These are the Terms & Conditions of flingcircle.com, a service offered by Briture Highland Media Ltd ('we', 'us' or 'our(s)'). We advise you to carefully read the Terms & Conditions, so you fully understand the rights and obligations you have in relation to your use of the Service.
1. Definitions
1.1 In these Terms & Conditions, the following terms, indicated with a capital, whether single or plural, will have the following meaning:
Account - your personal environment on our Website with which you can access and use the Service;
Agreement - the agreement between you and us pertaining to the use of the Service;
Content - all information, data, material or other content, including but not limited to p*rnographic content, graphic visual depictions of sexual activity and nudity, we made available to Users through the Website;
IP Rights - all intellectual property rights and associated rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow;
Service - the digital Fantasy chat service for adults which contains fictional profiles. The Service can be accessed through the Website via a personal Account;
User - the natural person using the Service), also referred to as 'you' or 'your';
User Content - all information, (personal) data or material or any other content, including but not limited to photos and images, submitted by a User through the Service;
Website - the website flingcircle.com including all underlying web pages.
2. General
2.1 We are entitled to amend or supplement these Terms & Conditions at any time. Such amendments shall take effect immediately. The most up-to-date version of the Terms & Conditions can be found on the Website. Amendments or supplements will be brought to your attention during the use of the Service. If you do not agree to the changes to the Terms & Conditions, your only option is to terminate the Agreement in accordance with Article 10.2.
2.2 We may assign our rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without out first obtaining our advanced written consent.
3. Account
3.1 In order to access and use the Service, you must register for an Account on the Website. To register, you must complete the registration process by providing us with accurate information as stated by the registration form. You also must choose a password and a username. You are not allowed to create an Account in the name of a third party.
3.2 You are personally responsible for keeping your Account information secret. You are obliged to notify us immediately as soon as you realize or suspect that your Account has fallen into the hands of unauthorized parties, without prejudice to your own obligation to take effective measures yourself, e.g., changing your password. We are not liable for any loss arising in any way from or related to the unauthorised use of your Account.
3.3 We may suspend, disable, or delete your Account (or any part thereof) if we determine that you have violated any provision of these Terms & Conditions or that your conduct or User Content would tend to damage our reputation and goodwill. If we delete your Account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
4. The Service
4.1 The Website may contain uncensored sexually explicit material unsuitable for minors. Only adults who are at least 18-years old and who have reached the age of majority where they live may access this Website. If you do not meet these age requirements, you must not access this Website and must cease the use of the Website and/or Service. By using the Service, you guarantee that that:
4.1.1. You are at least 18-years old, have reached the age of majority where you live, and have the legal capacity to enter into an Agreement;
4.1.2 You are not offended by p*rnographic content, including graphic visual depictions of sexual activity and nudity;
4.1.3 You acknowledge that the profiles on the Website are fictitious and they have been created only to exchange messages with users and therefore real-life meetings with these fictitious profiles are therefore not possible; 4.1.4 You access the Service voluntarily and for your own personal enjoyment; 4.1.5 Your use of the Service is not prohibited or restricted by your jurisdiction; 4.1.6 You have complied with and will continue to comply with the laws of the jurisdiction from which you access the Service; 4.1.7 All User Content that you submit when you register for an Account is accurate, and you will promptly update any information and data that you provide that later becomes inaccurate;
4.2 The Service is provided on an “as-is” and “as available” basis. We do not warrant that access to, or use of, the Service shall be uninterrupted and error free. We expressly exclude any and all explicit and tacit guarantees, undertakings and indemnifications, of any kind whatsoever, including but not limited to those with respect to the quality, safety, lawfulness, integrity and correctness of the Service.
4.3 We accept no responsibility whatsoever for any decisions made by you based on the Content in the Service.
4.4 The Website may contain advertisem*nts, promotions, or links to other websites, resources, and purchase opportunities provided by third parties. We provide these advertisem*nts, promotions, and links to you for your information only. If you access these advertisem*nts, promotions, or links, you may be directed to third-party websites. These third-party websites will have their own Terms & Conditions as well as and privacy and security policies, which may differ from ours. Our display of advertisem*nts, promotions, or links to third-party websites does not constitute an endorsem*nt by us of any of the third-party content, information, websites, or resources provided.
