This Terms of Service ('Terms') is a legally binding agreement that governs each user's use of Flirtomatic and any and all Services offered by Handmade Mobile Entertainment LLC (d/b/a Flirtomatic). By using or accessing our Service, you agree to be bound by these Terms.

a) You may only use our Service for non-commercial personal use and your rights are not assignable or transferable. We shall treat your account information with respect for its confidential nature, and in accordance with our Privacy Policy.b) We will notify you of any modifications to these Terms by sending you a message informing you of a change in terms with a link to the Posting of the modified terms on Flirtomatic. You agree that you will, i) periodically check the website for updates to these Terms, and ii) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we Post them to Flirtomatic's website and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.

c) Your use of the Service is conditioned upon your compliance with these Terms. We, in our sole discretion, with or without prior notice, may freeze or terminate your Account Name, password or use of the Service for any reason, including, without limitation, if we believes that you have violated or acted inconsistently with the letter or spirit of the Terms.d) You represent that you are 18 years old or older.

e) Your user account name is designated as your e-mail address, Mobile Device number or any other unique identifier name/number that Flirtomatic accepts (such as a Facebook login ID or a individual ID number assigned by a payment aggregator for wireless carriers) ('Account Name'), depending on whether you initially signed up with us through the Flirtomatic website, your Mobile Device or an authorized application programming interface (API) link. Once your Account Name is set up, it's fixed, but you can change the name you flirt under (your 'Screen Name') any time you like - the same goes for all other details in your profile. You can log into the Service using either your Account Name or your Screen Name, but if you change your Screen Name just remember when you next login.

f) WHEN YOU USE OUR MOBILE DEVICE SERVICE YOU MAY ALSO BE CHARGED BY YOUR WIRELESS CARRIER FOR DATA COSTS AND SMS TEXT MESSAGES, DEPENDING ON WHETHER OR NOT YOUR WIRELESS PLAN INCLUDES THESE COSTS. YOUR AGREEMENT WITH THE WIRELESS CARRIERS DETAILS THE CHARGES THAT APPLY SO PLEASE CHECK WITH YOUR WIRELESS CARRIER TO MAKE SURE. WE ARE NEVER RESPONSIBLE FOR YOUR WIRELESS CARRIER CHARGES, EVEN IF THEY ARISE BECAUSE YOU USE OUR SERVICES.

You agree User Generated Content enters the public domain upon Posting without reservation of any rights or control over its use. You authorize us to use your User Generated Content, in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter discovered or developed, alone or together, in compilations or combinations, as part of other Content, information, and material of any kind or nature and in any other manner of our choosing. By way of example only, we may display on the web or WAP site any portion of your User Generated Content (e.g., profile, photos). You have no right to require and we have no obligation to pay any fees, charges or royalties for our use or exploitation of your User Generated Content. We reserve the right to delete your Posting in any manner we determine at any time. Notwithstanding the foregoing, we do not claim ownership, nor do we assume responsibility in any way, for your User Generated Content.

You agree to use the Service in accordance with the following code of conduct ('Code of Conduct') and that you will not: (a) bully, intimidate, abuse or harass any other user; (b) collect or store personally identifying information about other users for commercial or unlawful purposes; (c) impersonate any person or entity, employ misleading e-mail addresses or Mobile Device numbers or falsify information in any part of any communication; (d) reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual; (e) solicit login information or access an account belonging to someone else; (f) use the Service in any commercial use, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, Service, website, pyramid scheme or other multi-tiered marketing scheme; (g) use automated means, including spiders, robots, crawlers, or the like to download User Generated Content from any Service database; (h) upload, Post or otherwise transmit any material that contains software viruses or other malicious code; (i) circumvent any security measures or any payment collection methods employed on any Service, or access the Service after your account or access has been terminated by us; (j) upload, Post or otherwise transmit any User Generated Content that infringes any Rights of any party; (k) Post or otherwise transmit any material that will violate any law, statute, ordinance, or regulation; (l) Post or otherwise transmit any material or User Generated Content that contains nudity or any other material that may, in our opinion and our opinion alone, be considered 'adult', obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate.

