Last modified: 2024-06-17
These terms of service are entered into between you and Red Factor Media d/b/a DTFlirt ("DTFlirt," "we," or "us"). The following terms and any documents they reference govern your access to and use of DTFlirt.com, including any content, functionality, and services offered on or through DTFlirt.com (the "Website"), whether as a guest or a registered user.
Please read the terms of service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the terms of service when this option is made available to you, you accept and agree to be bound and abide by these terms of service. If you do not want to agree to these terms of service, you must not access or use the Website.
These terms of service contain provisions that govern how claims you and we have against each other are resolved (see "Warranty Disclaimers," "Limitation of Liability," and "Dispute Resolution" provisions below). It also contains an arbitration agreement ("Arbitration Agreement"). Except for certain types of disputes described in the Arbitration Agreement, you and DTFlirt agree that any disputes arising out of these terms of service or the Website will be resolved through binding arbitration. By accepting these terms of service, you and DTFlirt are each waiving the right to a trial by jury or representative proceeding or to participate in any class action lawsuit or class-wide arbitration.
This Website is offered and available to users who are at least 18 years of age or older, who have reached the age of majority where they live, who live in jurisdictions that do not prohibit websites with adult-oriented material, and who do not otherwise find adult-oriented material offensive. By using this Website, you state that you are of legal age to form a binding contract with DTFlirt and meet all the preceding eligibility requirements. By accessing this Website, you state that you are of legal age in your jurisdiction to view adult content. You acknowledge that the Website contains material of a sexually explicit nature and you are accessing it willingly and at your own risk. If you do not meet all these requirements, you must not access or use the Website.
We may revise and update these terms of service on one or more occasions. All changes are effective immediately when we post them and apply to all access to and use of the Website afterward, except that any changes to Dispute Resolution will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website after the posting of revised terms of service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
DTFlirt provides an interactive and entertaining virtual girlfriend experience. The profiles you interact with on this Website are entirely fictitious and created by our team to deliver a simulated romantic and conversational engagement. These profiles are not representative of any individuals and are purely for entertainment purposes.
Users can engage with these fictitious profiles in a controlled, one-on-one environment. Interaction between users is not permitted on this Website to maintain the focus on the personalized virtual girlfriend experience we provide.
By using the Website, you acknowledge that all content and interactions on this Website are fictional and intended solely for entertainment.
We may withdraw or amend this Website and any service or material we provide on the Website without notice. We will not be liable if for any reason any part of the Website is unavailable. On one or more occasions, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
To access the Website or some of the resources it offers, you might be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate. All information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you, and you must not provide any other person with access to this Website or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also must ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of service.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by DTFlirt, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These terms of service allow you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the terms of service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you, and DTFlirt reserves all rights not granted. Any use of the Website not permitted by these terms of service is a breach of these terms of service and might violate copyright, trademark, and other laws.
The DTFlirt name, the DTFlirt logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DTFlirt or its affiliates or licensors. You must not use those marks without DTFlirt's prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these terms of service. You must not use the Website:
Additionally, you must not:
The Website contains personal web pages or profiles and other interactive features (collectively, the "Interactive Services") that allow users to post, submit, publish, display, or transmit ("post") content or materials (collectively, "User Contributions") on or through the Website. User Contributions are not viewable by any other users of the Website.
All User Contributions must comply with the Content Standards set out in these terms of service.
Any User Contribution you post to the Website will be considered nonconfidential and nonproprietary. By providing any User Contribution on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to nonparties any User Contribution for purposes of operating or promoting the Website.
You state that the following facts are accurate:
You are responsible for any User Contributions you submit or contribute, and you, not DTFlirt, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any nonparty for the content or accuracy of any User Contributions you post.
We may:
Without limiting the preceding, we may cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You hereby waive and shall indemnify DTFlirt and its affiliates, licensees, and service providers against any claims resulting from any action taken by any of the preceding parties during, or taken because of, investigations by either those parties or law enforcement authorities.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or nonparty. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described above.
These content standards apply to any User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all federal, state, local, and international laws and regulations. Without limiting the preceding, User Contributions must not:
All content on the Website is entirely fictional and created for the sole purpose of providing a virtual girlfriend experience. The profiles, characters, and interactions you encounter on this platform are imaginative constructs designed to simulate a romantic and conversational engagement. They are not representative of any real persons, living or deceased, and any resemblance to actual individuals is purely coincidental.
