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These terms & conditions (the "Terms") set forth the legally binding terms for the use of the website located at fling2night.com (the "Website"), its content and services and for the contractual relationship between Mountain Top Digital A.G. ("we", "our" or "us") and you, and are the integrative part of the contractual relationship between you and us. By accepting these Terms, you represent and warrant that you have the right, authority and capacity to enter into the contractual relationship with us on behalf of yourself.
You must read these Terms in full. A few of the important points are mentioned in this section 1:
If you are under 18-years old and the age of majority where you reside, unfortunately you can't use the Website yet because it's a meeting place for adults only.
To learn about online safety, please visit Get Safe Online.
If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You must take responsibility for what you post.
You continue to retain any ownership rights that you may have in your content that you post on or through the Website, subject to the limited license. Regarding the nature of this limited license and our rights thereunder, please refer to section 6.1.a.
We use fictitious profiles to stimulate interaction and conversations among users like stated in our disclaimer.
If you are concerned about how we are using your personal data, please refer to the Privacy Policy. It will tell you what you need to know. We may change these Terms on one or more occasions, but changes will not apply to ongoing disputes or to disputes arising out of events happening before the posted changes.
2.1 The Website is a digital entertainment service for adults designed as a forum for meeting new people, a place to have discussions of a sexual nature, and to share photos and other information. It is intended to be a fun place to visit, and it is important to us (and for you) that it remains a safe and friendly environment so you must only use the Website in a manner consistent with its purpose and in accordance with these Terms and applicable laws.
2.2 The Website may contain uncensored sexually explicit material unsuitable for minors. Only adults who are at least 18-years old and who have reached the age of majority where they reside may access this Website. If you do not meet these age requirements, you must not access this Website and must leave now.
2.3 By accessing the Website, registering for an account, or purchasing tokens or a gold membership, you state that the following facts are accurate:
(2.3.a) You are at least 18-years old, have reached the age of majority where you reside, and have the legal capacity to agree to these Terms;
(2.3.b) You are not offended by pornographic content, including graphic visual depictions of sexual activity and nudity;
(2.3.c) You acknowledge that profiles on the website are fictitious and they have been created only to exchange messages with users and therefore real-life meetings with these fictitious profiles are therefore not possible.
(2.3.d) You access the Website voluntarily and for your own personal enjoyment;
(2.3.e) Your use of the Website is not prohibited or restricted by your jurisdiction;
(2.3.f) You have complied with and will continue to comply with the laws of the jurisdiction from which you access the Website;
(2.3.g) All information and data that you submit when you register is accurate, and you will promptly update any information and data that you provide that later becomes inaccurate;
(2.3.h) You will not share the Website or its content with a minor or otherwise make it available to a minor; and
(2.3.i) By logging on, you will have released and discharged the providers, owners, and creators of the Website from all liability that may arise to the extent permitted by applicable laws.
3.1 Account Creation
To fully access the Website, you must register. Registration is free and for a single user only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You also must choose a password and a username.
3.2 Responsibility for Account
You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other breach of security.
3.3 Liability for Account Misuse
We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another person due to someone else using your account or password.
3.4 Use of Other Accounts
You must not use anyone else's account at any time.
3.5 Account Security
We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized third parties will never be able to defeat the Website's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
4.1 Who can use the Website?
Anyone who satisfies the eligibility requirements set out in section 2.3.
4.2 Do I have to pay to use the Website?
You must purchase digital tokens, also called "tokens", to access some of the features and services available on the Website, like sending messages to other users.