Flirtomatic reserves the right, but is not obligated to monitor any activity or communication within the Service including, without limitation, User Generated Content, to ensure that your use of the Service conforms to the Code of Conduct and the Terms. Flirtomatic may investigate any complaint and suspected or reported violation of the Terms, including the Code of Conduct, and take any action that it deems appropriate. You understand and agree that we may review, edit and/or delete any User Generated Content that in our sole judgement violates this Code of Conduct or the Terms. You further understand and agree to solely take responsibility for any damages arising from your violation of this Code of Conduct or the Terms.

We do not screen users of the Service or take any responsibility for any user or any other person that you might contact through your use of the Service, and your dealings with such users or other persons are at your sole risk. Use your common sense and judgment, just as you do when you meet people at work, in public or in social settings. Recognize the possibility that other user's information may be inaccurate or deceptive. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any meetings or other dealings you may have with any user or any other person that you might contact through your use of the Service.

Users must respect our Rights and the Rights of others. If you believe your or anyone's Rights are being violated or infringed upon or someone is not complying with our Terms is violating the law, notify us. We reserve the right to terminate, deactivate and disable anyone's access to our Service at any time, including anyone found infringing the Rights of others. It is our policy to remove User Generated Content that violates anyone's Rights once we know about it and you can let us know by sending a message to help@flirtomatic.com. For notices reporting alleged copyright infringement in the United States only, please go to the section 'Notice and Procedure for Making Claims of Copyright Infringement' below and follow the instructions. Subject to legal and regulatory requirements that apply, we reserve the right to take or refrain from taking any action available to us.

We retain all proprietary rights and other Rights in Flirtomatic and our Service. Flirtomatic contains Rights including, without limitation, copyrighted materials, trademarks and other proprietary information of Flirtomatic and its partners. You may not copy, modify, publish, transmit, distribute, perform, display or sell any such Rights or proprietary information.

To use our Service on your Mobile Device, you must have a contract with a licensed wireless carrier or access to a wireless network through which we make our Service available. In the event you change or deactivate your Mobile Device number, you will update your account information on Flirtomatic within 48 hours to ensure that our messages are not sent to the person who acquires your old number.

Flirtomatic does not charge for SMS as a Standard Service although certain aspects of our Premium Service include SMS alerts which are paid in Credits and are subject to charges as described in paragraph 9 below. Regardless of whether a user receives SMS as a Standard Service or Premium Service from Flirtomatic, other charges may apply from your wireless carrier. Please check your plan or with your wireless carrier to make sure. From time to time we may send you SMS texts and e-mails to communicate information or other news to you. Text messages are charged at standard message rates. To unsubscribe on e-mail, follow the 'unsubscribe' links. To unsubscribe from text messages, send any of the following: STOP, QUIT, CANCEL, END, UNSUBSCRIBE, and STOP ALL to 61016.

While the Standard Service on Flirtomatic is free for use on both web and Mobile Devices, additional data charges may apply for mobile users through their wireless carriers. If you would like to buy any Premium Service on Flirtomatic, you do this with 'Credits'. Credits are the Flirtomatic currency you use to buy any Premium Service. You will be advised of the charge for the Credits before making payment and being billed. All payments must be made by you through a charge to your wireless carrier bill, PayPal account, credit or debit card. We do not accept cash, checks or any other payment form. You agree to pay all fees and charges incurred in connection with your Service (including any applicable taxes) at the rates in effect when the charges were incurred. If we do not receive payment from your wireless carrier, PayPal, credit or debit card issuer or its agent, you agree to pay all amounts due upon demand by us. All charges and payments will appear as 'Handmade Mobile Entertainment LLC' on your statement. You won't be able to cancel your order for Credits once we start to action your request. You agree that sale of Credits is final. No refunds will be given, except at our sole and absolute discretion. All Credits are forfeited if your account is terminated or suspended for any reason, in Flirtomatic's sole and absolute discretion. BETWEEN YOU AND FLIRTOMATIC, YOU, AND NOT FLIRTOMATIC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR MOBILE DEVICE, PAYPAL, CREDIT OR DEBIT CARD BY A THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.

