Last Revised March 1, 2011This Flirt Rules Policy forms part of the Member Agreement and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the Member Agreement and related policies.
1. In addition to the terms and conditions of the Member Agreement, you agree to comply with the following requirements in creating listings, providing Flirt Services and otherwise acting as an Advisor. Without limiting any other remedies NiteFlirt may have, NiteFlirt may immediately terminate your membership and use of the Site without notice if NiteFlirt suspects that you have violated any of the following requirements.
a. You will continuously provide truthful, current and complete information, including, without limitation, correct representation of skills, degrees, qualifications, credentials, background and other information included in your listing(s). You will not misrepresent yourself or create a misleading Member name or listing. In order to create a listing in some categories, you may be required to have your credentials verified.
b. You will only create listings in categories for which you have appropriate qualifications. By creating a listing in a category, you represent and warrant that you have all the skills, education, training, licensing, experience and/or abilities necessary to reasonably perform services under such category. You will not provide any Flirt Services which require professional licensure, such as a physician, other health practitioner, attorney, accountant or financial planner, unless you have a valid professional license in the relevant jurisdiction(s) and such license allows for providing Flirt Services through the Site. If you do not have a valid professional license in the relevant jurisdiction for any professional services, you may not provide such services through the Site.
c. You will conduct all for-fee communications that you have with other Members only through the Site and you will not circumvent or attempt to circumvent the Site using third-party payment services.
d. You will not diagnose illnesses, provide treatments, prescribe medications or otherwise act as a medical care provider through the Site.
e. You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
f. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
g. You will only provide Flirt Services to Members. You agree that you will not provide Flirt Services to more than one Member on any given call. You agree not to take or answer calls (and agree to terminate such call and report the incident to NiteFlirt by filling out a Customer Support Form and selecting "Play Fair Inquiry" from the drop down menu) if you know or have reason to believe that (i) the individual on the call is a non-Member or (ii) there is more than one person on the call receiving the Flirt Services.
h. In certain circumstances, NiteFlirt permits more than one Flirt to be on the phone with a Member at one time, provided that such Flirts (i) have received prior written permission from Play Fair for such "double Speaker" offering, (ii) are both on the call at the same time. and (iii) have described clearly any such approved "double Flirt" offering (and the rate payable therefor) to the Member prior to the call. You will not permit another Flirt to join you on a call unless (i) you have contacted Play Fair by filling out a Customer Support Form and selecting "Play Fair Inquiry" from the drop down menu and have received written approval, at NiteFlirt's discretion, of the "double Flirt" offering; and you have clearly described any approved "double Flirt" offering and rate to the Member prior to the call. Under no circumstances may the Flirts providing such approved "double Flirt" offerings conduct a relay or "tag-team" call.
i. You will not "share" listings except as follows. If you are listed in a Flirt listing, only you may answer calls to that listing. NiteFlirt may allow for exceptions to this rule only if all of the following conditions are met: you had an existing operational call center with five (5) or more employees or sub-contractors prior to joining NiteFlirt; you are entering this Member Agreement with authority on behalf of an incorporated business with employment or sub-contractor agreements with all of the individuals who answer the phone; the Member account and the Member account's listings are always associated with only one phone number; and you send a notice of the shared listing account to Play Fair, by filling out a Customer Support Form and selecting "Play Fair Inquiry" from the drop down menu for approval, at NiteFlirt's discretion, of the listing and Member account details.
j. You will follow all applicable federal, state and local laws, regulations and ordinances relating to obscene and indecent content and communications. In particular, obscenity and child pornography are prohibited on NiteFlirt because they violate the laws of the United States and many other countries. While obscenity is not always easy to define and depends on the standards in your area, NiteFlirt specifically prohibits any listings or Mail that contain content related to bestiality, rape sex, incest, sex with graphic violence or degradation, excretory functions, bodily fluids, fisting and any other content which may be judged as obscene. With respect to child pornography, NiteFlirt will remove any listings and prohibits any Mail containing or referring to child pornography, such as listings containing the word "Lolita" or referring to nude photographs of "girls," "teens" or "children." In no event may images of children, whether nude, clothed or partially clothed, be posted in Mail or in any area of the Site, including Speaker listings. In the event that NiteFlirt discovers child pornography in any listing, Mail or otherwise, NiteFlirt will promptly notify the National Center for Missing and Exploited Children and or the appropriate law enforcement agency.
k. You will not use any banner advertisements or "pop up" windows or create or include links to sites which involve e-commerce, marketing, solicitation or sale of any items of any kind, whether related to or outside the scope of your Flirt listing.
l. You will not create or use separate listings for purposes of redirecting Members from listings contained in Groups or otherwise circumventing revenue sharing under Group agreements or other agreements with third parties.
m. You will not record or otherwise store any calls (in whole or in part) that you conduct with a Member. Notwithstanding the foregoing, Flirts may provide pre-recorded voice Flirt Services (each, a "Recorded Listing" as described further on the Help page of the Site) to Members in accordance with this Flirt Rules Policy.
n. You will not create frivolous listings, repetitive listings placed across multiple categories or listings that are irrelevant to the categories under which they are created. You may not create more than one (1) Live Advice listing per topic. For Recorded Advice calls, you may not create more than twenty (20) listings in total on the Site.
o. NiteFlirt (or its licensors) owns and retains all rights in or to certain trademarks, trade names, service marks, logos and/or slogans, whether now existing or hereafter created, including but not limited to NiteFlirt, Knowledge On Call, NiteFlirt Knowledge On Call, LiveAdvice, Live!Leads and the designs for NiteFlirt, Call Now, Recorded Listing, Telephone Off The Hook and Send Mail (collectively, "Trademarks"). Flirts may not use, reproduce or copy for commercial purposes any Trademarks in or for, without limitation, advertising, press releases or other marketing materials, without the express written permission of NiteFlirt. Flirts may request permission to use Trademarks by e-mailing firstname.lastname@example.org. Notwithstanding the foregoing, nothing in this Flirt Rules Policy or related agreements shall be construed as granting Flirt any rights in or license to use Trademarks.
p. NiteFlirt does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information and other products or services provided by Flirts or Members, or any specific Member, Flirt or Flirt Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Flirt or group of Flirts by NiteFlirt. You will not offer listings, create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by NiteFlirt of you, your listings or your Flirt Services. NiteFlirt reserves the right to warn, suspend or terminate at any time and without notice a Member account which it determines, in its sole discretion, is transmitting or is otherwise connected with such prohibited endorsement.
2. You agree to hold NiteFlirt harmless regarding your use of the Site.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY NiteFlirt, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF SPEAKER SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED. In each case, NiteFlirt will provide you with written notice of such claim, suit or action. NiteFlirt shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.