GENERAL TERMS AND CONDITIONS OF
https://flirxx.com
Welcome to Flirxx! Please read our terms and conditions before registering. If you have any questions, please do not hesitate to contact us.
Last update 16.08.2024
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the contractual relationship between Flirxx (hereinafter provider) and you (hereinafter user), in the version valid at the time the contract was concluded.
(2) Deviating terms and conditions of the user will be rejected.
Please read these terms carefully before using any service from Flirxx.
(3) On Flirxx.com we offer you the following services:
(1) dating site
(1.1) Free Account
(1.2) Premium Account
(2) place advertisements
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in English.
(2) The user must be at least 16 years of age, for commercial services 18 years of age.
(3) Access to the use of the Flirxx service requires logging in (registration).
(4) By registering, the user accepts these General Terms and Conditions. With the registration, a contractual relationship is created between Flirxx and the registered user, which is based on the provisions of these terms and conditions.
(5) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely prompts the customer to make an offer.
(6) By ordering a paid service, the registered user enters into another contractual relationship with Flirxx that is separate from the registration. Before concluding this contractual relationship, the user will be informed about the respective chargeable service and the terms of payment. The contractual relationship arises when the user confirms the order and payment obligation by clicking on the "buy" or "subscription" button.
(7) You agree that you will receive invoices electronically. Electronic invoices are made available to you by email or in the customer account on the website. We will inform you for each service whether electronic billing is available. For more information about e-invoices, visit our website.
§ 3 Description of the scope of services
The scope of services of Flirxx consists of the following services:
(1) The user can register free of charge and will receive a standard account. With this account, the user can use the offer of our website in a limited form.
(2) Another option is to create a premium account. With a premium account, the user receives extended rights and options.
(3) It is possible for both, private and commercial advertisers to book advertising space on flirxx.com for a fee.
§ 4 Prices
(1) To use Flirxx, you first need to log in (registration).
(2) In order to be able to purchase the services of the website, the user must register and create a user account and be at least 18 years old.
(3) If the user would like to use a paid service, he will be informed in advance of the liability to pay. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(4) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
§ 5 Terms of Payment
(1) An accruing fee is to be paid to Flirxx in advance, at the time it is due, without deduction.
(2) By registering, providing the information required for the payment process and using the fee-based service, the user authorizes the operator to collect the corresponding amount.
(3) A fee-based service is only automatically extended by the booked period if it is a subscription (subscription), unless this is canceled by email or letter.
(4) The subscription will be withdrawn at the following point in time: for the first time when the subscription is taken out, then monthly or annually.
(5) Certain payment methods can be excluded by the provider in individual cases.
(6) The user is not permitted to pay for the service by sending cash or checks.
(7) If the user chooses an online payment method, the user thereby authorizes the provider to collect the amounts due at the time of the order.
(8) If the provider offers payment in advance and the user chooses this payment method, the user must transfer the invoice amount to the provider's account within five calendar days of receipt of the order.
(9) If the provider offers payment by credit card and the user chooses this payment method, the user expressly authorizes the provider to collect the amounts due.
(10) If the user defaults on payment, the provider reserves the right to claim damages for default.
(11) Processing can be carried out using the following means of payment:
- Paypal
- Credit card
- Payment in advance
§ 6 Registration and Termination
(1) Furthermore, the user declares that they and, to their knowledge, no member of their household has any previous convictions for an intentional crime that endangers the safety of third parties.
(2) A user account is for his/her sole and personal use and a user shall not authorize third parties to use this account. A user may not transfer his/her account to any third party.
(3) Subject to reservation, a user is entitled at any time to unsubscribe in writing by post or email without giving a reason. At the same time, it is possible to completely and personally deactivate it within the data and settings in the user account. The previously concluded contractual relationship is thus terminated. A final deletion of all data (except data that is required by law - see point 9) takes place after 30 days.
(4) If a user has registered for a paid service as part of a subscription (subscription), they can cancel at least 7 days before the booking period. If this deadline is not met, the fee-based service will be extended by this depending on the selected booking time and the termination will only take effect at the end of the subsequent booking period. Termination is possible by e-mail or letter and will be confirmed by us in writing. In order for your cancellation to be assigned, the full name, the stored e-mail address and the address of the customer should be given.
(5) Flirxx also reserves the right to remove profiles and/or any content published on the website by or by the user. If Flirxx terminates the user's registration and/or removes the user's profile or published content, Flirxx is under no obligation to inform the user of the reason for the termination or removal. For services that are subject to a fee, see points 7 and 8.
(6) Following each termination of any individual use of Flirxx's services, Flirxx reserves the right to send information about this to other registered users with whom Flirxx assumes that they were in contact with the user. Flirxx's decision to end the user's registration and/or to notify other users with whom Flirxx assumes that the user was in contact does not imply or state in any way that Flirxx still makes statements about the individual character, general reputation, personal characteristics meets the lifestyle.
(7) Users are obliged not to provide any intentional or fraudulent false information in their profile or other areas of the portal. Such disclosures may result in civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case. If the user has used a paid service, there is no right to a refund of payments made.
