By using NiteFlirt you agree to the NiteFlirt User Agreement and understand that we use cookies and may share your information with third party providers, such as analytic partners. We will never sell your information to third parties. You must be 18 or older to continue.
 
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NiteFlirt Terms of Service for USERS, MEMBERS & FLIRTS

Last Updated: July 11, 2026

IMPORTANT: By directing your browser to this website, or otherwise accessing the pages of this website, you accept and agree to these Terms of Service. You manifest your agreement to these Terms of Service by any act demonstrating your assent, including without limitation by clicking any button containing the words "Enter" or "I agree." If you do not agree to be bound by these Terms of Service and the other agreements/policies posted on this website, you must exit this website immediately. You may not enter this website, and you may not use this website or our services, or any portion thereof.

This is a legal agreement between you and NF Entertainment, LLC d.b.a. NiteFlirt. For the purposes of these Terms of Service, the terms "NiteFlirt," "we," "us" or "our" refer to NF Entertainment, LLC, a Delaware limited liability company, as well as our affiliates, subsidiaries, parent companies, managers, officers, directors, shareholders, members, owners, employees and agents. The term "you" or "your" refers to you, the individual that is entering and/or accessing, for any purpose, any Site (defined below), whether as a visitor/user to the public area of a Site or whether as a Member/subscriber or Flirt to the non-public offerings of the Site (capitalized terms as defined below).

The policies, terms, and conditions below limit NiteFlirt's liability and obligations to you and allow NiteFlirt to change, suspend or terminate access to and use of this website and our services. The Privacy Policy, Complaints Policy, Content Removal Policy, NiteFlirt Rules, and Affiliate Agreement also posted on this website provide additional terms and information. These Terms of Service, along with the above listed policies and rules collectively make up the "NiteFlirt User Agreement" which governs your access to and use of our products and services. You may not access this website or use our services if you do not consent to the NiteFlirt User Agreement. You understand and agree that the NiteFlirt User Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (the "E-Sign Act").

Even though we do not sell your information, you agree that we can share your information with third party service providers (e.g. credit card processors, companies that provide analytic information, etc.) as necessary for our operations and the provision of the Site and Services.

WARNING: By accessing this website or using our services, you represent and warrant that you are at least 18 or 21 years of age (depending on the definition of majority in your jurisdiction). You assert that you have the legal capacity to access adult websites and adult services. If you are not of the age of majority in your jurisdiction, you must immediately exit this website and may not use or access this website or any of the services provided through this website.

The Site (as defined below) is an online platform providing interaction between Members and Flirts via audio, video, interactive, and live content which may include, at the providing Flirt or Member's election, content of an adult, sexual nature.

If you are of the age of majority, you may access this website as a visitor/user or as a Member or Flirt. If we accept your Member Sign-up Form, you will become a "Member" and will have additional access to the Site (defined below) and related services pursuant to the NiteFlirt User Agreement. A "Flirt" is a Member that creates a listing and performs/entertains/interacts with other Members through providing Flirt Services (defined below). To make it easier, we will refer to the NiteFlirt.com website, Mail (any mail you send from your Member account to another Member or Flirt), phone services (including services available through 1-800-TO-FLIRT and other numbers that NiteFlirt maintains for access by Members), cam services (any real time 1:1 webcam session between a Flirt and a Member), Goodies (digital photographs, audiovisual materials, and other digital content), Chat (text interaction you send from your Member account to another Member), Feeds (digital content you post for other Members to access for free and/or paid subscription), and any content therein provided by NiteFlirt as the "Site." We will refer to any information, entertainment services, and other products or services you may receive from Flirts or their listings on the Site as "Flirt Services." Members may solicit or receive Flirt Services from Flirts. In addition, Flirts may sell to other Members - through Goodies provided as part of the Site - written text, digital photographs, audiovisual materials, and other digital content which will be referred to as "Content." Not all Flirts participate in all types of Flirt Services (for example, not all Flirts offer cam services), and not all Flirts sell all types of Content.

By directing your browser to the Site, using the Site or Flirt Services, or otherwise engaging in any of the services we offer, you accept and agree to these Terms of Service and the NiteFlirt User Agreement. Your use of the Site and/or Flirt Services demonstrates your acknowledgement that you have read, understand and agree to each of the following provisions.

1. Future Modification of the NiteFlirt User Agreement.

NiteFlirt may modify the NiteFlirt User Agreement, or any part thereof, or suspend or terminate your use of the Site, at any time with or without notice to you. If any modification to the NiteFlirt User Agreement is not acceptable to you, your only recourse is to cease using the Site and Flirt Services. This includes, but is not limited to, changes to commission and connection fees. By continuing to use the Site or any Flirt Services following our posting of new Terms of Service or other policies on the Site, you accept and agree to be bound by the new NiteFlirt User Agreement. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THE NITEFLIRT USER AGREEMENT. YOUR CONTINUED ACCESS TO/USE OF A SITE AND/OR ANY FLIRT SERVICES AFTER SUCH MODIFICATION WILL CONSTITUTE ACKNOWLEDGMENT AND ACCEPTANCE OF THE MODIFIED TERMS. Likewise, NiteFlirt reserves the right in its sole discretion to modify or discontinue the Site, access to certain Flirts or Flirt Services, at any time and for any reason or no reason, with or without notice.

2. You Must be 18+/Age of Majority.

When accessing this Site as a Member (defined below), you understand that you may see and/or hear communication and conduct, solicited and unsolicited, containing graphic depictions of nudity, exposed genitals and adult(s) engaged in explicit sexual activity. By accessing and/or using the Site and/or Flirt Services, you represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction if your jurisdiction requires that you be older than 18. By using the Site, you state that you have the right, authority, and capacity to enter into this NiteFlirt User Agreement and to abide by all of the terms within the NiteFlirt User Agreement. If you are not of the age of majority in your jurisdiction, you must exit this Site immediately and may not use or access the Site, or record, screenshot, screengrab, screen record, or reproduce any content/services offered within it.

Your acceptance of these Terms of Service and continued access to this Site demonstrates your full, free, and voluntary consent to engage in and/or view explicit adult material. This means that you have not been coerced, peer-pressured, or threatened in any way to provide said consent. Your engagement with this Site must be without duress/coercion and without impairment of alcohol or drugs, whether legal or illegal.

You may be asked to verify your birth date on an age verification form. Depending on your jurisdiction, you may be asked to provide other proof of age or other identifying criteria, to us or to a third-party/authority, on the age verification form or other age-verifying platform/process as required by your jurisdiction, as a condition of entry onto the Site. You agree not to bypass any security and/or access feature on any of the Sites. The use of a VPN is generally allowed but not to bypass your jurisdiction's laws or otherwise violate any law. Additionally, we do not assume any responsibility or liability for any misrepresentations regarding your assertion that you are of the age of majority in your jurisdiction. By using the Site or Flirt Services, you further agree to indemnify us fully and unconditionally, including but not limited to any attorney fees and costs incurred by us, in connection with your misrepresentation of your age.

You understand that Flirt Services, Content and Goodies presented on and through this Site are adult services and you must have a legal right to access adult material to use the Site and/or participate in Flirt Services. You understand and agree that you are voluntarily choosing to use this Site and/or Flirt Services for your own personal and private enjoyment. You represent that you are not prohibited by any laws or court orders from accessing the Site or Flirt Services. You further represent that you are not required to register as a sex offender with any government entity.

NiteFlirt does not conduct criminal background checks on or screenings of its Members or users but reserves the right to conduct any criminal background check or screening as it or any government authority deems appropriate at any time with or without notice. You shall not use the Flirt Services, Content, Goodies, or any other portion of this Site in any manner which is illegal under the law applying to you, nor shall you request, offer, agree to, or engage in any activity involving or simulating child pornography, bestiality, necrophilia, child molestation, rape, urination, defecation, public sex acts, or any other obscene sex acts, or unlawful prostitution.

By using the Site and/or Flirt Services, you represent and warrant that you are familiar with your jurisdiction's laws affecting your right to access sexually explicit material and/or utilize adult related services. Using the Site may be prohibited or restricted in certain countries. If you use the Site outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Site or Flirt Services. You shall not use the Site or become a Member if you are located or reside in a country (i) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (ii) which is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Belarus, Myanmar (Burma), Cuba, Iran, Iraq, Russia, North Korea, Sudan, and Syria. In addition, NiteFlirt does not allow organizations, businesses, or individuals on the Specially Designated Nationals list (SDN) to use the Site.