4.3 What kind of content may I post on the Website?
You may post photos and text. But there are some rules about what is acceptable, so when you are using the Website you must not post anything that:
(4.3.a) Contains expletives or language that could be considered offensive or is likely to harass, upset, intimidate, embarrass, alarm, or annoy any other person;
(4.3.b) Is obscene or otherwise may offend human dignity (including bestiality, child pornography, and incest);
(4.3.c) Is abusive, insulting, or threatening, or that promotes or encourages racism, sexism, hatred, bigotry, or physical harm of any kind against any group or individual;
(4.3.d) Requests money from, or is intended to otherwise defraud, other users of the Website;
(4.3.e) Encourages any illegal activity, including prostitution, terrorism, inciting racial hatred, or the submission of which in itself amounts to committing a criminal offense;
(4.3.f) Is defamatory, libelous, or promotes information that is false or misleading, or otherwise objectionable;
(4.3.g) Relates to commercial activities, including sales, competitions, sweepstakes, advertising, pyramid schemes, links to other websites, or premium line telephone numbers;
(4.3.h) Involves the transmission of "junk mail," "chain letters," or "spam" (or "spimming," "phishing," "trolling," or similar activities);
(4.3.i) Shows another person, which was created or distributed without that person's consent;
(4.3.j) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(4.3.k) Provides material that exploits people in a sexual, violent, or other illegal way, or solicits personal information from anyone under 18-years old or the age of majority;
(4.3.l) Provides instructional information about illegal activities, including making or buying illegal weapons or drugs; violating someone's privacy; or providing, distributing, or creating computer viruses;
(4.3.m) Contains any spyware; adware; malware; ransomware; viruses; corrupt files; worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment; Trojan horse; or any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from the Website or otherwise;
(4.3.n) Impersonates, or otherwise misrepresents affiliation, connection, or association with, any person;
(4.3.o) Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships, including inside, proprietary, or confidential information;
(4.3.p) Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users can type, or otherwise negatively affects other users' ability to engage in real time exchanges;
(4.3.q) Solicits passwords or personally identifying information for commercial or unlawful purposes from other users, or distributes another person's personal information without his or her permission;
(4.3.r) Offers money or other consideration in exchange for sex;
(4.3.s) Promotes an illegal or unauthorized copy of another person's copyrighted work, including providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio, or video, or links to pirated images, audio, or video; or
(4.3.t) Itself, or the posting of which, infringes any third party's rights, including intellectual-property rights and rights of privacy and publicity.
Please use your common sense when picking the content that you choose to post or send through the Website because you are solely responsible for, and bear all liability in relation to, that content. We may investigate and take appropriate legal action against anyone who breaches this section 4.3, including removing the offending content from the Website and terminating or suspending the account of any violators.
4.4 Are there any rules about personal information like my email address?
You should not display any personal contact or banking information on your individual profile page whether about you or any other person, including names, home addresses, zip codes, telephone numbers, email addresses, URLs, and credit/debit card or other banking information. If you choose to reveal any personal information about yourself to other users, you do so at your own risk. You acknowledge that any person visiting the Website may view any content you post on the Website. You acknowledge that we are not responsible for, and cannot control, the use by others of any information you provide about yourself on or through the Website. We encourage you to use the same caution in disclosing details about yourself to people online as you would under any other circumstances.
4.5 What about other people's personal information, can I use it?
(4.5.a) No. The Website is for personal use only. You will not use the Website for any commercial endeavors, including (1) advertising or soliciting any user to buy or sell any products or services that we do not offer, or (2) soliciting others to attend parties or other social or networking functions for commercial purposes. You will not use another user's personal information unless your use matches the Website's purpose of allowing people to meet one another. You will not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Organizations, companies, or businesses will not use the Website or its services for any purpose.
(4.5.b) We may terminate your account if you misuse other users' personal information. In addition, we may investigate and take any available legal action in response to illegal or unauthorized uses of the Website, including collecting usernames or email addresses of users by electronic or other means for sending unsolicited email and unauthorized framing of or linking to the Website. If you suspect someone is engaging in these types of activities, please email us at support@fling2night.com.
4.6 Some of my friends want to see all the profiles I'm chatting with. Can I tell them my login details and let them log on as me? The short answer is no. Only you are authorized to access your account on the Website. You must not share your login details with anyone or let anyone else access your account as this jeopardizes the security of all the content and personal information that you have submitted to the Website. You are responsible for keeping your login details secret and secure. If you don't, we will not be liable for any unauthorized access to your account. If you suspect that someone has gained access to your account, you must let us know promptly by emailing us at support@fling2night.com and telling us of your suspicions or concerns. You must also promptly change your login details. We may terminate your account if you breach our rules on keeping your login details secure.
4.7 Who can see the content that I post on the Website?
When you upload content to the Website, any other user may access or view it. If you do not want other users to see your content, you should not upload it to the Website. We may remove, edit, limit, or block access to any content that you upload or submit to the Website at any time without notice. We are not required to display your content. By using our Website, users do not acquire any right to have the accuracy of content created by users verified or to have their own use or the use of the Website by other users monitored in any way.