From time to time we may offer members rewards or competition prizes. We reserve the right to amend, withdraw or refuse entry to any competition or reward scheme at our full discretion. The award of a prize or other reward is also at our discretion. Reward or prizes cannot be exchanged and have no cash value. Full terms and conditions for the competition or reward can be found on the profile page associated with the scheme.

When we display of advertisements, marketing and promotional materials, URLs, hypertext links on our Service we aren't endorsing them, nor do we have any obligation, responsibility or liability resulting from them. We do not have any responsibility for others, even if we have a marketing, advertising or other arrangement with them.

WE TRY TO KEEP FLIRTOMATIC BUG FREE AND SAFE, BUT YOU EXPRESSLY AGREE THAT USE OF SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDMADE MOBILE ENTERTAINMENT LLC NOR ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, 'HANDMADE MOBILE PARTIES') WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE NOR ARE THE HANDMADE MOBILE PARTIES RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES.

TO THE FULLEST EXTENT PERMITTED BY LAW, HANDMADE MOBILE PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AS A RESULT OF OR ARISING FROM OUR SERVICES OR YOUR USE OF IT, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US$100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES. IN SUCH CASES, HANDMADE MOBILE PARTIES' LIABLITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

You agree to defend us and the Handmade Mobile Parties against any and all demands, claims and actions resulting from a breach or violation of your agreement with us, actual or alleged violation of any law or regulation, infringement, misappropriation or violation of the rights of any other party ('Claims'). You agree to indemnify and hold us harmless from and against all losses, damages, costs (including reasonable attorneys' fees) and expenses associated with all Claims. We reserve the right to assume the exclusive defense and control of any Claims and negotiations for settlement or compromise and you agree to fully cooperate with us in doing so. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

Your agreement with us does not apply to Service, transactions, activities or transactions and relationships you have with anyone else, nor does it cover your rights or responsibilities regarding third party Content or links that direct your browser to third parties, even if they appear on or are linked with our Website. We simply aren't responsible for them. If any term or condition of your agreement with us is considered illegal, invalid or unenforceable, this will not affect the rest of your agreement with us and even if we delay or fail to take action to enforce our rights, it doesn't mean we are waiving any rights we have. If you have any claim or cause of action against us, regardless of the reason or type of claim, you may not file or start it more than 1 year after the date it first arose.

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Service in a way that may constitute copyright infringement, you may provide notice of your claim to Flirtomatic's Designated Agent listed below. For your notice to be effective, it must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed upon; (c) a description of where the material that you claim is infringing is located on Flirtomatic; (d) information reasonably sufficient to permit the Service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive Right that is allegedly infringed. Flirtomatic's Designated Agent is: Handmade Mobile Entertainment LLC, 612 Howard Street, #100, San Francisco, CA 94105, Attn: Intellectual Property Agent.

Under California Civil Code 1789.3 California users are entitled to the following consumer rights notice: If you have a question or complaint regarding this Service, please send an e-mail to help@flirtomatic.com. You may also contact us by writing to Handmade Mobile Entertainment LLC, 612 Howard Street, #100, San Francisco, CA 94105, Attn: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of the California Department of Consumer Affairs by mails at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

a) 'Content' means any and all content such as audio, video, audio-visual, text, graphics, artwork, illustrations, photographs, images, animations, data, designs, messages, chats, profile information, correspondence, comments, ideas and opinions.b) 'Mobile Device' means and refers to mobile or cell phones, wireless or other devices, even if they do other things besides send and receive voice, text, data, Content or other types of communication and 'wireless carrier' refers to the services provider with whom you have an agreement to provide you with Mobile Device services.c) 'Post' means and refers to the information and anything else you make available, submit, provide, exchange, transmit, communicate or share using our Service (e.g., Content, flirtlinks, backstage passes, banner ads).