WE RESERVE THE RIGHT to remove your access to the Site at any time and for any reason, including but not limited to the implementation of state, federal, or other legal ban(s) or law(s) affecting your jurisdiction's access to sexually explicit content, with or without prior or contemporaneous notice to you.

3. No Child Sexual Abuse Materials (CSAM), Prostitution, Human Trafficking, Non-Consensual Content or In-Person Meetings Permitted or Tolerated.

You understand that all individuals engaged by us or otherwise affiliated with the Site, Flirt Services and Content are at least eighteen (18) years of age. Our Flirts have been approved to perform Flirt Services only after completing a robust process of verifying their age and identity. This includes review of their government-issued picture identification and steps to ensure their government-issued picture identification belongs to them. All performers and any other individual appearing on the Site, in any Flirt Service(s) or in any Content have reached the age of majority and are legally and consensually participating.

If you identify any images, real or simulated, depicting minors engaged in sexual activity/abuse within any Content or Flirt Services (including without limitation broadcast during cam sessions), or observe any other form of illegal CSAM, pornography or acts, in any context, please report the material to us immediately by either emailing us at playfair@niteflirt.com or by filling out our Support Form (select "Play Fair Inquiry"). Include with your report any appropriate evidence, including the name of the Flirt/Member, URL, and date and time of identification. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with all applicable law-enforcement agencies investigating the use and/or dissemination of child pornography and other forms of illegal pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.

We also forbid the Site or Flirt Services from being used in the trafficking of humans. We utilize third party content moderation technology in addition to human moderation to actively review and monitor Content, including text, audio, images, and videos, as well as material streamed during cam sessions, in our bid to help eliminate cases of trafficking or suspected trafficking.

For the purpose of these Terms of Service, "CSAM" (Child Sexual Abuse Materials) includes, but is not limited to (i) any materials depicting an individual who has not yet attained the age of majority (18 or 21, depending on jurisdiction) in a state of undress, or engaged in any provocative, suggestive or other acts of a sexual nature; (ii) any materials that simulate the foregoing, for example, tangible recreations (e.g., dolls, toys), animated films or images, visual images, video, or livestream content created by AI (defined below), and/or adults made to look like children or suggesting they are below the age of majority; and (iii) discussion of child pornography, child exploitation, coercion and/or trafficking, or your own or another's sexual activity as a minor. Possession and distribution of CSAM and the exploitation of children are serious crimes. Members and Flirts are strictly prohibited from using the Site or Flirt Services to distribute, access, solicit, or discuss CSAM or engage in any conduct or discussion exploitative of a minor, in any context, including by way of role play.

IF YOU ARE SEEKING OR HAVE AN INTEREST IN ANY TYPE OF PEDOPHILIC OR CHILD ABUSE CONTENT, INCLUDING AS ROLE PLAY, YOU MUST IMMEDIATELY LEAVE THIS SITE AND DISENGAGE FROM FLIRT SERVICES. ANY INTEREST YOU CONVEY IN THE ABOVE, EVEN BY DISCUSSION ALONE, WILL RESULT IN IMMEDIATE TERMINATION OF YOUR MEMBER ACCOUNT AND PROMPT BANNING FROM THE SITE AND FUTURE FLIRT SERVICES. IN ADDITION, YOU WILL BE REPORTED TO THE APPROPRIATE GOVERNMENTAL AGENCIES AND/OR LAW ENFORCEMENT AND WILL BE DEALT WITH IN THE HARSHEST MANNER POSSIBLE.

4. Rules and Guidelines For Members

By accessing and using the Site, by becoming a Member, by using, purchasing or providing Flirt Services, or by otherwise using any telephone communications service, cam or video streaming service, message board, newsgroup, or other interactive service available on or through the Site, you expressly agree that you will not make or publish comments, messages, links, code or other information that:

  1. is, or could reasonably be deemed solely by us to be, unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another's privacy, or including graphic descriptions of unlawful or violent content;
  2. victimizes, harasses, degrades, doxes, disparages, defames, or intimidates an individual or group of individuals, including but not limited to on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. solicits from any Flirt or any other user/Member any personal or private information, including without limitation, real names, addresses, telephone numbers, email addresses, social media accounts, cash app information, banking information, usernames or passwords, or otherwise seeks information for the arrangement of any in-person encounters;
  4. violates any law (including without limitation laws related to privacy, intellectual property, defamation, obscenity, prostitution, human trafficking, pornography, publicity), nor will you encourage any other user, Member or third party to do so;
  5. infringes on any patent, trademark, trade secret, copyright, right of publicity, intellectual property, name, image and likeness or other proprietary right of us, any of our Members, Flirts, or any other third party;
  6. consists of unsolicited advertising, junk or bulk email, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  7. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of us or any third party;
  8. breaches the security of, compromises or otherwise attempts to gain unauthorized access to secured, protected or inaccessible areas of the Site, or attempts to gain access to our network or server;
  9. impersonates us, or any Member, Flirt or any other person or entity, including any of our employees or representatives, or uses Artificial Intelligence ("AI") or other technology to do so.

By participating in cam session(s) with Flirt(s), in addition to the above rules, you also expressly agree that you will not transmit video, images, audio, comments, messages, links, code or other information that:

  1. depicts, broadcasts or impersonates any minor below the age of majority, or depicts any adult who has not consented to the acts in which they are engaging or who has not consented to the dissemination of his/her/their images and likenesses in the form depicted;
  2. offers to, seeks to, or actually engages in underage roleplay, often referred to as 'age play,' where one or more adult individuals roleplay as a minor;
  3. offers to share, seeks to receive, or actually shares content containing minors, whether through the Site or otherwise;
  4. depicts, performs or transmits material that can be considered offensive, harassing, or illegal, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). NiteFlirt reserves the right to determine, at its sole discretion, what constitutes offensive or harassing, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing Member.
  5. depicts, performs or simulates obscene acts, including without limitation, bestiality, necrophilia, child molestation, child pornography, rape, urination, defecation, public sex acts, or any other obscene sex acts or illegal activity, including without limitation solicitation of prostitution and human trafficking, or communicates to any Flirt, or leads them to believe, that you participate in or simulate such obscene acts.
  6. uses false identities or impersonates any other person or uses a name, image, or likeness that you are not legally and expressly authorized to use.
  7. solicits any Flirt or other Member to meet with them in person, or otherwise seeks personal contact information of any Flirt in anticipation of in-person meeting.

Further Guidelines for all Members:

You represent and warrant that all information that you submit upon Member registration, including billing and payment information, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading, or false.

You acknowledge and agree that when asked to choose a username, you will not choose a name which may falsely represent you as somebody else or a name which may otherwise infringe on the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate, including names that we deem could be harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, invasive of another's privacy, or racially, ethnically, or otherwise objectionable.

You acknowledge and agree that you will not use any form of AI to create derivative works from any material appearing on the Site or by using any Flirt Service, Goodies or Content purchased, observed, or heard by you, no matter how small the use is. This includes without limitation, making or using any form of recording or visual depiction of any Flirt, or otherwise using/disseminating any Member's or Flirt's name, image, voice, or likeness, modified or unmodified, or creating any form of deepfake. We do not authorize any use of our Site, Flirt Services, Goodies or Content, or any portion thereof, for AI derivative works, either generative or otherwise. Violators of this provision will be immediately terminated as a user/Member and could be prosecuted to the fullest extent available under applicable law. This includes civil and possibly criminal liability. We will likewise enthusiastically cooperate with any and all governmental authorities to see to this goal. AI scraping is also strictly prohibited.

You acknowledge and agree that you will not defame, dox, disturb, stalk, excessively contact or harass (either sexually or in any other manner) any Flirt appearing on the Site, or any other Member or third party.