5.1 Do you restrict the number of messages I can send in a 24-hour period?
We do not impose any restrictions on the number of messages you can send in a 24-hour period. But we may in the future restrict the number of messages that you can send to other users in any 24-hour period to a number that we consider appropriate.
5.2 We do not verify the accuracy of statements made by Users. We are not making any warranty about the conduct of Users or those acting on their behalf. We recommend that you take reasonable precautions in all communications/interactions with other Users of the Service. We also recommend that you consider the following online dating safety tips:
Anyone who can commit identity theft can also falsify a dating profile.
Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your Internet profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.
To learn more about online safety, visit Get Safe Online.
5.3 Do you monitor the Website?
(5.3.a) You acknowledge that you may be exposed to content from a variety of sources while using the Website and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for that content. You further acknowledge that you may be exposed to content that is inaccurate, offensive, obscene, indecent, or otherwise objectionable, and you waive any rights or remedies you might have against us for this exposure.
(5.3.b) As provided by applicable laws, we will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content or engaging in conduct in breach of these Terms. Therefore, we are not liable for any claims you might have against - including our affiliates, licensees, and service providers - resulting from any action taken by us during or because of our investigations and from any actions taken because of investigations by either us or law enforcement authorities.
5.4 Can I hold you responsible for the conduct of another user?
No. We are not responsible for the conduct of any user. We will not be liable to you for any losses or damages arising out of or relating to the conduct of you or anyone else in using the Website or the service. We also will not be liable to you for any losses or damages resulting from communications or meetings with other users or persons you meet through the Website. You acknowledge that we are not making any guarantees - either express or implied - about your ultimate compatibility with anyone on the Website.
5.5 What if I have a dispute with another user?
Feel free to let us know about the dispute by contacting us at support@fling2night.com. If the dispute arises from breaches of section 4.3 above or section 5.6 below, we may investigate and take appropriate legal action against anyone who breaches these sections, including removing the offending content from the Website and terminating or suspending the account of any violators. If, as a result, the dispute is still not resolved or if the dispute is based on other grounds, we cannot intervene in the dispute and you have to refer to the competent law authorities. In no way we are liable for damages arising out of disputes between you and other users or third parties.
5.6 What type of activities does the Website prohibit so I do not accidentally cross the line?
We may investigate or terminate your account if you have misused the Website or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Website, but involve users you meet through the Website. The following is a partial list of the type of actions that you must not engage in concerning the Website or its services. You must not:
(5.6.a) Verbally abuse other users;
(5.6.b) Pretend you're someone you're not;
(5.6.c) Solicit money from any users;
(5.6.d) Upload tasteless or obscene material;
(5.6.e) Do anything illegal on the Website;
(5.6.f) Spam our users;
(5.6.g) Post photos of your children;
(5.6.h) "Stalk" or otherwise harass any person;
(5.6.i) Express or imply that we endorse any statements that you make;
(5.6.j) Ask or use users to hide the identity, source, or destination of any illegally gained money or products;
(5.6.k) Use any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website, its services, or its content;
(5.6.l) Collect usernames or email addresses of users by electronic or other means to send unsolicited email or unauthorized framing of or linking to the Website;
(5.6.m) Interfere with or disrupt the Website or the servers or networks connected to the Website;
(5.6.n) Email or otherwise send any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(5.6.o) Forge headers or otherwise manipulate identifiers to disguise the origin of any information sent to or through the Website (either directly or indirectly through use of third-party software);
(5.6.p) "Frame" or "mirror" any part of the Website without our advance written consent;
(5.6.q) Use meta tags, code, or other devices containing any reference to us or the Website (or any trademark, trade name, service mark, logo, or slogan of ours) to direct any person to any other website for any purpose;
(5.6.r) Change, adapt, sublicense, transfer, sell, reverse engineer, decipher, decompile, or otherwise disassemble any part of the Website or any software used on or for the Website, or cause others to do so; or
(5.6.s) Post, use, send, or distribute - directly or indirectly - any content or information obtained from the Website other than solely for your use of the Website in accordance with these Terms.