The virtual girlfriend experience offered by DTFlirt is intended for entertainment purposes only. The interactions and relationships developed on this platform do not extend beyond the virtual environment and should not be interpreted as real-life relationships or engagements. Users should understand that the experiences provided are simulations and not real-life interactions.
Users are strictly prohibited from attempting to meet, contact, or engage with any of the fictitious profiles outside of the Website. Any effort to do so is a violation of these terms of service and will result in immediate termination of your account.
By using the Website, you acknowledge and accept that all content is fictional and agree to use the service in accordance with this understanding.
We may update the content on this Website on one or more occasions, but its content is not necessarily complete or up to date. Any of the material on the Website might be out of date at any given time, and we are not required to update that material.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.
If you purchase any services, you will provide complete and accurate billing information, including a valid payment method to our third-party payment processor. For paid subscriptions, our third-party payment processor will automatically charge your payment method on each agreed-on periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our services until payment is received.
You can pay for some services in advance by purchasing tokens. The prices for tokens will be clearly displayed at the point of purchase. Tokens can be used to access various features and services on the Website, including interactions with fictitious profiles, virtual gifts, and other premium content. The specific number of tokens required for each feature or service will be clearly indicated. Tokens do not expire and will remain in your account until they are used.
You can cancel your paid subscription at any time.
We may change our prices on one or more occasions. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
You may link to our website homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely regarding the content they are displayed with, and otherwise in accordance with any additional terms we provide regarding those features. Subject to the preceding, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply with the Content Standards set out in these terms of service.
You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.
We may disable all or any social media features and any links without notice.
If the Website contains links to other sites and resources provided by nonparties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Website, you do so entirely at your own risk and subject to the terms for those websites.
The Website's owner is based in the United States. We provide this Website for use only by persons located in jurisdictions that do not prohibit adult websites. We make no claims that the Website or any of its content is accessible or appropriate outside the United States. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. To the extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided "as is" and "as available," without any warranties, either express or implied. Neither DTFlirt nor any person associated with DTFlirt is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the preceding, neither DTFlirt nor anyone associated with DTFlirt states that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
To the extent provided by law, DTFlirt is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose.
The above disclaimers do not affect any warranties that cannot be excluded or limited under law.
To the extent provided by law, in no event will DTFlirt, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites or any services or items obtained through the Website or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
To the extent provided by law, in no event will the collective liability of DTFlirt and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $200 and the amount we have earned through your use of the Website.
The above limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct.
The above limitation of liability does not affect any liability that cannot be excluded or limited under law.
You shall indemnify DTFlirt, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms of service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these terms of service, or your use of any information obtained from the Website.
Wyoming law governs all adversarial proceedings arising out of this agreement or the Website.
Each party acknowledges that (1) breach by either party of that party's obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.
You and DTFlirt are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.
As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the Website (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation (NAM) in accordance with its Comprehensive Dispute Resolution Rules and Procedures, which are available at https://www.namadr.com/resources/rules-fees-forms/. Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction.
The parties intend to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person's claims and must not otherwise preside over any form of a representative or class proceeding.
The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitration, except that the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator.
Any arbitration begun in accordance with this arbitration provision must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. If virtual arbitration is not possible due to technical issues, because the arbitrator is unwilling or unable to attend the arbitration virtually, or for one or more other compelling reasons, the arbitration must be conducted in Wyoming.
The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining portions of the arbitration agreement will remain in force.
If either party brings a proceeding seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the District of Wyoming or, only if there is no federal subject matter jurisdiction, in a state court of Wyoming.
Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.
In an adversarial proceeding between the parties arising out of this agreement or the Website, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or the Website more than one year after the date that dispute arose.
No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.
If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of the terms of service will continue in full effect.
These terms of service constitute the entire understanding between the parties regarding the Website. You acknowledge that because you have not relied on, and will not be relying on, any statements made by DTFlirt regarding the Website, you will have no basis for bringing any claim for fraud in connection with any such statements.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
This Website is operated by Red Factor Media, 30 N Gould St Ste R, Sheridan WY 82801.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].