4.5 Use of the website for the promotion or facilitation of human trafficking, sex trafficking, or physical abuse in any manner is strictly prohibited and will result in immediate legal action and termination of service.
5. User Content
5.1 You may post User Content when using the Service. However, you must not post User Content that is unlawful and/or wrongful, including User Content that:
5.1.1 Contains expletives or language that could be considered offensive or is likely to harass, upset, intimidate, embarrass, alarm, or annoy any other person;
5.1.2 Is obscene or otherwise may offend human dignity (including bestial*ty, child p*rnography, and incest);
5.1.3 Is abusive, insulting, or threatening, or that promotes or encourages racism, sexism, hatred, bigotry, or physical harm of any kind against any group or individual;
5.1.4 Requests money from, or is intended to otherwise defraud, other Users of the Service;
5.1.5 Encourages any illegal activity, including prostitution, terrorism, inciting racial hatred, or the submission of which in itself amounts to committing a criminal offense;
5.1.6 Is defamatory, libelous, or promotes information that is false or misleading, or otherwise objectionable;
5.1.7 Relates to commercial activities, including sales, competitions, sweepstakes, advertising, pyramid schemes, links to other websites, or premium line telephone numbers;
5.1.8 Involves the transmission of "junk mail," "chain letters," or "spam" (or "spimming," "phishing," "trolling," or similar activities);
5.1.9 Shows another person, which was created or distributed without that person's consent;
5.1.10 Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
5.1.11 Provides material that exploits people in a sexual, violent, or (other) illegal way, or solicits personal information from anyone under 18-years old or the age of majority;
5.1.12 Provides instructional information about illegal activities, including making or buying illegal weapons or drugs; violating someone's privacy; or providing, distributing, or creating computer viruses;
5.1.13 Contains any spyware; adware; malware; ransomware; viruses; corrupt files; worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment; Trojan horse; or any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from the Website or otherwise;
5.1.14 Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships, including inside, proprietary, or confidential information;
5.1.15 Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users can type, or otherwise negatively affects other users' ability to engage in real time exchanges;
5.1.16 Solicits passwords or personally identifying information for commercial or unlawful purposes from other users, or distributes another person's personal information without his or her permission;
5.1.17 Offers money or other consideration in exchange for sex;
5.1.18 Promotes an illegal or unauthorized copy of another person's copyrighted work, including providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio, or video, or links to pirated images, audio, or video; or
5.1.19 Itself, or the posting of which, infringes any third party's rights, including intellectual-property rights and rights of privacy and publicity.
5.2 Each and every use of the Service is at your own risk and responsibility. We have no knowledge of and/or interference with the User Content that is made available by you through use of the Service. You are solely responsible and liable for User Content you provide. You acknowledge and agree that we do not have any influence over the User Content uploaded by means of the Service.
5.3 You acknowledge that any person using the Service may view any User Content you post on the Website. You acknowledge that we are not responsible for, and cannot control, the use by other Users of any information you provide about yourself on or through the Website.
5.4 The Service is for personal use only. You will not use the Service for any commercial endeavours, including (1) advertising or soliciting any other user to buy or sell any products or services that we do not offer, or (2) soliciting others to attend parties or other social or networking functions for commercial purposes.
5.5 We may remove, edit, limit, or block access to any User Content that you upload or submit to the Website at any time without notice. We are not required to display your User Content or check the accuracy of User Content. If we become aware of a breach of this Article 4, we may take appropriate legal action against you, including removing the User Content from the Website and terminating or suspending your Account.
6. Interaction with other Users
6.1 We may at any time restrict the number of messages that you can send to other Users in any time period to a number that we consider appropriate.
6.2 We do not verify the accuracy of statements made by Users. We are not making any warranty about the conduct of Users or those acting on their behalf. We recommend that you take reasonable precautions in all communications/interactions with other Users of the Service.
6.3 You will not use another User's personal information unless your use matches the Service's purpose of allowing people to meet one another. You will not use other Users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Organizations, companies, or businesses will not use the Website or its Services for any purpose.