NiteFlirt does not permit any Member or Flirt to disclose contact information to any other Member or Flirt. NiteFlirt considers contact information to be any information that would allow a person to identify, locate or contact you such as, but not limited to, your phone number, email address, usernames for other services, location, IP address, or physical address. In addition, it is not permitted to provide Flirts or other Members with information, such as links to third-party services, to circumvent or attempt to circumvent the Site's payment system. If you do, you do so at your own risk and risk the termination of your NiteFlirt Member or Flirt account and open yourself up to litigation, investigation and/or other penalties that are beyond NiteFlirt's control. NiteFlirt does not permit Members or Flirts to use the Site or Flirt Services to solicit other Flirts or Members to meet with them in person. One reason we forbid in-person interactions is clearly for safety concerns (for either, both, or all parties concerned), but it should also be noted that we are unable to assist with any such interaction even if, by way of example and without limitation, we are supplied with alleged screenshots or other digital alleged evidence of wrongdoing, as we have no way to verify the accuracy of such screenshots or purported evidence.

NiteFlirt maintains the right, but not the obligation, to review, redact, remove, or disable any Member or Flirt's account that we, in our sole discretion, deem to conflict with the guidelines set forth in the NiteFlirt User Agreement, as may be updated from time to time, or for any other reason, with or without prior notice to you.
*In addition to the rules and guidelines in this section, all Flirts must agree to the 'Rules and Guidelines for Flirts' section, provided further below within these Terms of Service.

5. Your Member Account is for Personal Use Only.

To create a Member account, you may be asked to provide certain registration details, age verification, payment information and other information. It is a condition of your use of the Site that all information you provide is and will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right, but not the obligation, to refuse you access to the Site or any portion thereof, Flirt Services, and/or other offerings, and to terminate or suspend your access at any time with or without any notice to you. To learn how we manage your information and to delete your information, please review our Privacy Policy.

Your membership is for your sole personal use, and you are solely responsible for all use made of the Site and Flirt Services under your Member account information and password. We do not allow the sharing of Member accounts. You agree to maintain the confidentiality of your password and Member account information. You represent and warrant that you will not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You further represent and warrant that you will not share or disclose your unique username and password to any other person whatsoever, or otherwise allow any other person to participate in, watch, listen, view, record or distribute any Flirt Services, Goodies or Content, including especially any other person who is below the age of majority in their jurisdiction. You agree to (a) immediately notify us of any unauthorized use of your username and/or password or any other breach of security, (b) immediately change your username and password if you suspect unauthorized use/breach of security, and (c) ensure that you exit from your Member account at the end of each session.

PARENTS/GUARDIANS/PERSONS SHARING DEVICE(S) WITH MINORS: Minors are not allowed to use or access the Site or be exposed in any way to Flirt Services, Goodies or Content, even with parental permission or supervision. You understand and acknowledge that it is your responsibility to prevent any minor in your care from accessing the Site, Flirt Services, Goodies or Content, and will take responsible measures to prevent any minor from doing so. We strongly recommend that you implement parental control protections, such as computer hardware, software, or filtering services, which may help to limit any minor's access to the Site and your Member account. This is your sole responsibility; we are not responsible and will not be liable for any exposure of the Site or Flirt Services to any minor based on your failure to employ proper security measures.

Your Member account and Member access to the Site may not be assigned, transferred, or sold to a third party. We disclaim any and all liability arising from fraudulent entry and use of your Member account and/or the Site. If you fraudulently obtain access to another Member or Flirt's account, or if another user fraudulently obtains access to your Member account, we may terminate their/your membership immediately and take all necessary and appropriate actions under applicable federal, state, local and international law.

6. Our Intellectual Property Rights and Your Limited License.

Subject to the NiteFlirt User Agreement and in consideration of your personal use of the Site, we grant all Members a limited, nonexclusive, nontransferable personal license to access and use the Site, Flirt Services, Goodies and Content. Users are granted a limited, nonexclusive, nontransferable personal license to access and use the Site. We will not and do not provide or grant a commercial license. The provided license is a single copy license allowing you to participate in Flirt Services and view Content. All other uses are strictly prohibited. As a user or Member, you agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of the Site, Flirt Services (including cam services) or Content beyond these limited rights granted to you. All users and Members (other than Flirts) are prohibited from using the Site, Flirt Services or Content to generate revenue, increase traffic, or receive any other benefit of any kind. You are not allowed to take audio recordings, screenshots, screengrabs or screen recordings of the Site, Flirt Services, Goodies or Content, and your doing so constitutes a material breach of the NiteFlirt User Agreement which terminates your limited license and may lead to suspension/termination of your Member account/Site access and may result in civil and possibly criminal prosecution.

NiteFlirt shall own all rights, titles, and interests in the Site, and to the extent described in the section entitled 'Rules and Guidelines for Flirts' and NiteFlirt Rules, in Flirt Services and Content. No copyrights, patent rights, trademarks, or other licenses are conferred herein by NiteFlirt, either expressly or by implication. You understand and agree that: (i) you will have no right, title, and interest to any Member username in connection with your use of the Site or Flirt Services; and (ii) Member usernames may be recycled by NiteFlirt to other Members or Flirts of NiteFlirt if you are not actively using them or your account has been terminated.

7. Your Actions Are Your Sole Responsibility

You understand and agree that you are solely responsible for, and will exercise caution, discretion, common sense, and good judgment in, using the Site and Flirt Services. While NiteFlirt reserves the right to review interactions between Members and Flirts, NiteFlirt assumes no responsibility for policing its Members in any way.

You understand that you use Flirt Services, and consult with Flirts, at your own risk. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Flirt Services. Members who initiate, receive and/or discontinue use of the Flirt Services do so entirely at their own risk, and NiteFlirt bears no responsibility in this regard. However, NiteFlirt reserves the right to contact Members and review account activity without revealing its identity, in order to evaluate compliance with the rules and policies set forth in the NiteFlirt User Agreement and to take other action as set forth in these Terms of Service and Privacy Policy.

You also understand that in engaging in Flirt Services, you agree to limit the personal information you share with Flirts, keeping in mind we cannot control the use of such information by those with whom you share your information. We recommend that you consider all information and/or material you choose to share with Flirt(s), whether verbally, visually in cam sessions, or through text, should be considered public information.

Outside of age verification discussed elsewhere in these Terms of Service, NiteFlirt does not itself provide any information, entertainment services or other products or services, nor verify, guarantee, or make any representations regarding the identity or qualifications of any user, Member or Flirt. Further, NiteFlirt does not make editorial or managerial decisions concerning Flirt Services and Content, sexually explicit or otherwise, except that NiteFlirt reserves its right to act as specified in Section 512 of Title 17 and Section 230(c)(2)(A) of Title 47 of the United States Code and to determine at any time, in its sole discretion, whether and to what extent to do so.

NiteFlirt will not be held responsible for any Member or Flirt's failure to comply with laws or regulations concerning the content of listings or material on the Site or disseminated in Flirt Services, Goodies or Content. Instead, NiteFlirt acts as a technology service that allows Members to share information, entertainment services, or other products or services among themselves. Although NiteFlirt helps its Members connect with each other and with Flirts, and (other than as stated directly below and elsewhere in the NiteFlirt User Agreement) it does not routinely monitor the information exchanged. As a result, NiteFlirt does not control, nor is responsible for, the accuracy, safety, quality, appropriateness, legality, or applicability of anything said, written, displayed, or transmitted by Members or Flirts, including without limitation any information contained in Flirt listings or made available through this Site or Flirt Services.

As a caveat to the above, NiteFlirt does utilize third party content moderation technology in addition to human moderation in order to monitor 1:1 cam sessions between Members and Flirts, including third party monitoring of text, audio, images and video transmitted therein. Cam sessions are monitored only to the extent necessary to ensure cam session participants comply with these Terms of Service, the NiteFlirt Rules, and applicable laws. Any violative session including without limitation, a cam session that transmits harmful, unlawful, offensive, or otherwise objectionable material will be immediately terminated. The consequences to Members of transmitting or attempting to transmit material that violates the NiteFlirt User Agreement may include, in our sole discretion, the issuance of a warning, termination of your Member account, and/or banning you from using the Site. If any cam session involves illegal activity or the depiction of a minor we will report the situation to the relevant authorities, as appropriate. Note that as a provider of third-party content, we are permitted to moderate cam sessions in this fashion without being responsible for material transmitted or legally liable for our moderation activities. We expressly waive any and all such liability. To appeal a decision involving the moderation or removal of your cam session(s), or for inquiries related to content moderation or removal, you may contact us at support@niteflirt.com.

The Site is not intended for use as a payment service to exchange physical goods. NiteFlirt is not responsible for use or exchange of any information, files or goods between Members (which by definition includes Flirts). You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Site and Flirt Services, in evaluating the qualifications of, and statements made by, Members and Flirts in listings or through the Member feedback system, and in disclosing personal information to other Members and Flirts.