6.1 Once I have uploaded content on the Website, do I still own it?
(6.1.a) We do not claim any ownership rights in the content that you post on or through the Website. After making a submission to the Website, you continue to retain any ownership rights that you may have in your content, subject to the limited license described in this paragraph. By making a submission, you hereby grant us a perpetual, nonexclusive, fully-paid, royalty-free, sublicensable, transferable, worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, rent, resell, and distribute your submission through the Website, in all media now known or later created and in any other way in our sole discretion. The license you grant us is nonexclusive (meaning you are free to license your contribution to anyone else besides us); fully-paid and royalty-free (meaning that we are not required to pay you for the use of your contribution to the Website); sublicensable (so that we can use our affiliates, subcontractors, and other partners, including Internet content delivery networks and wireless carriers to provide the services); and worldwide (because the Internet and the Website are global in reach).
(6.1.b) By posting or sending content on or through the Website, you state that the following facts are accurate:
(6.1.b.i) You own or have the necessary right to use and authorize us to use all copyrights, patents, service marks, trademarks, trade secrets, and any other proprietary rights in the submission to allow inclusion and use of the submission in the way contemplated by the Website and these Terms;
(6.1.b.ii) Your submission does not infringe any intellectual property or privacy rights of any other person or threaten the personal safety of any person;
(6.1.b.iii) You are not posting any content depicting any person under 18-years old or the age of majority where you reside; and
(6.1.b.iv) You have a signed written consent or release for each identifiable person (other than you) in the submission to use their name or likeness to allow inclusion and use of the submission in the way contemplated by the Website and these Terms.
(6.1.c) We may disclose your identity or other information about you to any person who claims that any content posted or uploaded by you to the Website infringes that person's intellectual property rights, right to privacy, or any other law.
6.2 Whom does the rest of the content on the Website belong to then?
(6.2.a) The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, and the design, selection, and arrangement of it) are owned by us, our licensors, or other providers of these material and are protected by Swiss and, if applicable, international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.
(6.2.b) These Terms allow you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
(6.2.b.i) Your computer may temporarily store copies of these materials in RAM incidental to your accessing and viewing these materials.
(6.2.b.ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(6.2.b.iii) You may print one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
(6.2.b.iv) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by our end user license agreement for those applications.
(6.2.b.v) If we provide social media features with certain content, you may take those actions as are allowed by the social media features.
(6.2.c) You must not do any of the following:
(6.2.c.i) Modify copies of any materials from the Website.
(6.2.c.ii) Use any illustrations, photos, video, or audio sequences, or any graphics separately from the accompanying text.
(6.2.c.iii) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
(6.2.c.iv) Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(6.2.d) If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your license to access the Website will terminate and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you; we reserve all rights not expressly granted here.
Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
6.3 May I use any of the content that doesn't belong to me?
No. Except for what you submit to the Website, you do not have any rights to the content on the Website, and you must not use any content in any way that may infringe any other person's rights. This means that you must not copy, modify, adapt, distribute, publish, or sell any part of the Website or the content contained on it (other than content you submit) to anyone else. You must not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
7.1 What can I buy on the Website?
Certain features of the Website require the purchase of tokens. For example, to send messages, you need to purchase a credit bundle. All payments are one-off and non-recurring. You can purchase tokens after you register. Once you have paid for tokens, they are nonrefundable.
For the purchase price of tokens and payment methods please refer to the Pricing List.
7.2 What happens if there is a billing error?
If you believe that you have been erroneously billed, you must notify us in writing of that error no later than 30 days after that billing error first appears on your billing statement. If you fail to notify us in writing of a dispute within this 30-day period, you waive any disputed charges. You must submit any billing disputes in writing to support@fling2night.com and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
7.3 Can I get a refund if I am not satisfied with the service?
Tokens that are purchased and not used, can be refunded within 14 days. Please fill in the following form and send it per email to support@fling2night.com: Download the form here. In all other circumstances, if you believe exceptional circumstances exist, please email us at support@fling2night.com and explain the exceptional circumstances that you believe merits a refund. We are not making any promise that we will give you a refund. If we give you a refund, we will issue the refund in the form of a credit to the credit card you used for your purchase. We will not issue refunds in the form of cash, check, or free services unless required by law.
8.1 Will I really hookup using the Website?
The Website is a digital fantasy service for adults. The profiles are provided for the entertainment of our users. It is not the intent of the Website to establish real-life contact between users of the Website. We are not making any guarantee that you will find a date, that you will meet any of our users in person, or that any given person or profile manifested on the Website is available or interested in dating or communicating with you or anyone else.
8.2 Does the Website use fictitious profiles?
Yes, we use fictitious profiles for testing behavioral/social studies and for entertainment purposes. The profiles posted on the Website are fictitious and are associated with our digital fantasy entertainment service. This digital fantasy ("DF") service is part of our efforts to stimulate conversation with users to encourage further and broader participation in all the Website's services.
