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

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. You agree that you will, i) periodically check Flirtomatic for updates to these Terms, and ii) you will read any messages that we may send you to the account we have on file for 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 www.flirtomatic.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes. The meaning of the word 'Terms” shall include any and all such updates.

Your use of the Service is conditioned upon your compliance with and agreement to 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 believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You must be, and you represent that you are, 18 years old or older.

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 mobile network operators) ('Account Name”), depending on whether you initially signed up with us through the Flirtomatic website, your Mobile Device or an authorised application programming interface (API) link. Once your Account Name is set up, its 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.

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

You agree that User Generated Content enters the public domain upon Posting without reservation of any rights or control over its use. You authorise 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 (as defined) 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 or any transfer of data that you may make in connection with this, whether inside or outside the European Economic Area. In this regard, you provide your consent if and to the extent it might be required to us and agree that we are not responsible for any such transfers or Postings.

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 or other party in connection with it; (b) collect or store personally identifying information about other users or other person or entity 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 persons address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual or do the same with regard to any entity; (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 or disabling 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 laws, directives, regulations or the like; (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 judgment violates this Code of Conduct or the Terms. You further understand and agree to solely take responsibility for any damages arising from your direct or indirect 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 or any other settings. Recognise 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. 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 otherwise Use (each of the foregoing being 'Use'), sell, license, or otherwise transfer any such Rights or proprietary information.

To use any of our Mobile Device Service, you must have a contract with a licensed mobile network operator or access to a mobile 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 mobile network operator. Please check your plan or with your mobile network operator 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, change your settings in ‘Preferences' under ‘My Stuff' (Flirtomatic Mobile) or ‘My Account' (Flirtomatic Web).' You may also contact customer care by e-mail or send STOP to 84500.

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 mobile network operators. 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 mobile network operator bill (in some cases, your mobile network operator will pass us your mobile number in order to do this payment), PayPal account, credit or debit card. We do not accept cash, cheques 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 mobile network operator, 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 Ltd' on your statement. You wont 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 AUTHORISED 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. Rewards 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 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 LTD 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 AND EXCEPT FOR ANY CLAIMS OF DEATH OR PERSONAL INJURY CAUSED BY ANY NEGLIGENCE BY HANDMADE MOBILE, 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. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES. IN SUCH CASES, HANDMADE MOBILE PARTIES' LIABILITY 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 lawyer's 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 and our Service is governed by the laws of England and Wales and is subject to the jurisdiction of English courts, as well as any claim that might arise between you and us. Notwithstanding the foregoing, we shall be entitled to enforce this agreement in any court of the world and you agree to the extent permissible under any locally applicable law or laws, to refrain from objecting to this. You agree that for purposes of the Contracts (Rights of Third Parties) Act 1999 that no third parties shall be entitled to enforce this agreement and no third party shall have any rights or obligations hereunder.

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 are not 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 does not 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.

If you believe that your copyrighted work has been copied or is otherwise being Used without your authorisation and is available on or in this Service in a way that may constitute copyright infringement, you may provide notice of your claim to Flirtomatics 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 authorised 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 www.flirtomatic.com; (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 authorised 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 authorised to act on behalf of the owner of an exclusive Right that is allegedly infringed. Flirtomatics Designated Agent in the United Kingdom is: Handmade Mobile Entertainment, Attn: Intellectual Property Agent, Coppergate House, 16 Brune Street, London E1 7NJ, United Kingdom. (help@flirtomatic.com).

'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.

'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 'mobile network operator' refers to the service provider with whom you have an agreement to provide you with Mobile Device services.

'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, public profile links, backstage passes, banner ads).

'Premium Service' means any and all services on www.flirtomatic.com which are paid for using Credits, such as Whos rated me, Delete my freak and advertise yourself on ‘Look at me' and virtual gifts.

'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.

'Service' or 'Services' means any and all services, goods, materials, features and functions offered by us through Flirtomatic.

'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.

'us,' 'we' and 'our' or 'Flirtomatic' means and refers to Handmade Mobile Entertainment Ltd (d/b/a Flirtomatic).

'user' means and refers to individuals who enroll by providing us information about themselves in order to obtain access to the Service.

'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.

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).

Customer Support may be visited at any time at: help@flirtomatic.com