There may be links to websites other than NiteFlirt posted on the Site. NiteFlirt neither controls such websites nor endorses any of the material on any such websites or any association with their operators. You must exercise caution when clicking on any third-party or affiliate advertisement or link. Accessing a linked third party's website subjects you to the third party's terms and conditions, privacy policy, and any other policy used by that third party in operating the third party site and/or providing goods/services. We are not responsible for your failure to review, understand or abide by any third party's terms and conditions or other policies, nor do we provide any representation or warranty for the goods/services they exhibit or sell.

If you ever believe that a Member or Flirt has violated the law or is defrauding, threatening, or endangering anyone, or is engaging in human trafficking, NiteFlirt urges you immediately to (i) contact the appropriate authorities directly for help and (ii) Fill out our Support Form (select "Play Fair Inquiry").

The Site occasionally receives complaints from Members related to violations of the NiteFlirt User Agreement. We will take action as deemed appropriate. NiteFlirt reviews all complaints within seven (7) business days of receipt and will take any and all action, in our sole discretion, as we deem appropriate to resolve the issue. While complaints are reviewed as quickly as possible within the above time period, if you suspect someone may be in immediate danger, please contact your local authorities also. We enthusiastically cooperate with any and all governmental authorities to ensure that complaints of a legal or criminal nature are promptly and thoroughly reported and investigated. For further information, see our Complaints Policy.

The Site is for entertainment purposes only. If you have a dispute with any Member or Flirt, or suffer any harm arising out of or connected with any Flirt Services, you hereby waive all claims against and release NiteFlirt (and its subsidiaries, employees, officers, directors, shareholders, suppliers, attorneys, joint venturers, and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorney's fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Flirt Services or with regard to such disputes. In addition, you expressly represent and warrant that you have read the Indemnification section of this Terms of Service, understand it and agree to fully indemnify NiteFlirt pursuant to that section.

Warning for Members Participating in 1:1 Cam Sessions. The Site provides functionality allowing Members to stream/broadcast with Flirts using their webcams, should the Flirt offer this type of service. While we forbid recording of cam sessions, it is technically possible that individuals participating in streaming services might, without the other party's consent, unlawfully record, make copies of, store, re-broadcast, publish, distribute or otherwise share your broadcast online or through other channels. You assume all risk for what you broadcast in your cam sessions and hereby release and agree to indemnify and hold us harmless for all actions arising out of such activities and any resulting harm, including without limitation, claims of invasion of privacy, defamation, tortious interference, and/or intellectual property infringement.

8. Fees and Charges

To learn about what fees and charges apply to your use of the Site, please click HERE. You can also find information on your payment options by visiting the 'Manage Credit Cards' page by clicking on 'More Options' in the 'Payment Info' section of your account. By registering as a Member and providing your credit card information, you agree to be bound by the NiteFlirt User Agreement as well as all payment rules posted elsewhere on the Site.

You agree to pay for all Flirt Services purchased using your Member account information and password. Further, when purchasing a Feed subscription you agree to allow NiteFlirt to charge your default card for the price of the monthly subscription on a recurring basis until you choose to cancel. You can cancel your subscription at any time by emailing support@niteflirt.com or by clicking HERE.

NiteFlirt may charge an Account Maintenance Fee of two dollars ($2.00) per month for all Member accounts with a positive balance which have been dormant for 12 months. However, if the Member uses their Member account to purchase Flirt Services, then the Member account is considered active and no Account Maintenance Fee will be charged. Recurring subscription purchases – as long as the transaction is successful – are considered validly "activating."

Any charges associated with your Member account or purchase of Flirt Services may appear on your credit/debit card statement as "NF Services." This descriptor is subject to change at any time with or without notice to you.

You are responsible for payment activity within your Member account, credit card refunds and reversals, and any related fees that we incur with respect to your Member account. In the event of an unsuccessful recurring payment, the related subscription will be canceled. Should you fail to pay any fees due to us in connection with your use of the Site, your Member account, and/or your engagement in Flirt Services, including credit card reversals, we have the right to pursue you in collections or otherwise to collect the funds owed to us.

Without limiting other remedies, NiteFlirt may at any time suspend or terminate your Member account and/or refuse to provide access to the Site or Flirt Services with or without reason or notice to you, should you fail to pay any fees due to us. In addition, NiteFlirt retains the right to communicate with your bank, credit card company, reasonable third parties, and/or authorities, or take any other actions it deems appropriate, with or without notice to you, in connection with collection of payment of funds owed to us.

9. Billing Errors

We want you to be completely satisfied with the Flirt Services and Content you purchase from our Site. If you are not satisfied in any way, you can submit a complaint to our support staff by clicking HERE. We review all complaints within seven (7) business days of receipt and will take any and all action, in our sole discretion, as we deem appropriate to resolve the issue. Once we have verified your complaint, in our sole discretion, we will credit your Member account for the amount of your purchase up to a limit of $25, payable in NiteFlirt Dollars. To review our Satisfaction Guarantee, please click HERE. If you believe you have been incorrectly charged for any Flirt Service, Content, subscription, Goodies, or in any other aspect, you can submit a refund request by clicking HERE. If we suspect improper refund requests, credit card chargebacks, fraud, or abuse of our refund request procedures, we will terminate your access and use of the Site and refuse to provide Flirt Services to you at any time, with or without advance notice.

10. Cancellation Policy and How to Cancel Your Member Account

You may cancel your account at any time by emailing support@niteflirt.com or by clicking HERE. Any suspension, termination, or cancellation will not affect your obligation to pay any amounts due to NiteFlirt up to and including the date and time of cancellation, including automatic or recurring billing fees charges. Although cancellation should occur immediately upon request, please allow twenty-four (24) hours for your account to be fully closed and any automatic/recurring charges to stop.

Without limiting our other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, cancel, or terminate your access and use of the Site and refuse to provide Flirt Services to you at any time, with or without advance notice if:

  1. We believe that you have breached or threatened breach of these Terms of Service or the NiteFlirt User Agreement;
  2. Any charge to your account results in a chargeback;
  3. We are unable to verify or authenticate any billing, payment, or other information you provide to us;
  4. The jurisdiction that you are in disallows access to the Site, Content or Flirt Services;
  5. We believe that your actions may be unlawful or cause legal liability, harm or disruption to you, our Members, Flirts, or us; or
  6. We decide to cease operations or to otherwise discontinue the Site or portions/offerings thereof.

You agree that if your Member account is terminated by us, you will not attempt to re-register as a Member (including as a Flirt) without prior written consent from us. Any monies remaining in a canceled or terminated Member account will be refunded upon request.

11. Information Collection/Information We Share

Your privacy and the privacy of your information is very important to us. For details about the information we collect, how such information is stored, and whom we share it with, please refer to our Privacy Policy which is incorporated in this NiteFlirt User Agreement. You agree to be bound by our Privacy Policy.

Even though we do not sell your information, you agree that we can share your information with third party service providers (e.g. credit card processors, companies that provide analytic information, etc.) as necessary for our operations and the provision of the Site and Services.

12. SMS Messaging

NiteFlirt operates the SMS messaging program ("SMS Alerts"), which sends informational notifications to your mobile device when a new chat message is received on your NiteFlirt account while you are offline.

SMS Alerts do not allow sms communications between Flirts and Members. Further, neither the Flirt's or Members phone number is provided to the other party, or sold, traded, or rented to third parties.

SMS Alerts cannot be customized by Member or Flirt. They simply inform a Member they have received a Chat message.

Eligibility. To "opt in" to SMS Alerts must be selected by Members and by the Flirt with verified mobile phone numbers on file. SMS Alerts are available to adults only.

Opt-In. The pre-set setting for SMS Alerts is "Opt Out". You may enable SMS Alerts by toggling SMS Alerts on in your NiteFlirt account settings. Your opt-in is recorded with a timestamp. By enabling SMS Alerts, you agree to receive transactional SMS messages from NiteFlirt at the number you provide for new chat messages while offline.

Message Frequency. Message frequency varies based on activity on the number of messages sent to your account. Members typically receive one message per chat event.

Cost. NiteFlirt does not charge a fee for SMS Alerts. Message and data rates from your wireless service provider may apply.