(8.2.a) Initial messages from our DF service may be automatically generated with no human involvement, and third-party contractors hired or contracted by us may generate messages or correspondence from then on. The DF service is also intended to proactively monitor user activities and communications to ensure compliance with these Terms.
(8.2.b) You acknowledge that the information, text, and pictures contained in the DF service profiles do not pertain to any actual person but are included for digital entertainment purposes only. Nothing contained in any DF service profile is intended to describe or resemble any real person-living or dead. Any similarity between DF user profile descriptions and any person is purely coincidental.
(8.2.c) A single DF may be associated with more than one profile on the Website.
8.3 Is there anything else I need to know about the DF service?
(8.3.a) On one or more occasions, DF profiles may contact users through computer-generated messages to encourage further or broader participation in the Website's services or to monitor user activity. These messages may be transmitted to multiple recipients at the same time.
(8.3.b) You acknowledge that no physical meeting will ever take place between you and the individuals providing our DF service and that the exchange of messages between you and the DF is for digital entertainment purposes, as well as to encourage further or broader participation in the Website's services or to monitor user activities. We do not guarantee that you will receive a response to any message you send to a DF or any other user.
(8.3.c) Nothing contained in this section 8 will create any right to, or expectation of, interaction between users and DF profiles or the individuals creating DF profiles. You should direct any question regarding the DF service and participation on the Website to us at support@fling2night.com.
9.1 Do you guarantee that the Website will always be up and running?
Unfortunately, we can't guarantee that because sometimes we must carry out maintenance to the Website or it may be affected by a fault or circumstance outside our control, so we provide the Website "as is" and "as available." We are not making any warranty about the quality, accuracy, functionality, availability, or performance of the Website. We may suspend, withdraw, or change the service provided on the Website without notice and without incurring any liability to you. If we withdraw our services, we will give you a refund for unused tokens by issuing the refund in the form of a credit to the credit card you used for your purchase.
9.2 What about mobile access?
(9.2.a) You are responsible for making all the necessary arrangements to make sure you can access the Website (including Internet provider and mobile Internet provider fees, and any other charges associated with that access). We will not be liable for any reduced functionality you may encounter because of or in connection with accessing the Website through mobile services or any similar service currently known or developed in the future.
(9.2.b) By accessing the Website or agreeing to receive messages or notifications from the Website through your mobile phone or any other connected media device, you acknowledge that you may incur charges from your Internet or mobile service provider. We will not be liable to you for those charges under any circumstances.
9.3 I'm not registered and I can't seem to access some content on the Website. Why is that?
Nonregistered users can access only that part of the Website that is publicly available. Nonregistered users will not have a profile or the ability to upload any content. The extent of registered users' access to the Website will depend on meeting certain criteria relating to their profile or whether they have purchased tokens. We may change the criteria on one or more occasions without notice.
10.1 My profile has disappeared and I can't log in. What's going on?
Sometimes people forget about the Terms and post content or act in a way while on the Website that is not consistent with the purpose of the Website. If we think that you may be one of those people, we may at any time and without notice:
(10.1.a) Suspend or cancel your account and your right to access or use the Website or submit any content to the Website; and
(10.1.b) Make use of any operational, technological, legal, or other means available to enforce the Terms (including blocking specific IP addresses).
10.2 They say that you can have too much of a good thing… What do I do if I want to "remove" myself from the Website?
If you have registered with the Website, you can find the option to delete your account on the settings page. Your account is immediately deleted and you will receive a confirmation by email. Please consider the fact that deleting your account is permanent: matches, messages, and tokens will be lost forever.
Warning: Content that you have uploaded to the Website, other than your profile (for example messages), may still appear on the Website after you delete your account.
11.1 Someone is not obeying the Terms, whom do I tell?
You can report any abuse or complaint about content on the Website by contacting us at support@fling2night.com and outlining the abuse or complaint.
11.2 Someone is infringing my copyright; how do I report it?
We respect the intellectual property rights of others and expect users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(11.2.a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(11.2.b) identification of the copyrighted work claimed to have been infringed;
(11.2.c) 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 us to locate the material;
(11.2.d) your contact information, including your address, telephone number, and an email address;
(11.2.e) a statement by you that you have 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
(11.2.f) a statement that the information in the notification is accurate, and a document which proves that you are authorized to act on behalf of the copyright owner.