d) 'Premium Service' means any and all services on Flirtomatic which are paid for using Credits, such as 'Whos rated me', 'Delete my freak' and advertise yourself on 'Look at me' and virtual gifts. e) 'Rights' means our patent, trademark, trade dress, trade name, service mark, trade secret, copyright or other proprietary rights, whether or not legally protectable, including the selection, sequence, look and feel and arrangement of any components or aspects of the Service.f) 'Service' means any and all services, goods, materials, features and functions offered by us through Flirtomatic.g) 'Standard Service' means any and all services on Flirtomatic which are without charge such as creating a profile, adding User Generated Content, performing basic searches and chatting with other users.

h) 'us', 'we' and 'our' or 'Flirtomatic' means and refers to Handmade Mobile Entertainment LLC (d/b/a Flirtomatic). i) 'user' means and refers to individuals who enroll by providing us information about themselves in order to obtain access to the Service.j) 'User Generated Content' refers to Content you Post (or that is Posted using your Account Name or Screen Name). We don't claim ownership of (nor undertake responsibility for) User Generated Content. k) 'Flirtomatic' means our website at www.flirtomatic.com and any other Flirtomatic branded or co-branded websites (including sub-domains, international versions, widgets and Mobile Device WAP versions).

Flirtomatic is an online and mobile social networking site which consists of, among other things, displaying personal information between users to enhance the networking experience.Your privacy is important to Flirtomatic and, as described in this Privacy Policy, we have designed the Service to protect information about you from unauthorized disclosure to others. This Privacy Policy explains how we collect, use and, in certain circumstances, share your personally identifying information. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us. By using the Service, you are also agreeing to all of the provisions of this Privacy Policy, including the collection and use of your personal information as outlined herein, as such policy may be amended from time to time. We may update the Privacy Policy and if we do, we will post a notice that changes have been made on the website www.flirtomatic.com. You should visit this page periodically to review any changes to the Privacy Policy. This policy went into effect on 1 January 2010.

When you open a user account, the following data will be collected: your Account Name, Screen Name, sex, sexual orientation, date of birth and zip code ('Personal Identifiable Data'). We also collect other optional profile data including, but not limited to, display images and personalization information.When you invite new users into your network or send messages through the Service, we collect and maintain the information associated with those messages, including e-mail addresses and content.From time to time, Flirtomatic or a partner may sponsor a promotion, sweepstake or contest on Flirtomatic. Users may be asked to provide personal information including name, e-mail address or Mobile Device phone number or to answer questions in order to participate. We may transfer personal information to certain partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

In order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Service, including information about users accessing the Flirtomatic site such as internet protocol addresses, browser type, browser language, referring/exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time ('Activity Information').Flirtomatic may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by Flirtomatic.By using the Service, you consent to our retaining all the above-described information for as long as Flirtomatic sees fit.

We do not sell, rent or otherwise distribute your Personally Identifiable Information to any third party, except as set forth in this Privacy Policy. We may, however, use certain information about you that is not personal.Flirtomatic uses your Account Name to deliver the Service to you. If you access Flirtomatic Premium Services, we use your other personal information to deliver to you and bill you for Credits, and communicate with you concerning your account and customer service issues. This may include: verifying authorization of wireless carrier, PayPal, debit or credit card usage before any purchase of Premium Services; asking you to participate in surveys about Premium Services; offering you Premium Services upgrades; and, providing you with Premium Services instructions, and a more personalized experience based on personal information, such as zip code and any other information you provide.We use public information collected in User Generated Content to determine the kinds of Service that you would like to view or receive and to assist any advertisers in targeting their advertising. This may include the content of flirtograms and profile pages.