Opt-Out. To stop receiving Chat Alerts, reply "STOP" to any SMS Alert message, or toggle SMS Alerts off in your NiteFlirt account settings. After opting out via STOP, you will receive a single confirmation message; no further messages should be sent. If you continue to get SMS Alerts, please contact NiteFlirt support at support@niteflirt.com or click HERE.

Help. Reply HELP to any SMS Alerts message for assistance. You will receive an automated response with contact information. For additional assistance or if you are still getting SMS Alerts even though you have opted out, contact NiteFlirt support at support@niteflirt.com or click HERE.

Phone Number Changes. If you change your phone number or cancel your wireless plan, you are responsible for updating your NiteFlirt account or opting out of SMS Alerts. You may update your phone number in your account settings.

Carrier Disclaimer. Neither NiteFlirt or wireless carriers are liable for delayed or undelivered messages. SMS message delivery depends on various factors, including, but not limited to, carrier networks and it is therefore not guaranteed.

All Terms of Service policies for chatting apply to Chat Alerts. For information about how we handle your SMS data, see Section 5 of our Privacy Policy.

13. Trademark Information

This domain and the terms 'NiteFlirt' and 'Speak to Your Desire' are service marks and/or trademarks of NiteFlirt, even if not registered. We aggressively defend our intellectual property rights. Other websites, domains, advertisements, and service names referenced or linked on or through the Site may constitute or contain trademarks and/or service marks which are the exclusive property of their respective owners and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. We do not assert any rights as to any of these third party trademarks or service marks. Our marks, logos, domains, Site name, service marks and trademarks (either registered or not) may not be used publicly except with prior express written permission from NiteFlirt, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages, casts a false light or discredits NiteFlirt.

If you believe that your federally registered trademark is being used by us, a Flirt or a Member in a way that constitutes trademark infringement, please notify NiteFlirt immediately at support@niteflirt.com, and include information sufficient for us to investigate your claim.

14. Copyright Information and DMCA Takedown Procedure

Other than stated herein, NiteFlirt shall own all rights, titles, and interests in the Site, domain names, toll-free numbers, merchandise, systems, and services. No copyrights, patent rights, trademarks, or other licenses are conferred herein by NiteFlirt, either expressly or by implication. NiteFlirt does not express any copyrights or other intellectual property rights to Flirts' Goodies or Content.

We also respect the intellectual property rights of others, and we ask our Members and Flirts to do the same. We observe and comply with the United States' Digital Millennium Copyright Act ("DMCA") and the procedures set forth therein.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NiteFlirt's Copyright Agent listed below with the following information required under 17 U.S.C. § 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NiteFlirt to locate this material;
  4. Information reasonably sufficient to permit NiteFlirt to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NiteFlirt's Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

Copyright Agent
c/o NiteFlirt
182 Howard Street #418
San Francisco, CA 94105
Email: copyright@niteflirt.com

Upon receipt of notice as described above, NiteFlirt will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged works from the Site, and/or termination of the Member or Flirt's account. All complaints will be responded to within seven (7) business days of receipt of inquiry.

Please do not send any other form of inquiry, request or notice to our designated copyright agent as this will not be considered to be proper notice, nor will we accept or acknowledge receipt.

15. DMCA Counter-Notice and False Reports of Copyright Infringement

If, on the other hand, you believe that any Content, Goodies or other material you, a Flirt or NiteFlirt has posted to the Site, or otherwise transmitted to any Member, has been mistakenly removed or disabled, or that the material does not, in fact, violate or infringe the copyright of another, please send a written counter-notice to our designated copyright agent, including the following information:

  1. Your name, address, telephone number, and physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. A statement that you consent to the jurisdiction of Federal District Court for the Northern District of California, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided the Notice of copyright infringement or an agent of such person.

Copyright Agent
c/o NiteFlirt
182 Howard Street #418
San Francisco, CA 94105
Email: copyright@niteflirt.com

Please note that the above-described procedures are regulated by statute. Sending a DMCA or related notice or counter-notice to us, when such allegation is in bad faith or otherwise false, can cause you to be liable for damages, attorney's fees, costs, and other criminal and/or civil damages and/or penalties. Speaking to an attorney before you send a DMCA notice or counter-notice may help you understand your rights, and we strongly recommend you do so.

Upon receipt of repeated false or unverifiable DMCA notices from you in any given calendar month, we reserve the right to suspend or terminate your Member account and/or your use of the Site and Flirt Services, pending our further review.

16. Unauthorized Use of Images or other Content

We have a strong policy against non-consensual production and/or distribution of any individual's image, voice or likeness (including without limitation unauthorized or unconsented to videos, audio recordings or images, doxing, blackmail, exploitation, revenge porn etc.)

If you believe the Site, or any Member or Flirt, is exhibiting, selling, offering or disseminating material in which you are depicted, and which you did not provide your consent for public dissemination, purchase or download by others, or for which you have revoked your consent, please immediately contact us at playfair@niteflirt.com and include as much of the following information as possible:

  1. A physical or electronic signature of the person depicted in the content who is requesting it be removed from the Site.
  2. Identification of the content in question and information reasonably sufficient to permit NiteFlirt to locate the content;
  3. Information reasonably sufficient to permit NiteFlirt to contact the person depicted in the content requesting the removal, including a name, address, telephone number and email address;
  4. Information reasonably sufficient to permit NiteFlirt to verify the complaining party is depicted in the content in question;
  5. A statement that the complaining party has a good-faith belief that use of the content on the Site is not authorized by one or more of the parties depicted in the content;
  6. A statement that, under penalty of perjury, the complaining party is authorized to act on behalf of the person depicted in the content.

Upon receipt of notice as described above, NiteFlirt will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site, and/or termination of the Member or Flirt's account. All complaints will be responded to within seven (7) business days of receipt of inquiry.

17. No endorsement of Flirts, Content, or Flirt Services

This Site connects you to adult performer(s), who may from time to time, personally or professionally, be involved in, publish, exhibit, or otherwise represent certain personal, public, or political situations, opinions, statements or viewpoints that may be considered unpalatable to you, harmful, criminal, offensive, unlawful or the subject of public or pop-culture debate. You acknowledge that by using the Site and/or engaging in Flirt Services, you understand that our inclusion of any Flirt or related third-party in any Flirt Service or Content, whether before, during, or after any alleged improper conduct, statement or debate, does not represent our endorsement of such Member, Flirt, performer or related third-party, or their conduct or opinions, nor the accuracy, completeness, decency or legality of their behavior, statements or viewpoints. Our inclusion of such Flirt, link to Flirt Service, advertisement of performer, or reference to performer on the Site is provided merely as a convenience to you and does not imply our endorsement of, or association with, any such performer, nor their statements, opinions, or conduct. By using the Flirt Services, you expressly acknowledge and agree that you will not associate NiteFlirt with any Flirt's or Member's statements, opinion or conduct, for any reason, at any time. The opinions expressed by Members and Flirts are not the opinions of NiteFlirt (or our affiliates, subsidiaries, parent companies, managers, officers, directors, shareholders, members, owners, employees and agents).

18. Additional Rules and Guidelines for Flirts

In addition to all of the Rules and Guidelines for Members set forth in these Terms of Service, and the NiteFlirt Rules, Flirts must also read, understand, and agree to all provisions stated in this section. By becoming a Flirt, you represent and warrant that you have read this section, understand it in its entirety, and agree to each and every provision set forth herein. Speaking to an attorney before you agree to these terms and become a Flirt may help you understand your rights and duties, and we strongly recommend you do so.

True and Accurate Information: As a Flirt, you agree to provide NiteFlirt true, accurate, and complete registration, payment and contact information and will promptly update your information when applicable. You will not use false identities or impersonate any other person or use a name, image, or likeness that you are not legally and expressly authorized to use. Your Flirt account may not be shared, sold or given to any other person or entity. You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading, or false. You will not have any other person or entity pretend to be you or impersonate you in providing Flirt Services to Members.

No Minors Depicted, Impersonated, or Tolerated: You represent and warrant that none of the Content which you upload, advertise, place for sale, or otherwise market through the Site, or Flirt Services you participate in, will depict any minor below the age of majority, or will depict any adults who have not consented to the acts in which they are engaging or who have not consented to the dissemination of their images and likenesses in the form depicted. Likewise, you (or any other individual appearing in your Content or Flirt Services) will not hold yourself as being below the age of majority. In the event you believe that someone believes you to be below the age of majority, you will immediately tell the person that you are the age of majority. Upon request, you must provide to NiteFlirt written consent for the public distribution and download of the Content/Flirt Services from all persons depicted, and a copy of a valid government issued identification of all persons depicted in any and all Content and Goodies you disseminate, as required by Sections 2257/2257A of Title 18 of the US Code.

