The following terms and conditions govern all use of the
AsiaFlirts.com website and all content, services, and products
available through the website, including, but not limited to, the client
area (collectively referred to as the Site).
The Site is owned and operated by John Clark (collectively
referred to as the Operator). The Site is offered subject to your
acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies including,
without limitation, the Operator’s privacy policy and procedures that
may be published from time to time on this Site by the Operator
(collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the
Site. By accessing or using any part of the website, you agree to become
bound by the terms and conditions of this agreement. If you do not
agree to all the terms and conditions of this agreement, then you may
not access the Site or use any services. The Site is available only to
individuals who are at least 13 years old.
Client area account
You are responsible for maintaining the security of your client area
account, and you are fully responsible for all activities that occur
under the account and any other actions taken in connection with the
account. You must immediately notify the Operator of any unauthorized
uses of your account or any other breaches of security. The Operator
will not be liable for any acts or omissions by You, including any
damages of any kind incurred as a result of such acts or omissions.
Contribution to the website
If you leave comments anywhere on the Site, post material to the
Site, post links on the Site, or otherwise make (or allow any third
party to make) material available by means of the Site (any such
material, “Content”), You are entirely responsible for the content of,
and any harm resulting from, that Content. That is the case regardless
of whether the Content in question constitutes text, graphics, audio, or
computer software. By making Content available, you represent and
warrant that:
Downloading, copying, and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, or trade secret rights, of any third party
You have fully complied with any third-party licenses relating to
the Content, and have done all things necessary to successfully pass
through to end users any required terms
The Content does not contain or install any viruses, worms, malware,
trojan horses, or other harmful or destructive content
The Content is not spam, is not a machine or randomly-generated, and
does not contain unethical or unwanted commercial content designed to
drive traffic to third-party sites or boost the search engine rankings
of third-party sites, or to further unlawful acts (such as phishing) or
mislead recipients as to the source of the material (such as spoofing)
The Content is not obscene, libelous, or defamatory, does not
contain threats or incite violence towards individuals or entities, and
does not violate the privacy or publicity rights of any third party
By submitting Content to the Operator for inclusion on our Site, you
grant the Operator a worldwide, royalty-free, and non-exclusive license
to reproduce, modify, adapt and publish the Content for the purpose of
displaying, distributing, promoting, marketing, or any other lawful use.
Without limiting any of those representations or warranties, the
Operator has the right (though not the obligation) to, in the Operator’s
sole discretion (i) refuse or remove any content that, in the
Operator’s reasonable opinion, violates any policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of
the Site to any individual or entity for any reason, in the Operator’s
sole discretion.
What information do we collect?
We may collect personally identifiable information from you in a
variety of ways, including through online forms for ordering products
and services, and other instances where you are invited to volunteer
such information, including, but not limited to, when you register on
our site, place an order or subscribe to our newsletter. When ordering
or registering on our site, as appropriate, you may be asked to enter
your: name, e-mail address, mailing address, phone number, or credit
card information.
What do we use your information for?
Any of the information we collect from you may be used to personalize
your experience, improve our website, improve customer service, process
transactions, send periodic emails. The email address you provide for
order processing will only be used to send you information and updates
pertaining to your order. If you decide to opt-in to our mailing list,
you will receive emails that may include company news, updates, related
product or service information, etc. If at any time you would like to
unsubscribe from receiving future emails, we include detailed
unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of
your personal information when you place an order or access your
personal information.
We offer the use of a secure server. All supplied sensitive/credit
information is transmitted via Secure Socket Layer (SSL) technology and
then encrypted into our payment gateway providers database only to be
accessible by those authorized with special access rights to such
systems, and are required to keep the information confidential. After a
transaction, your private information (credit cards, social security
numbers, financials, etc.) will not be stored on our servers.
Payments and refunds
The Site offers products and services for sale. The Site does not
handle payments for these products directly but rather refers these
payments to a secure third-party payment processor which handles all
aspects of the payment process. Any payment processing issues should be
resolved directly with the payment processor. All other payment-related
questions, disputes, or issues must be resolved directly with the
Operator. Once we have been notified by the payment processor that a
payment has been made, and that the payment has successfully passed a
fraud review, access will be granted to the product or service being
purchased as soon as possible, however, we make no guarantees of
timeliness or immediacy. Free accounts are provided with limited access
to the Site that allows the user to test all available services prior to
making a payment and determine if the offered services meet your needs.
You may also request a full refund within 7 (seven) days of the payment
provided that this was your first purchase with us. Note that the
Operator will have no obligation to provide a refund of any amounts
previously paid if you violate any part of this Agreement.
Responsibility of website visitors
By operating the Site, the Operator does not represent or imply that
it endorses any or all of the contributed content, or that it believes
such material to be accurate, useful, or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and
your computer systems from viruses, worms, trojan horses, and other
harmful or destructive content. The Site may contain content that is
offensive, indecent, or otherwise objectionable, as well as content
containing technical inaccuracies, typographical mistakes, and other
errors. The Operator disclaims any responsibility for any harm resulting
from the use by visitors of the Site.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your
personally identifiable information, except to provide products or
services you’ve requested. This does not include trusted third parties
who assist us in operating our website, conducting our business, or
servicing you, so long as those parties agree to keep this information
confidential. We may also release your information when we believe
release is appropriate to comply with the law, enforce our site
policies, or protect our or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided
to other parties for marketing, advertising, or other uses.