We also use your Screen Name, User Name and other information on Flirtomatic to notify you of new Service releases, service notifications, and to solicit your feedback and input. Those e-mails will contain an 'unsubscribe' link should you ever decide you do not want to receive further e-mails. SMS messages will contain STOP information should you decide to unsubscribe from SMS notifications. You understand and agree that we may access, preserve, and disclose any information we may have about you and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to avoid liability, to comply with legal process, such as a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of our affiliates or the public. Flirtomatic is not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that Flirtomatic receives.Flirtomatic may maintain copies of your User Generated Content indefinitely, or delete certain User Generated Content, in whole or in part, if Flirtomatic determines, in its sole discretion, that such and User Generated Content constitutes an infringing or prohibited Posting, as defined in our Terms, or for any or no reason.We also use non-Personally Identifiable Information and certain technical information about your computer, Mobile Device and your access of the Service (including your internet protocol address) in order to operate, maintain and manage the Service.

The Service sends 'cookies' to your computer and/or Mobile Device when you access the Flirtomatic site and the Service uses such cookies as described in here. The Service uses cookies to improve the quality of our service, make recommendations, and make the Service easier to use for our users. A cookie is a small text file recorded on your computer hard drive or Mobile Device that identifies you as a unique user and contains certain information about your particular login session and/or your use of the Service.

Flirtomatic does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register and no part of www.flirtomatic.com is directed to persons under 18. If you are under 18, please do not attempt to use Flirtomatic at any time or register for Flirtomatic or send any information about yourself to us, including your Personally Identifiable Data. No one under age 18 may provide any Personally Identifiable Data to or on Flirtomatic. In the event that we learn that we have collected any personal information from a person under age 18 we will delete that information as quickly as possible. If you believe that we might have any information from or about a person under the age of 18, please contact us at help@flirtomatic.com .

Be advised that information which makes up your Flirtomatic 'public profile', the Screen Name you choose to associate with your account, optional images you may choose to use to represent you and User Generated Content are public information that may be collected, shared and used by others.You can terminate your account at any time which will remove your profile and other personal information from view. Flirtomatic, however, may (but is not obligated to) keep information about you that is on its system following your termination.

We reserve the right to transfer your personal information in the event of a transfer of ownership of Flirtomatic or the acquisition of substantially all the assets of Flirtomatic related to the business which collected such information, such as acquisition by or merger with another company. In such an event, Flirtomatic will notify users who have provided e-mail addresses when information about those users is transferred and becomes subject to a different privacy policy.

You may decide to provide us with another person's e-mail address or Mobile Device number so that person may be invited to join Flirtomatic or so that we may facilitate your communication with other people through the Service (such as when you upload an address book or send out flirtlinks to friends). We may use this information to contact and remind that person that he or she has been invited to join Flirtomatic. All invitees are provided with the option not to receive further invitations from Flirtomatic. We may disclose such information if required to do so in order to comply with legal process, as described above.

We use third-party advertising companies to serve ads on our site. Our system and the third-party advertising technology uses information derived from Content entered into profiles, Personal Identifiable Data, Activity Information, Flirtomatic's cookies on your hard drive and/or Mobile Device server and your visits to our site, to target advertising within our site. In addition, our advertisers may use other third-party advertising technology to target advertising on our site and other sites. In the course of advertisements being served to you, a unique third-party cookie or cookies may be placed on your computer and/or Mobile Device. Similarly, third-party advertising companies may provide us with pixel tags (also called 'clear gifs' or 'beacons') to help manage and optimize our online advertising.

Beacons enable us to recognize a browsers cookie when a browser visits the site on which the beacon is located, and to learn which banner ads bring users to a given site.Flirtomatic does not provide any Personally Identifiable Information to third-party advertising companies. Note, however, that if an advertiser asks Flirtomatic to show an advertisement to users with certain characteristics (for example, men ages 18-24) or a segment of that group (for example, men ages 18-24 who have viewed certain categories of content) and you respond to that advertisement, the third-party advertising company may conclude that you have the characteristics of the audience they are trying to reach.

Flirtomatic takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or your password), we encrypt that information using secure socket layer technology (SSL). Because e-mail and instant messaging are not recognized as secure communications, we request that you not send private information to us by e-mail or instant messaging services. If you have any questions about the security of Flirtomatic Web Site, please contact us at help@flirtomatic.com.

Again, feel free to contact us by sending an e-mail to help@flirtomatic.com, any time, if you have further questions about Flirtomatic or this Privacy Policy.