Pre-Screening and Content Moderation Policy: These Terms of Service and the NiteFlirt Rules explain what Content and Flirt Services are and are not permitted on our platform. We utilize third party content moderation technology in addition to human moderation to actively review and monitor cam services and all other content uploaded to the Site, including text, audio, images and videos. Cam sessions are monitored only to the extent necessary to ensure cam session participants comply with these Terms of Service, the NiteFlirt Rules, and applicable laws. All Content is reviewed prior to being published and regularly monitored to ensure all Content complies with these Terms of Service, the NiteFlirt Rules, and applicable laws. Any violative Content, including without limitation, Content that is harmful, unlawful, offensive, or otherwise objectionable, will be rejected and/or immediately removed from the Site. Likewise, any violative cam service, including without limitation, a cam session that transmits harmful, unlawful, offensive, or otherwise objectionable material, will be immediately terminated. The consequences to you of transmitting or attempting to transmit material in a cam session, or uploading or attempting to upload Content, that violates the NiteFlirt User Agreement may include, in our sole discretion, the issuance of a warning, termination of your account, and/or banning you from using the Site (as a Member or Flirt). If any cam session or Content involves illegal activity or the depiction of a minor we will report the monitor's findings/Content to the relevant authorities, as appropriate. Note that as a provider of third-party content, we are permitted to moderate cam sessions and Content in this fashion without being responsible for said Content or legally liable for our moderation activities. We expressly waive any and all such liability. To appeal a decision involving the moderation or removal/termination of your cam session/cam service capabilities or Content, or for inquiries related to content moderation or removal, you may contact us at support@niteflirt.com.

Intellectual Property and Record Keeping: By transmitting, posting and uploading material or Content as part of your Flirt Services, you expressly promise, assure, and warrant to NiteFlirt that you have all legally required intellectual property rights (including any necessary copyright clearances, trademark licenses, and publicity and privacy releases) and maintain all records (as required by Sections 2257/2257A of Title 18 of the US Code) necessary for you to transmit, post or sell all Flirt Services and Content which you upload, advertise, place for sale, or otherwise market through the Site; and you further warrant to NiteFlirt (notwithstanding any limitation of warranty as to your ultimate purchasers) that any such Content is merchantable and lawful for you to sell to each of your ultimate purchasers. You shall not use the Site or Flirt Services to transmit, route, provide connections to or store any material where you have not obtained the proper written consent of all parties or that you do not maintain proper records as required by Sections 2257/2257A of Title 18 of the US Code.

Your Interactions are Your Sole Responsibility: You are solely responsible for your interactions with Members and for the Content and information that you post or otherwise make available on the Site and through Flirt Services, whether publicly posted or privately transmitted, including all material transmitted using cam services. You provide Flirt Services, and consult with Members, at your own risk. We cannot ensure the security or privacy of information (including, without limitation, text, images, and videos) you provide or share through Flirt Services, so you are encouraged to take all appropriate measures to maintain your privacy and safety. We are not responsible for, and cannot control, the use of any information, by Members or anyone else, that you provide or make available to other Members through the Site. While we forbid recording of cam sessions, it is technically possible that individuals participating in streaming services might, without the other party's consent, unlawfully record, make copies of, store, re-broadcast, publish, distribute or otherwise share your broadcast online or through other channels. You assume all risk for what you broadcast in your cam sessions and other Flirt Services, keeping in mind that content posted on the internet can remain on the internet forever, and hereby release and agree to indemnify and hold NiteFlirt harmless for all actions arising out of such activities and any resulting harm, including without limitation, claims of invasion of privacy, defamation, tortious interference, and/or intellectual property infringement. If you include any third party in your Flirt Services and/or Content, you and you alone are solely responsible for compensating that third party; our sole payment responsibility is to our Flirts.

Public Information/Caution in Sharing Information. As noted in elsewhere in these Terms of Service, all information and/or content you choose to post and/or share through your Flirt Services and all Content you provide or otherwise share through the Site is considered public information. You agree to limit the personal information you share keeping in mind we cannot control the use of such information by those with whom you share your information.

No Harmful Content or Flirt Services: You may not post or transmit Flirt Services or Content that can be considered offensive, harassing, or illegal content, or that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). NiteFlirt reserves the right to determine, at its sole discretion, what constitutes offensive or harassing, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. NiteFlirt may enlist the help of third party moderation, AI and/or Members to flag content to help determine if a Flirt's conduct is harmful to the community. You will not tell any Member, nor lead them to believe, that you participate in or simulate any obscene acts including, but not limited to, bestiality, necrophilia, child molestation, child pornography, rape, urination, defecation, public sex acts, or any other obscene sex acts or illegal activity, including without limitation prostitution and human trafficking. The Site strictly prohibits engaging in, promoting, or facilitating activity that simulates or role-plays human trafficking, sex trafficking, or physical or economic abuse. If at any time you suspect that a Member is requesting you to perform an act in violation of the NiteFlirt User Agreement or applicable law, you will immediately cease to provide Flirt Services to said Member and will report them to NiteFlirt and/or the authorities.

No Unlawful Conduct; Documents of Compliance: You represent and warrant that you will not violate any applicable laws or government regulations in connection with your use of the Site or Flirt Services; and as a Flirt providing Flirt Services you will not fail to create and maintain records, label your content, and permit inspections as required by law (e.g. 18 U.S.C. §§ 2257, 2257A; 28 C.F.R. Part 75), and you will not fail to provide NiteFlirt with true and complete information in connection with your compliance, including information about the records custodian and maintenance address required on labels by law upon request (18 U.S.C. §§ 2257(e), 2257A(e); 28 C.F.R. § 75.6). You must supply to NiteFlirt, whether requested or not, prior to engaging in Flirt Services or publishing any Content, written consent for the public distribution and download of said material from all parties depicted in said material and a copy of a valid government issued identification of all individuals depicted, in accordance with Sections 2257/2257A of Title 18 of the US Code. Failure to do so will result in the suspension and/or termination of your account and will lead to the loss of all unpaid fees earned. We reserve the right to monitor cam services as stated elsewhere in the NiteFlirt User Agreement, and review your Content and reject Content that violates these Rules and Guidelines for Flirts, either manually or by using AI, or both.

No Intellectual Property Infringement: You may only use Content you have the legal right to use. NiteFlirt prohibits the unauthorized use of copyrighted materials or trademarks and the use of content where the member has not obtained appropriate consent and documentation from all parties appearing in any way, whether fully or partially, in any Content. You shall not use the Site or Flirt Services to transmit, route, or provide connections to or store any material that infringes copyrighted works, trademarks, publicity or privacy rights, or otherwise violates or promotes the violation of the intellectual property rights of any third party. In performing any Flirt Services or providing any Content, you agree to ensure that any background music or audio, at any volume, is audible only when you hold all required intellectual property rights and/or a valid, irrevocable license to use, publish and distribute said music or audio.

Advertising of Flirt Services: Any advertisement you create for the Site may only contain material that is otherwise permitted by us and the Site. You may not use Flirt Services to promote or advertise any third-party platforms, sites, or services that deliver live-streaming content. While you are free to cam on other platforms, it is prohibited to use the Site to solicit any Member(s) to utilize another product, site, or service that delivers live-streaming content.

Intellectual Property Rights in Content: With respect to Content that you exhibit or sell through the Site, you retain your pre-existing intellectual property and other rights therein, granting to NiteFlirt only such limited and non-exclusive rights and licenses reasonably necessary to permit and effectuate your sale of those items and NiteFlirt's general advertising and promotion of the Site and Flirt Services, except as may otherwise be specifically authorized in a separate written agreement.