6.4 We may create test profiles to test the functionality of our Service and Website to improve service quality for our Users.
6.5 You are not allowed to share any personal contact or banking information on your individual profile page through your Account whether about you or any other person, including names, home addresses, zip codes, telephone numbers, email addresses, URLs, and credit/debit card or other banking information. If you choose to reveal any personal information about yourself to other Users, you do so at your own risk.
7. Digital Fantasy chat service
7.1 The Service is a digital Fantasy chat service for adults. The profiles are solely provided for the entertainment of Users. The interaction between the User and other profiles may simulate real life discussion and roll playing in order to fulfil the applicable fantasy. However, the Service is not a dating platform, and it is not possible to meet the fictional profiles in person.
7.2 The Website is solely designed for adult pleasure and to simulate realistic role playing by chatting within a secure digital environment with animators who are not identified separately for the entertainment of the user.
7.3 The Website uses fictitious profiles for testing behavioural/social studies and for digital fantasy chat purposes. The profiles posted on the Website are fictitious and are associated with this digital Fantasy chat service.
7.4 This digital Fantasy chat service is part of our efforts to stimulate conversation with Users to encourage further and broader participation in the Services.
7.5 Messages from our digital Fantasy chat service may be automatically generated with no human involvement, and third-party contractors hired or contracted by us may generate messages or correspondence from then on.
7.6 You acknowledge that the Content contained in the digital Fantasy chat service profiles do not pertain to any actual person but are included for digital entertainment purposes only. Nothing contained in any digital Fantasy chat service profile is intended to describe or resemble any real person-living or dead. Any similarity between digital fantasy user profile descriptions and any person is purely coincidental.
7.7 On one or more occasions, digital fantasy profiles may contact users through computer-generated messages to encourage further or broader participation in the Service. These messages may be transmitted to multiple Users at the same time.
7.8 You acknowledge that no physical meeting will ever take place between you and the individuals providing our digital Fantasy chat service and that the exchange of messages is for digital entertainment purposes, as well as to encourage further or broader participation in the Service. We do not guarantee that you will receive a response to any message you send to a digital fantasy user or any other User.
8. IP Rights
8.1 We and/or our licensors retain all IP Rights related to the Service, the Website and the Content. Nothing in the Agreement constitutes the transfer of any IP Rights from us to you.
8.2 You retain the IP Rights relating to your User Content. You acknowledge and accept that by making the User Content available through the Service, you automatically and free of charge grant us an unlimited, worldwide, irrevocable, cost free, sublicensable and transferable right to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works, display and otherwise use all or part of the User Content, by any and all means, to the extent that this is required in the context of providing the Service and/or our business activities.
8.3 You represent and warrant that you have all rights to grant the license as laid down in Article 8.2, without infringing or violating any third-party rights, including but limited to, any privacy rights, publicity rights, IP Rights or any other proprietary rights. You indemnify us against any loss and costs arising from and/or related to third party claims based on the argument that the User Content made available by you using the Service in any manner infringes any third-party rights (including though not limited to any IP Rights) and/or is otherwise wrongful.
9. Payment & reflection period
9.1 You must purchase digital credits, also called "credits or tokens", to access some of the features and Services available on the Website, like sending messages to other Users.
9.2 Purchased credits lose their validity 3 months after they are purchased. When spending credits, the credits purchased earliest are spent before credits purchased more recently.
9.3 If you initiate a chargeback or otherwise reverse a payment made by you using your chosen payment method which is invalid, we may terminate your Account and block your access to the Service. In addition, we will hold you liable for all extra costs for chargebacks and the chargeback-process if you charge back without a valid reason.
9.4 Credits that are purchased and not used, can be refunded within 14 days. If we give you a refund, we will issue the refund in the form of a credit to the credit card you used for your purchase. We will not issue refunds in the form of cash, check, or free services unless required by law. Download and fill in the following document: Revocation form and sent an email to support@flingcircle.com - We will handle your request within 5 working days.
9.5 All credits and memberships are personal and may not be transferred to other persons or Users.
10. Termination
10.1 The Agreement is entered into as of the date that User has accepted these Terms & Conditions and will remain in full force and effect until terminated in accordance herewith.