Copyright infringement and DMCA policy
As the Operator asks others to respect its intellectual property
rights, it respects the intellectual property rights of others. If you
believe that material located on or linked to by the Site violates your
copyright, you are encouraged to notify the Operator in accordance with
common DMCA policies. The Operator will respond to all such notices,
including as required or appropriate, by removing the infringing
material or disabling all links to the infringing material. In the case
of a visitor who may infringe or repeatedly infringes the copyrights or
other intellectual property rights of the Operator or others, the
Operator may, in its discretion, terminate or deny access to and use of
the Site. In the case of such termination, the Operator will have no
obligation to provide a refund of any amounts previously paid to the
Operator. You further agree not to change or delete any proprietary
notices from materials downloaded from the site. You must retain our
copyright notice in the policy you create unless you have purchased a
premium policy, in which case you will not have to display our copyright
notice in your generated policy.
Do we use cookies?
Yes, we use cookies (which are small pieces of information that your
browser stores on your computer’s hard drive) to help us remember and
process the items in your shopping cart, understand and save your
preferences for future visits and compile aggregate data about the site
traffic and site interaction so that we can offer better site
experiences and tools in the future. We may contract with third-party
service providers to assist us in better understanding our site
visitors. These service providers are not permitted to use the
information collected on our behalf except to help us conduct and
improve our business.
Third-party links
Our site may contain links to third-party sites. These third-party
sites have separate and independent terms of service and privacy
policies. We, therefore, have no responsibility or liability for the
content and activities of these linked sites. Nonetheless, we seek to
protect the integrity of our site and welcome any feedback about these
sites.
Intellectual property
This Agreement does not transfer from the Operator to you any of the
Operator’s or third party intellectual property, and all right, title,
and interest in and to such property will remain (as between the
parties) solely with the Operator. The Operator logo and all other
trademarks, service marks, graphics, and logos used in connection with
the Operator, or the Site are trademarks or registered trademarks of the
Operator or the Operator’s licensors. Other trademarks, service marks,
graphics, and logos used in connection with the Site may be the
trademarks of other third parties. Your use of the Site grants you no
right or license to reproduce or otherwise use any of the Operator or
third-party trademarks.
Changes
The Operator reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check
this Agreement periodically for changes. Your continued use of or access
to the Site following the posting of any changes to this Agreement
constitutes acceptance of those changes. The Operator may also, in the
future, offer new services and/or features through the Site (including,
the release of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions of this Agreement.
Termination
The Operator may terminate your access to all or any part of the Site
at any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement, you may simply
discontinue using the Site. Notwithstanding the foregoing, if you have a
client account, such account can only be terminated by the Operator if
you materially breach this Agreement and fail to cure such breach within
14 (fourteen) days from the Operator’s notice to you thereof; provided
that, the Operator can terminate the Site immediately as part of a
general shut down of our service. All provisions of this Agreement which
by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty
disclaimers, indemnity, and limitations of liability.
Disclaimer of warranties
The Site is provided “as is”. The Operator and its suppliers and
licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose, and non-infringement.
Neither the Operator nor its suppliers and licensors make any warranty
that the Site will be error-free or that access thereto will be
continuous or uninterrupted. You understand that it is your
responsibility to ensure that the policy you create is complete,
accurate, and meets your and your company’s specific needs. We are not
liable or responsible for any policies created using our services, and
we give no representations or warranties, express or implied, that the
policies created using our service are complete, accurate, or free from
errors or omissions.
Limitation of liability
The Operator is not a lawyer or a law firm and does not engage in the
practice of law or provide legal advice or legal representation. All
information, products, and services provided on the site are for
informational and self-help purposes only and are not intended to be a
substitute for professional legal advice.
In no event will the Operator, or its suppliers or licensors, be
liable with respect to any subject matter of this agreement under any
contract, negligence, strict liability or other legal or equitable
theory for (i) any special, incidental or consequential damages; (ii)
the cost of procurement of substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any
amounts that exceed the fees paid by you to the Operator under this
agreement. The Operator shall have no liability for any failure or delay
due to matters beyond their reasonable control. The foregoing shall not
apply to the extent prohibited by applicable law. The Operator shall
not be liable for any special or consequential damages that result from
the use of, or the inability to use, the services and products offered
on this site, or the performance of the services and products.
General representation and warranty
You represent and warrant that (i) your use of the Site will be in
strict accordance with this Agreement and with all applicable laws and
regulations (including without limitation any local laws or regulations
in your country, state, city, or other governmental areas, regarding
online conduct and acceptable content, and including all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside) and (ii) your use of the Site
will not infringe or misappropriate the intellectual property rights of
any third party.
Indemnification
You agree to indemnify and hold harmless the Operator, its
contractors, and its licensors, and their respective directors,
officers, employees, and agents from and against any and all claims and
expenses, including attorneys’ fees, arising out of your use of the
Site, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between the Operator
and you concerning the subject matter hereof, and they may only be
modified by a written amendment signed by an authorized executive of the
Operator, or by the posting by the Operator of a revised version.
Except to the extent applicable law, if any, provides otherwise, this
Agreement, any access to or use of the Site will be governed by the laws
of the state of Ontario, Canada, excluding its conflict of law
provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the state and federal courts located
in Toronto, Ontario. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties
original intent, and the remaining portions will remain in full force
and effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not waive
such term or condition or any subsequent breach thereof. You may assign
your rights under this Agreement to any party that consents to, and
agrees to be bound by, its terms and conditions; the Operator may assign
its rights under this Agreement without condition. This Agreement will
be binding upon and will inure to the benefit of the parties, their
successors, and permitted assigns.
Changes to our terms and privacy policies
From time to time, we may make adjustments to this policy. Changes
will be made at our sole discretion. Site users are encouraged to check
this policy for such changes. Your continued use of this site following
changes to this policy constitutes your acceptance of the changes.
Contacting us
Any questions about these terms of service and privacy policy should be addressed to us via our contact form.
This document was last modified on November 10th, 2023.
Privacy policy
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