No Other Intellectual Property Rights Transferred: Other than stated herein, NiteFlirt shall own all rights, titles, and interests in the Site, systems, and services. No copyrights, patent rights, trademarks, or other licenses are conferred herein by NiteFlirt, either expressly or by implication. As a Flirt, you understand and agree that: (i) you will have no right, title, or interest to any of the toll-free numbers, phone numbers, or extension numbers assigned to you; (ii) NiteFlirt may change your toll-free number, phone numbers and/or extension number at any time in its sole and absolute discretion; (iii) you will have no right, title, and interest to any username in connection with your use of the Site or Flirt Services; (iv) phone numbers, toll-free numbers, extensions, and Flirt usernames may be recycled by NiteFlirt to other Members or Flirts of NiteFlirt if you are not actively using them or your agreement has been terminated. Further, you hereby grant to NiteFlirt a fully-paid, worldwide, perpetual and irrevocable license to use, copy, distribute, display, or reference any Content from your account, and to edit and exploit any Content for any purpose in connection with the Site, including without limitation, your Flirt username, tags, descriptions, photos, NiteFlirt buttons, Listings, Goody Bags, Chat Cards, Feeds, phone numbers, and extensions. Other than stated herein, NiteFlirt will not distribute, share or display your Content on any third-party platform without your written and explicit consent.

No employment or Agency Relationship: You acknowledge and agree that sharing or selling Content or services on or through the Site and/or Flirt Services, accepting payment from Members or NiteFlirt, and/or entering the NiteFlirt User Agreement and/or Affiliate Agreement do not create an employment or agency relationship between either you (as a Flirt) and NiteFlirt, or any of our respective affiliates, nor is it intended to create such relationship. NiteFlirt acts only as an interface to facilitate communications initiated between Members and Flirts. As a Flirt, you are not an employee, agent, or contractor of NiteFlirt, and you shall not represent that you are any of the foregoing. You may not enter NiteFlirt into any agreements or contracts. You are solely responsible for reporting and payment of all taxes associated with fees transferred to you by NiteFlirt. Our sole payment responsibility is to our Flirts, not any third party engaged in creating or participating in a Flirt's Flirt Services or Content.

Equipment: You are solely responsible for all equipment necessary to access and use the Site, create/sell Content, and/or perform Flirt Services. It is your responsibility to provide any and all equipment (such as a laptop computer, camera, webcam, etc.) and services (such as internet service) which may be necessary or desirable in connection with your use of the Site, performing Flirt Services, or creating/selling Content, at your sole expense.

Payment for Flirt Services: By performing Flirt Services you may charge a fee for interactions with Members. NiteFlirt may retain a connection charge for Live and Recorded Calls and cam services, and will retain a commission which will be a percentage of the price chosen by the Flirt for Live Calls, Recorded Calls, Cam Services, Paid Mail, Goodies, Chat, Tributes, and Subscriptions. If you choose to allow members to subscribe to your Flirt Feed to access exclusive Content, monthly subscriptions will be credited to your account monthly for each subscriber. NiteFlirt will distribute earnings to you from your Member account in US dollar denominations by either check, ACH direct deposits, Paxum, or MassPay as designated by you in your NiteFlirt account and may charge a fee for these distributions. Details of these fees can be found HERE and details of NiteFlirt payment options can be found HERE. NiteFlirt reserves the right to change these commissions, fees and payment options at any time with or without notice to you. If you have any questions about payment or have a payment related issue, you may email us at support@niteflirt.com and we will do our best to assist.

Payment of Fees Only When Collected: The Member who initiates a transaction is solely responsible for payment of any and all fees for the transaction. NiteFlirt shall not be obligated to pay any fees for which NiteFlirt has not been fully paid by the Member or Member's credit card issuer or bank, as applicable. You hereby authorize NiteFlirt to collect payments from Members on your behalf for any and all transactions that you conduct. NiteFlirt will credit to your account the fees collected, less NiteFlirt's commissions and connection charges, any tax withholdings required by law, and any refunds, discounts, chargebacks, and chargeback fees payable by NiteFlirt. NiteFlirt reserves the right to restrict payment to a Flirt for any reason and in its sole discretion. Further, Niteflirt reserves the right to withhold issuing payment for your fees or deduct from future payment without notice on any transaction which in our sole discretion suggests that the Member or Member's bank may not fulfill his or her payment obligation or that a Member's bank, Member, or a governmental agency/department may claw back. These deductions may include without limitation chargebacks, account or billing disputes with Members, governmental orders or other deductions. Niteflirt reserves the right, in our sole discretion, to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure the integrity of the funds.

No Interaction with Non-Members: As a Flirt you agree to only provide Flirt Services and distribute Content to Members, and you will not 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 the individual on the call or in a cam session is a non-Member or there is more than one person on the call or cam. You also agree that under no circumstances will you communicate with any Member through any means other than through the Site or Flirt Services, without the express written permission of NiteFlirt.

Engage At Your Own Risk: You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Flirt Services. Involvement in our 1:1 cam service is entirely voluntary, and Flirts may offer this Flirt Service at their own volition. Flirts who initiate, engage in, receive and/or discontinue Flirt Services (cam sessions and otherwise) do so entirely at their own risk, and NiteFlirt bears no responsibility in this regard. NiteFlirt does not evaluate, provide, produce, or control the Flirt Services, or information or exchanges between Members, in any manner. NiteFlirt is not responsible for use or exchange of any information, files or goods between Flirts and Members. NiteFlirt prohibits Flirts from sharing private contact information with Members or other Flirts. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, engaging with Members, engaging in Flirt Services, in evaluating the qualifications of, and statements made by, Members in listings or through the Member feedback system, and in disclosing personal information to any Member or other Flirt. Flirts are expressly forbidden from arranging to meet with Members or users in person for any purpose whatsoever. This includes without limitation, for coffee, drinks, meals, escorting, prostitution, or any other services or interactions whatsoever. Should a Flirt agree to meet with a Member or user in person, the Flirt accepts, in addition to being terminated by NiteFlirt, all responsibility for anything that happens to the Flirt or Member including, but not limited to, any emotional, physical, legal or financial harm the Flirt, Member and/or any associated third party, may suffer. Further, Flirts indemnify NiteFlirt against any costs incurred by NiteFlirt, including but not limited to attorney fees and costs, in connection with such conduct and harm.

Waiver of All Claims: The Site is for entertainment purposes only. If you have a dispute with any Member, or suffer any harm arising out of or connected with the Site or any Flirt Services, you hereby waive all claims against and release NiteFlirt (and its subsidiaries, employees, officers, directors, shareholders, suppliers, attorneys, joint venturers, and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including without limitation arbitration, mediation, or litigation costs and attorney's fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site, any Member, any Flirt Services, or with regard to such disputes. In addition, you expressly represent and warrant that you have read the Indemnification section of these Terms of Service, understand it and agree to fully indemnify NiteFlirt pursuant to the provisions therein. If you disagree with any party of our indemnification terms, you must disengage from being a Flirt or providing Flirt Services.

Anti-Trafficking and Prostitution Policy: The site uses moderators and digital procedures (including but not limited to AI) to police and eliminate trafficking of individuals and eliminate opportunities to engage in prostitution or solicitation of prostitution activities. Further, should we notice, or suspect, any such activity we will inform local and/or federal policing agencies and cooperate with them in the prosecution of such individuals. Flirts should not attempt to meet with other Members in person for any reason whatsoever. Further, Flirts must report all Members that contact them for any illegal activity which includes, but is not limited to, solicitation for prostitution.

19. Indemnification

Your assent to these Terms of Service and NiteFlirt User Agreement includes your agreement that, to the maximum extent permitted by applicable law, you (and all individuals, agents and entities you engage with or expose to Flirt Services and/or use of the Site) will personally, fully indemnify, defend and hold harmless NiteFlirt, and its respective subsidiaries, officers, directors, employees, independent contractors, agents and representatives, and telecommunication providers, (collectively, "Indemnitees"), from and against any and all actions, demands, damages, claims, losses, expenses, costs, obligations and liabilities (including without limitation legal, court, litigation, arbitration, attorney, expert, and accounting fees) of every kind and nature, known and unknown, foreseeable and unforeseeable, disclosed or undisclosed, suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of: (i) your breach of these Terms of Service or NiteFlirt User Agreement; (ii) your use, or misuse, or inability to use the Site, Flirt Services, or any of the Content disseminated to you; (iii) any unauthorized use or access to your Member account; (iv) any litigation, arbitration, proceeding or claim by any third party relating in any way to your use of the Site, Flirt Services, or any of the Content disseminated to you, including your use or misuse of your Member account; and (v) any claim alleging that your use or misuse of the Site, Flirt Services, or any of the Content disseminated to you, infringes any third party's U.S. patent, copyright, trademark, trade secret or other intellectual property interest, was libelous, or violated any law. We shall promptly notify you by electronic mail of any such claim or suit, and you agree to cooperate fully (at your sole expense) in the defense of any such claim or suit. We reserve the right to participate in the defense of such claim or defense at your expense, however, we have the right to retain our own legal counsel at your expense, but are not obligated to do so. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of the NiteFlirt User Agreement by, or the grossly negligent or willful misconduct of, NiteFlirt or its officials, directors, employees, agents or contractors. NiteFlirt shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder. The indemnity obligations stated within this section shall survive the expiration or termination of the NiteFlirt User Agreement for four (4) years.