10.2 You may at any time, and without notice, terminate the Agreement by deleting your Account. Your Account will then be immediately deleted, and you will receive a confirmation thereof. Deleting your Account is in any case permanent and also includes your User Content.
10.3 Notwithstanding any other rights, we have the right to temporarily or permanently revoke or suspend your access to the Service including if you violate these Terms & Conditions, any applicable laws and regulations or otherwise act unlawfully.
11. Liability
11.1 Our aggregate liability arising out of or related to the Agreement, whether in contract, tort or otherwise, shall be limited to the amount actually paid out by the insurer due to the event giving rise to damages or, if no payment is made by the insurer, to an amount equal to the fees paid by you under the Agreement during the six (6) month period preceding the date on which the event giving rise to damages occurred, with a maximum of € 500,- (five hundred euros).
11.2 In no event shall we have any liability for any indirect loss, consequential loss, loss and/or damage of (User) Content, loss of profit and loss of revenue, loss of business, loss of anticipated savings, or any other similar financial loss or loss of goodwill or reputation, damage as a result of claims from third parties or other incidental, indirect, punitive or exemplary damages of any kind, is excluded.
11.3 The limitations of liability apply collectively to our affiliated companies, their management, directors, employees, representatives and legal successors, who may at all times rely upon the provisions of this article for their own benefit.
11.4 No right to damages shall exist unless you notify us in writing of the damages promptly after it has arisen. Any claim for damages against us shall become extinguished by the mere lapse of twelve (12) months after the claim has come into being.
12. Questions or complaints
12.1 In the event of a question or complaint, Users can send an email to support@flingcircle.com. In the event of a submitted complaint, we will assess the complaint and, in the event the complaint is valid, we may decide to a (partial) refund of purchased credits.
13. Applicable Law and Competent Court
13.1 These Terms & Conditions and the Agreement are construed in accordance with and shall be governed by and interpreted in accordance with the law of United Kingdom.
13.2 Parties agree that all actions and/or proceedings arising under or in connection to these Terms or the Agreement shall exclusively be brought before the competent court in United Kingdom.
13.3 This Article shall not affect the protection which you enjoy under the mandatory law of your country of residence
14. Additional monitoring requirements from VISA & MASTERCARD
14.1 We, the website, reserve the right to monitor every submission of information submitted by you to ensure compliance with our terms and conditions. Both we, the website, and you, the user, share responsibility for all interactions with other users.
14.2 As a user, it is important to understand that you share responsibility for all interactions with other users on our platform. As such, you are also held accountable for the content you post and the communications you engage in.
14.3 We, the website, are obligated and committed to monitoring content and communication to prevent the exchange of any illegal material and to ensure there are no violations of our guidelines or policies. Additionally, we reserve the right to oversee disputes between you and other users.
14.4 This is done to prevent the exchange of any illegal or inappropriate material and to ensure that there are no violations of our guidelines or policies.
14.5 We also reserve the right to conduct screenings like criminal background checks among our members (in order to identify sex offenders, for example).
14.6 We monitor the content and the information you share with your partners. In violation of our rules and regulations, you agree to exempt flingcircle.com for all claims, disputes, and litigation you had to come in because of your own liability. Examples include misuse of copyright, bad manners, racism, and harassment.
14.7 Profile monitoring: We frequently review profiles, postings, messages, or other materials posted or sent by our members in line with GDPR. We monitor the content of members' profiles, public postings, messages, or other materials to ensure their authenticity and compliance with site rules. Any profiles that violate the site rules or are suspicious will be removed. We reserve the right to delete or edit profiles, public postings, messages, and other materials that we deem to violate this agreement's terms or be otherwise unacceptable.
14.8 Chat monitoring: The site will oversee user chat conversations to identify any unlawful activities, spam, or breaches of the rules. Automated systems may be used for monitoring in order to spot any infractions.
14.9 Photo Monitoring: The website will review all submitted photos to ensure they adhere to the site's regulations. Pictures that breach the site's standards or feature prohibited content will be taken down.