(8) If a user's access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the user must pay damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the expenses saved is set at a flat rate of 10% of the fee. Both contracting parties are free to prove that the damage and/or the expenses saved are actually higher or lower.
(9) After termination of the contractual relationship, all of the user's data will be deleted by Flirxx after 30 days in accordance with Articles 17 and 18 GDPR or their processing will be restricted. Unless expressly stated, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
§ 7 Obligations of the user
(1) The user undertakes to provide truthful information when registering and not to create any fake profiles.
(2) The user undertakes to comply with payment requests immediately.
(3) Private data may only be published in one's own profile. Excluded from this are contact details, which may not be published anywhere. This does not apply to premium users, who may transmit their contact details in private messages.
(4) Users who only register to advertise or lure other users to another site will be deleted without exception and, if necessary, displayed.
(5) Anyone who harasses or deliberately disturbs other users will be deleted (possibly warned and in the event of repeated behavior).
(6) Uploading Images
It is not permitted to upload images that fall under the protection of minors. The images must not infringe the rights of third parties, must not show any private parts and must not be racist, glorify violence or be radical right-wing. It is important to ensure that the images do not violate trademarks, copyrights, patents, personal rights or proprietary rights. If we notice a violation, the picture will be deleted without notice. If costs are incurred as a result, Flirxx will claim the costs in the form of damages from the person responsible.
(7)Upload videos
The function for providing videos on Flirxx is only for the publication of private video and sound recordings. The same rules apply as for images. Any publication of commercial videos and pieces of music of any kind is prohibited. The integration of YouTube videos is excluded. Flirxx refers to the respective video hoster. Flirxx reserves the right to take action against the responsible users in the event of misuse of the offer and to discontinue the offering of this function at any time.
(8) Chat, Messenger, Mails, Videochat
It is possible to have a private chat or video chat with another user, or to write private messages. We cannot monitor the content of such chats and messages and only have limited control over them in retrospect. The chat posts must not violate the rights of third parties, must not show any private parts and must not be racist, glorify violence or be radical right-wing. Insults of any kind are prohibited. If there is a violation, the affected user will be deleted without notice.
(9) We hereby expressly prohibit the writing of racist, pornographic, inhuman and immoral contributions. The distribution of pirated copies is also expressly prohibited. If we notice posts of this kind, we will remove or correct them without notifying the author. We reserve the right to temporarily or completely revoke the write permission of individual participants or to delete accounts.
(10) A generally respectful tone should prevail. Obscene messages and content are prohibited and may result in deletion.
(11) It is forbidden to create double accounts or to register new accounts if your own account has been blocked.
(12) Content discussed on this site may not be used for other sites. All content must be treated confidentially.
(13) You may not share your password with anyone else and you may not use a password belonging to someone else, regardless of how you received it.
(14) It is forbidden to use the community and the data accessible here for the purpose of advertising, spam, chain letters and the like.
(15) The user is responsible for keeping his data up to date and backing it up. Flirxx is entitled to delete unused accounts after 12 months.
§ 8 Limitation of Liability (Services)
(1) Flirxx assumes no responsibility or liability for the content and accuracy of the information in the registration and profile data of the user or other content generated by the user.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective users involved. Therefore, Flirxx is not liable for the services of the participating users. Accordingly, all matters regarding the relationship between users, including without exception, the services received by a seeker or payments due to users, should be addressed directly to the respective party. Flirxx cannot be held responsible for this and hereby expressly contradicts all possible liability claims of any kind, including claims, services, direct or indirect damage of any kind, consciously or unconsciously, suspected or unexpected, disclosed or not, of whatever kind in connection with the matters mentioned.
(3) Flirxx assumes no liability for damage caused by the system (the website) or the files offered. Liability on the part of Flirxx for damage and impairments caused by computer viruses is excluded. Claims for damages are excluded. This also applies to claims for compensation for consequential damage such as data loss.
Flirxx is only liable for damages resulting from the use of our service if they are based on an intentional or negligent breach of duty by Flirxx or an intentional or negligent breach of duty by a legal representative or vicarious agent of Flirxx.
(4) Flirxx is only liable for other damages, insofar as they are not based on the breach of cardinal obligations (such obligations, the fulfillment of which make the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty by Flirxx or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Flirxx.
(5) The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they amount to a maximum of 5% of the order value.
(6) There can be no guarantee that our service and files will be accessible. The operator assumes no warranty or liability for any damage, consequential damage or failures that may arise.
(7) The user is responsible for ensuring that the content provided by him is free of third-party rights and does not violate applicable law or copyright.
The provider reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and, if necessary, to delete them in whole or in part.
(8) The content provided by users does not necessarily have to match the view of Flirxx.
(9) There is no right to publication of the content provided.
(10) The website only acts as an intermediary between the user and the Internet. Flirxx does not adopt the content as its own.
(11) Since the content of this website cannot be permanently monitored, it may happen that undesirable content is not noticed immediately.