To report copyright infringement, please email us at support@fling2night.com.
We process information in accordance with the Privacy Policy. For more information about how we collect, use, disclose, transfer and store your personal data, please review the Privacy Policy. By using the Website, you consent to the data processing as set out in the Privacy Policy.
The Website may contain advertisements, promotions, or links to other websites, resources, and purchase opportunities provided by third parties. We provide these advertisements, promotions, and links to you for your information only. If you access these advertisements, promotions, or links, you may be directed to third-party websites. These third-party websites will have their own Terms and privacy policies, which may differ from ours. Our display of advertisements, promotions, or links to third-party websites does not constitute an endorsement by us of any of the third-party content, information, websites, or resources provided.
For the content and availability of third-party websites, the operators of these third-party websites are solely responsible. Please understand that we have no control over them, and we accept no liability in connection with the third-party websites, and we expressly disclaim all third-party content that may be relevant under criminal or liability law.
14.1 I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?
No. If you act in a way that upsets other users, you will be responsible for the consequences. We will not be liable for your conduct or the conduct of any other user of the Website, and we will not be liable for content uploaded by you or by any other user.
14.2 My friend is a lawyer and says that you can't exclude liability for everything…
Nothing in these Terms limits or excludes our liability for:
(14.2.a) Death or personal injury caused by our proven gross negligence or willful and wanton misconduct; or
(14.2.b) Any liability that cannot be limited or excluded by law.
14.3 Okay, so what can't I sue you for?
(14.3.a) Disclaimers
(14.3.a.i) You acknowledge that the Website includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect our opinion. We cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. We will not be liable to you or any third party for the content or accuracy of any materials provided by any third parties.
(14.3.a.ii) You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on the Website, or on any website linked to the Website.
(14.3.a.iii) You assume all risk when using the Website, including all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. We do not make any guarantee about the conduct of our users, information provided by users, or users compatibility with you. You acknowledge that not all users are available for matching and that we may create test profiles or accounts to monitor the operation of the Website.
(14.3.a.iv) Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. We provide the Website, its content, and any services or items obtained through the Website "as is," "with all faults," and "as available," without making any warranty, either express or implied. In particular, we are not making any warranty (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that our Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations. Nor do we make any warranty about any content submitted by any user, any third party's use of the content that you submit, or that we will make available or store on the Website any content you submit.
(14.3.a.v) We are not making any warranty - whether express, implied, statutory, or otherwise - including any warranty of merchantability, title, noninfringement, privacy, security, or fitness for a particular purpose.
(14.3.b) Limit on Liability
We will not be liable to you for any of the following:
(14.3.b.i) Errors, mistakes, or inaccuracies of content;
(14.3.b.ii) Personal injury or property damage resulting from your access to and use of the Website;
(14.3.b.iii) Content (including user-generated content) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
(14.3.b.iv) Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
(14.3.b.v) Interruption or cessation of transmission to or from the Website;
(14.3.b.vi) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code and technologically harmful material that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
(14.3.b.vii) Incompatibility between the Website and your other services, hardware, or software;
(14.3.b.viii) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
(14.3.b.ix) Loss or damage of any kind incurred because of the use or misuse of or inability to use the Website or its content posted, emailed, sent, or otherwise made available through the Website.
(14.3.c) Exclusion of Damages; Remedy
(14.3.c.i) Unless caused by our gross negligence or our willful misconduct, we will not be liable to you for any damages (including, but not limited to, direct, indirect, special (including so-called consequential damages), statutory, punitive damages) arising out of your access or your inability to access the Website or the content, whether based on contract, tort or any other legal ground.
(14.3.c.ii) Subject to the mandatory law provisions, we also will not be liable to you for any damages, including, but not limited to (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content.
(14.3.c.iii) The exclusions set out in section 14.3(c)(i) and section 14.3(c)(ii) apply regardless of theory of liability and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
(14.3.c.iv) If you are dissatisfied with the Website or have any other complaint, please send us an email to support@fling2night.com. We will contact you in order to satisfy your complaints. Please note that in the most cases the only remedy is to stop using the Website. Subject to the mandatory law provisions, our maximum liability to you for any claim will not extend EUR 100.-.
(14.3.d) Scope of Disclaimers, Exclusions, and Limits
The above disclaimers, exclusions, and limits apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits might not apply to you.