Should a subpoena be served on NiteFlirt by any Member, Flirt, their representative(s), or any third party, NiteFlirt retains the right to seek full compensation for the time and expense incurred by its employees and/or agents to collect and provide the sought documentation and/or responsive information. Should any Member, Flirt, and/or their agent(s), attorney(s), or other third party seek to have NiteFlirt representative(s) testify at any deposition, arbitration, and/or trial, NiteFlirt shall be entitled to at least $250/hour (or any fraction of an hour), per witness, plus any travel expenses including without limitation travel expenses, hotel expenses, and/or mileage. The estimated amount of time required for testifying and/or attending such hearing (including waiting time) shall be payable in advance of the date of such testimony. NiteFlirt shall have the right, at its sole discretion, to select the appropriate authorized representative to provide testimony. The above protocols are not intended as a waiver, and do not waive, NiteFlirt's ability to object to any subpoena and/or seek a protective order where grounds for such objection/protective order apply.

20. Arbitration; No Class Action

If there is a dispute between any user/Member/Flirt and us arising out of or otherwise relating to these Terms of Service or the NiteFlirt User Agreement, and the amount demanded in said dispute exceeds $1,000, both parties shall first meet and negotiate in good faith to attempt to resolve the dispute. This meeting shall be within 60 days from the date the other party is informed of any violation. This meeting can be via video conference or telephone conference. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of JAMS or Judicate West. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation. The arbitration shall be conducted in San Francisco, California, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The decision of the arbitrator shall be final and unappealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms of Service or NiteFlirt User Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. Arbitration shall be in person. You and we shall equally share the costs of arbitration. The prevailing party shall be entitled to reimbursement for costs and reasonable attorneys' fees up to the maximum amount of $10,000. A party that does not contribute their share of the arbitration costs at the times and deadlines provided by JAMS or Judicate West shall be precluded from participating in arbitration and, to the maximum extent allowed by law, waives their rights including without limitation to any attorney fees and costs. TO THE EXTENT ALLOWED BY LAW, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

Notwithstanding anything to the contrary, NiteFlirt, you, or any other party/Member to the arbitration may at any time seek an injunction or other form of equitable relief from any court of competent jurisdiction.

All claims, whether in arbitration or otherwise, must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON.

For any claim in which the amount disputed is at or under $1000, the party bringing the dispute must first provide: (i) a written notice to the other party describing the particulars of the dispute and (ii) a thirty (30) day waiting period in which the other party has the opportunity to cure the dispute. If no resolution is reached during the cure period, thereafter, the dispute shall be filed in the Small Claims Division of the Superior Court of California, County of San Francisco. You expressly agree and consent to the exclusive jurisdiction of the Superior Court of California for this limited purpose, and further consent to and agree that the venue of any dispute claiming $1000 or less brought under these Terms of Service shall be exclusively in the County of San Francisco.

In any arbitration or action described above, you understand that NiteFlirt is expressly permitted to use as evidence any captured data, recording, screenshot, frame, and all other such information, including without limitation third party monitoring information, in prosecuting its claim or defense.

21. Disclaimers

The Site is a Member-driven interactive platform with content provided by individual Members (which by definition includes Flirts). Under Section 230 of the Communications Decency Act (47 U.S.C. § 230 et seq), we are shielded from liability for any legal suit in connection with materials provided or published through the Site, Flirt Services or Content. As specified elsewhere, we operate an online platform only and shall not be considered the publisher or speaker of any material provided by a Flirt or Member, including without limitation, through Content and/or Flirt Services (including cam services). With respect to any Flirt Services that you elect to engage with through the Site, you acknowledge and agree as follows: (i) that we are neither the creator nor source of the material conveyed; (ii) that we simply offer a platform for Members and Flirts to engage and interact through approved Flirt Services; (iii) the Member or Flirt who posted the applicable material, Flirt Service or Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to such material, Flirt Service or Content; (iv) each Member's purchases or use of Flirt Services or Content is solely at each applicable Member's own risk; and (v) you forever release NiteFlirt, specifically including again our affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys from any and all claims and liabilities associated with, arising from, or in any way relating to material transmitted, communicated, shared or otherwise disseminated on or through this Site.

NiteFlirt does not itself provide any information, entertainment services or other products or services, nor verify, guarantee, or make any representations regarding the identity or qualifications of any Member or Flirt. Further, NiteFlirt does not make editorial or managerial decisions concerning Flirt Services, Goodies or Content, sexually explicit or otherwise, except that NiteFlirt reserves its right to act as specified in Section 512 of Title 17 and Section 230(c)(2)(A) of Title 47 of the United States Code and to determine at any time, in its sole discretion, whether and to what extent to do so.

The Site and any Flirt Services obtained through the Site are provided "AS IS" with no warranty of any kind. NiteFlirt expressly disclaims all warranties, express or implied, regarding the Site, Flirt Services, Content, and all communications between Members made through the site, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. In addition, NiteFlirt makes no representation or warranty that the operation of the Site will be error-free.

WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR FLIRT SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SITE/FLIRT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL INCLUDING WITHOUT LIMITATION, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A COMPUTER, SERVER, OR SOFTWARE (INCLUDING OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE FLIRT SERVICE OR SITE'S PERFORMANCE.

The contents of this Site are protected by copyright and may not be copied or otherwise reproduced without NiteFlirt's written permission except as expressly set forth above. You may not publish, or create derivative works from the contents of the Site for any public or commercial purpose. NiteFlirt 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 and Speak to Your Desire.

Under no circumstances will NiteFlirt be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Site or Flirt Services, whether or not NiteFlirt has been advised of the possibility of such damages. Without limiting the generality of the foregoing, NiteFlirt and its suppliers' aggregate liability to you arising with respect to this agreement will not exceed the greater of (a) the total fees actually earned by NiteFlirt from you (after payments to Members and other third parties) in the previous twelve (12) months, and (b) one hundred dollars ($100). NiteFlirt will not be liable for the consequences of any interruptions or errors.

NiteFlirt reserves the right (but does not have an obligation) to contact any Member or Flirt in its sole discretion and/or to review account activity with or without revealing Member or Flirt identity, in order to evaluate compliance with the rules and guidelines set forth in this Terms of Service and to take other action as set forth in the Privacy Policy and other parts of the NiteFlirt User Agreement.

22. Miscellaneous

If any provision of these Terms of Service or the NiteFlirt User Agreement is held to be invalid or unenforceable, the provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. NiteFlirt's failure to act with respect to a breach by you or others does not waive NiteFlirt's right to act with respect to subsequent or similar breaches. The failure of NiteFlirt to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These Terms of Service and the NiteFlirt User Agreement shall be governed by and interpreted in accordance with the laws of the State of California, excluding its conflict of laws provisions, and you irrevocably submit to this jurisdiction. The parties agree to the exclusive jurisdiction of the courts of the State of California for disputes claiming $1000 or less and further agree that the venue of any such action shall be brought exclusively in the County of San Francisco. The parties acknowledge that these Terms of Service and NiteFlirt User Agreement evidence a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in these Terms of Service and NiteFlirt User Agreement. In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of these Terms of Service, or relating in any way to the NiteFlirt User Agreement, including without limitation your breach or threatened breach of NiteFlirt User Agreement, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal, up to the maximum amount of $10,000. If a party fails to first negotiate the dispute or fails to participate in arbitration, that party waives its right to attorney's fees and costs.

Phew! You're done! Thanks for taking the time to read our Terms of Service. Why don't you reward yourself by giving one of our Flirts a call. If you have any questions drop us a note at support@niteflirt.com.

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