If you notice such content, please contact support immediately using the contact form, stating where you found it (e.g. profile, video portal) and the legal violation. After an examination, the content may be deleted.
(12) By agreeing to the terms of use/the disclaimer, you expressly agree to indemnify and hold the operator of the website harmless and to pay for any costs arising from legal disputes yourself.
(13) Neither the author of the content nor the visitor can derive any legal claims whatsoever from the publication of content or from the use or non-use of the entire offer.
(14) We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible. However, we try to keep the site as secure as possible and therefore have it checked regularly. In the event of data theft or misuse, no legal claims or claims for damages can be derived.
§ 9 Set-off and right of retention
(1) The user only has the right to offset if the user's counterclaim has been legally established or has not been disputed by the provider.
(2) The user can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§10 Advertisements:
(1) The user can rent advertising space on the portal for a fee.
(2) The advertising must comply with the currently valid laws.
(3) Erotic content and content that glorifies violence is expressly prohibited.
(4) The advertising of prescription drugs is prohibited.
(5) The costs for the respective advertising are shown before the purchase and are to be paid immediately.
(6) If advertising placements violate our terms and conditions, they will be removed, but the user is still obliged to pay for all costs.
(7) There is no right to publication. Paid monies will be refunded if necessary, provided that there is no violation of our terms and conditions.
(8) Both private individuals and traders are entitled to book advertising.
(9) The advertising space can be booked via your own account. This type of advertising is primarily aimed at private individuals and small businesses.
(10) For larger advertising projects, please contact us directly.
§ 11 Cancellation policy
(1) If the user is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period for services is fourteen days from the day the contract was concluded.
To exercise your right of withdrawal, you must write to us:
2709 N Hayden Island Dr
STE 102316
Portland, Oregon, 97217, USA
Contact form: https://flirxx.com/page/contact
E-Mail: dating @ flirxx.org
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the model cancellation form on our website for this purpose or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
(3) Consequences of revocation
If you revoke this contract, we must reimburse you for all payments that we have received from you immediately and at the latest within 14 days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
(4) Exceptions to the Right of Withdrawal
The right of cancellation does not exist or expires with the following contracts:
- for services if Flirxx has provided them in full and you have acknowledged and expressly agreed before placing the order that we can begin providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;
§ 12 Data protection
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.
(3) Third parties are not authorized to use contact data for commercial activities if the provider has given the persons concerned prior written consent.
(4) You have the right to receive complete and free information from Flirxx about the database concerning you at any time.
(5) Furthermore, the user has the right to correction/deletion of data/restriction of processing.
(6) Will my data be resold?
No! We never resell your data. Your data is not a commodity for us!
(7) What happens to my personal data?
Your data will be saved in your profile. If you delete your account, your personal data will also be deleted again.
(8) Further information on data protection can be found in the separate data protection declaration at https://flirxx.com/page/privacy.
§ 13 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies. A banner is available to you for this purpose, which you can object to/accept.
(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. Instructions for preventing and deleting cookies can be found in the help function of your browser or software manufacturer.
§14 Copyright
The content and works on these pages created by the site operators are subject to copyright. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. This applies to the content created by the website operator. Users are solely responsible for their own content. The listed trademarks and brand names are the property of their respective owners. Should you become aware of a copyright infringement/trademark infringement, we would ask you to inform us accordingly.
§ 15 Place of Jurisdiction and Applicable Law
(1) For differences of opinion and disputes arising from this contract, the law applies exclusively, excluding the UN Sales Convention.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
(3) There is a platform of the European Commission for out-of-court online dispute resolution: http://ec.europa.eu/odr
Flirxx is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 16 Final Provisions
(1) The contract language is English, even if there are translations into other languages.
(2) The website can be used from the age of 16, but we do not offer any services for purchase by persons under the age of 18. If you are under 18, you may use Flirxx only with the involvement of a parent or legal guardian.
(3) If you breach these Terms and we do nothing about it, we shall still be entitled to exercise our rights on any other occasion where you breach these Terms of Sale.
(4) We reserve the right to make changes to our website, regulations, conditions including these General Terms and Conditions at any time. In this case, existing users will be informed. If the user does not object within 2 months of notification of the change, the new terms and conditions are deemed to have been accepted. Your order will be subject to the terms and conditions of sale, contract terms and general terms and conditions in force at the time you place your order, unless a change to these terms is required by law or official order (in which case they will also apply to orders that you have previously made). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable,
(5) The complete contractual conditions can be printed out or saved before logging in (registration) or placing an order on the website using the print function of the browser.
(6) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
(7) The use of contact data published as part of the imprint obligation by third parties to send unsolicited advertising and information material is hereby expressly prohibited. The site operators expressly reserve the right to take legal action in the event of unsolicited advertising being sent, such as spam e-mails.
(8)More information
Your trust is important to us. If you have any further questions that cannot be answered by this statement, we are always available.
For all the information you provide in your profile and for photos you put online etc. on flirxx.com as well as on all other social networks, please note that the Internet is a public place to which everyone has access, including employers and work colleagues , parents etc...!