States. Flirt1to1 may not be available in all jurisdictions, and we do not state that access to Flirt1to1 or any Content is lawful in every jurisdiction. If you access Flirt1to1 from outside the United States, you do so on your own initiative and are responsible for complying with all applicable local laws and regulations.
Warranty Disclaimers
To the extent permitted by law, your use of Flirt1to1, including any Content and any services or items obtained through Flirt1to1 (including Entertainer Interactions), is at your own risk. Flirt1to1 and all Content and services made available through Flirt1to1 are provided "as is" and "as available," without warranties, whether express or implied.
To the extent permitted by law, we and those acting on our behalf are not making any warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not making any warranty that Flirt1to1, any Content, or any services made available through Flirt1to1 (including Entertainer Interactions) will be uninterrupted, available, secure, or error-free, that defects will be corrected, or that Flirt1to1 or its servers are free of viruses or other harmful components. You are responsible for implementing safeguards for your devices and for maintaining backups of any data you store outside Flirt1to1.
We are not making any warranty that any Content or any Entertainer Interaction will be available at any particular time or for any particular duration, or that any Entertainer will respond within any particular timeframe. We may suspend, terminate, restrict, or disable access to any Entertainer account, Content, or features as described in these terms of service and our policies.
These disclaimers do not affect any warranties that cannot be excluded or limited under applicable law.
Limitation of Liability
To the extent permitted by law, we, our affiliates, and our licensors, service providers, employees, agents, officers, and managers are not liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising out of or related to your use of, or inability to use, Flirt1to1, any Content, any Entertainer Interactions, or any services made available through Flirt1to1, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. This includes damages for loss of revenue, loss of profits, loss of business or anticipated savings, loss of goodwill, and loss of data.
To the extent permitted by law, we are not liable for the actions or omissions of any third party, including other Users or external service providers, or for any transactions or disputes between Users that occur outside Flirt1to1, even if related to your use of Flirt1to1.
To the extent permitted by law, the total collective liability of us and our affiliates, and our licensors, service providers, employees, agents, officers, and managers, for any claim arising out of or related to Flirt1to1 will not exceed the greater of $250 and (1) for Members, the total amounts paid by you for Credit Purchases, and (2) for Entertainers, the total fees and other amounts retained by us from Entertainer Interactions involving you, in each case in the three-month period before the event giving rise to the claim, less any refunds, chargebacks, or reversals.
These limitations of liability do not apply to liability resulting from our gross negligence or willful misconduct.
These limitations do not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
To the extent permitted by law, you shall indemnify us, our affiliates, licensors, and service providers, and our and their respective officers, managers, employees, contractors, and agents, from and against any third-party claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
We will have the right to control the defense and settlement of any claim subject to indemnification by you, and you shall reasonably cooperate with us in the defense. You shall not settle any such claim in a manner that imposes any obligation, admission, or liability on us without our prior written consent.
This indemnification obligation does not apply to the extent a claim is caused by our gross negligence or willful misconduct.
Resolving Disputes
Governing Law
Nevada law governs all claims, disputes, or proceedings arising out of these terms of service or your access or use of Flirt1to1.
Equitable Remedies
Each party acknowledges that a breach of these terms of service may cause irreparable harm for which monetary damages may be an inadequate remedy. If a breach occurs or is threatened, either party may seek injunctive relief or other equitable remedies from any court of competent jurisdiction, in addition to any other rights and remedies available under applicable law.
Arbitration and Class Action Waiver
You and we agree to the following mandatory arbitration and class action waiver provisions:
Mandatory Arbitration. You and we shall resolve any claims arising out of or relating to these terms of service or your access or use of Flirt1to1 (a "Dispute") through final and binding arbitration.
Informal dispute resolution. We would like to understand and try to address your concerns before formal legal action. Before either of us files a claim against the other, we both shall try to resolve the Dispute informally. You may do so by sending us written notice to support@flirt1to1.com. We will do so by sending you a Notice to the email address associated with your account. If we cannot resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration Filings, as applicable (available at https://www.namadr.com/resources/rules-fees-forms/). We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these terms of service involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration.
Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in any U.S. jurisdiction. The arbitrator will have exclusive authority to resolve any Dispute, including any dispute about the interpretation, applicability, or enforceability of this Arbitration Agreement. The state or federal courts located in Nevada will have authority to decide (1) the enforceability of the Class and Jury Trial Waivers, and (2) any request for public injunctive relief to the extent such relief is not permitted to be decided by the arbitrator under applicable law. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (1) individual claims brought in small claims court; and (2) injunctive or other equitable relief to stop unauthorized use or abuse of Flirt1to1 or intellectual property infringement or misappropriation. Requests for public injunctive relief are addressed in the Class and Jury Trial Waivers section below.
Class and Jury Trial Waivers. You and we agree that Disputes must be brought on an individual basis only and must not be brought as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and representative actions are prohibited. Only individual relief is available. This does not prevent either party from participating in a class-wide settlement. Notwithstanding the foregoing, to the extent you are entitled under applicable law to seek public injunctive relief, any request for public injunctive relief will be decided by a court of competent jurisdiction (and, where permitted by applicable law, by the state or federal courts sitting in Las Vegas, Nevada) and will be stayed until the arbitration of all arbitrable claims is completed. You and we knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and we agree that NAM will administer them in batches of up to 50 claimants each (each, a "Batch"), to the extent permitted by NAM’s Supplemental Rules for Mass Arbitration Filings. If there are fewer than 50 claimants in total, the demands will comprise a single Batch. Any remaining demands that do not fit within a full Batch will be administered as a final Batch. NAM will administer each Batch in a coordinated proceeding for efficiency, with one arbitrator and one hearing held by videoconference or in a location decided by the arbitrator. The arbitrator will issue an individual award for each claimant. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed as to that claimant or Batch and the remainder of this Arbitration Agreement will remain in effect.
Severability. If any provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed and the remainder will remain in effect. If a court determines that a request for public injunctive relief must be heard in court under applicable law, the parties agree that the public injunctive relief request will proceed in court and all other claims will proceed in arbitration. If a finding of illegality or unenforceability would allow class arbitration, class action, collective action, private attorney general action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
Jurisdiction
Except to the extent prohibited by applicable law, and except as otherwise provided in the Arbitration and Class Action Waiver section (including any provisions addressing public injunctive relief), any action or proceeding that is not subject to arbitration and any action to compel arbitration, enforce the Arbitration Agreement, or confirm, modify, or vacate an arbitration award must be brought exclusively in the state or federal courts sitting in Clark County, Nevada, and you consent to personal jurisdiction in those courts.
Time Limit to File Claims
Except for proceedings arising from a claim for Indemnification, neither party may initiate an action or proceeding to resolve any Dispute arising out of or relating to these terms of service or your access to or use of Flirt1to1 more than one year after the date the Dispute arose. If you are located in a jurisdiction where mandatory laws provide a longer limitation period, those mandatory laws will apply.
Waiver and Severability
No waiver of any provision of these terms of service is effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under these terms of service operates as a waiver of that right or remedy. Any waiver is limited to the specific instance for which it is granted.
If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be eliminated or limited to the minimum extent necessary so that the remaining provisions of these terms of service remain in full effect.
Entire Agreement
These terms of service constitute the entire understanding between the parties regarding these terms of service or your access or use of Flirt1to1. To the extent permitted by law, you acknowledge that you are not relying on any statement or representation by us that is not expressly set out in these terms of service. Nothing in these terms of service excludes or limits liability for fraud or fraudulent misrepresentation to the extent that liability cannot be excluded or limited under applicable law.
Feedback
We encourage you to provide feedback about Flirt1to1. Any feedback you provide is not confidential, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, create derivative works from, publish, distribute, and otherwise exploit that feedback for any purpose, without payment or attribution to you.
Accessibility and Language Access
If you require a translated version of these terms of service or an accessible format due to a disability or other accessibility need, please contact us at support@flirt1to1.com. We will provide those versions where required by applicable law. If there is any inconsistency between a translated version of these terms of service and the English version, the English version will prevail.
Your Comments and Concerns
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California Users and Residents
California residents may send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.