15.1 In General
You must pay us for any loss of ours that is caused by your
(15.1.a) access of the Website;
(15.1.b) conduct on or off the Website;
(15.1.c) breach of these terms;
(15.1.d) actual or alleged infringement or violation of rights of another person, including intellectual property and privacy rights
(15.1.e) actual or alleged violation of law; or
(15.1.f) actual or alleged negligent, intentional, or criminal conduct, including engaging in fraudulent or deceptive conduct.
But you are not required to pay if the loss was caused by our actual intentional misconduct.
15.2 Definitions
(15.2.a) "Loss" means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including costs of the proceedings, fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes any damage of any nature.
(15.2.b) A loss is "caused by" an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
15.3 Our Duty to Notify
We will notify you before the 15th business day after we know or should reasonably have known of a claim for a loss that you might be obligated to pay. But our failure to timely notify you does not terminate your obligation, except if that failure prejudices your ability to mitigate losses.
15.4 Legal Defense of a Claim
We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. If we direct you to control the defense, you will not settle any litigation without our written consent if the settlement (1) imposes a penalty or limitation on us, (2) admits our fault, or (3) does not fully release us from liability. You and we will cooperate with each other in good faith on a claim.
15.5 No Exclusivity
Our rights under this section 15 do not affect other rights we might have.
The owner of the Website is located in Switzerland. Reasonable efforts have been undertaken to ensure that the Website is compliant with Swiss law. However, we are not making any statement that the Website or any of its content is accessible or appropriate outside of Switzerland. Access to, and use of, the Website and its content may not be legal by certain persons or in certain countries. Please check what is the legal situation in your jurisdiction and do not access and use the Website and its content if your jurisdiction prohibits it.
17.1 All matters arising out of or relating to the Website or these Terms are governed by the substantive laws of Switzerland - with the exclusion of its conflicts of law rules and the Vienna Convention on the International Sale of Goods, dated April 11, 1980 - subject to the exemptions provided by applicable mandatory law provisions.
The purpose of these Terms is providing services and not a “sale of goods”.
17.2 Except for disputes subject to arbitration, the following venues apply:
(17.2.a) for claims brought by you: the court at the domicile or registered office of one of the parties. If you are not resident in Switzerland, you may in addition bring a claim at your habitual place of residence.
(17.2.b) for claims brought by us: the court at your domicile.
17.3 For purposes of this section 17, the Website will be deemed solely based in Switzerland and will be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in any other jurisdiction.
18.1 In General
Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met its duties under these Terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to the Website or these Terms.
18.2 Mediation
If the parties cannot settle a dispute arising out of or relating to the Website or these Terms through negotiation after 30 days, either party may and must not, by notice to the other party and the International Chamber of Commerce (ICC), demand mediation under the ICC Mediation Rules. Unless the parties agree otherwise in writing, mediation will take place in Switzerland and the language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.
18.3 Arbitration
(18.3.a) Procedure
If the parties cannot settle a dispute through mediation, the parties may settle any unresolved dispute arising out of or relating to the
Website or these Terms, as an alternative to the ordinary courts, by binding arbitration administered by the ICC in accordance with the Rules of Arbitration of the International Chamber of Commerce. A single arbitrator will preside over the arbitration.
(18.3.b) Location
Unless the parties agree otherwise in writing, the arbitration will take place in Switzerland.
(18.3.c) Fees
Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration.
(18.3.d) Award
The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award damages limited or excluded in these Terms. In accordance with section 18.6, the arbitrator's award will include the costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses.
The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
(18.3.e) Confidentiality
Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these Terms without the advance written consent of both parties.
18.4 Recovery of Expenses
In any proceedings between the parties arising out of or relating to the Website or these Terms, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings. For purposes of this section 18.4, "prevailing party" means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party.
18.5 Jury Trial Waiver
If the laws of your jurisdiction provide for the right to a trial by jury, the following shall apply: Both parties hereby waive the right to a trial by jury for any claim arising out of or relating to the Website or these Terms. Either party may enforce this waiver up to and including the first day of trial.
18.6 Class Action Waiver
If the laws of your jurisdiction provide for a class action or comparable actions, the following shall apply: The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither party will try to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written of all parties to all affected arbitrations or proceedings.
18.7 Limitation on Time to File Claims
A party will not file a claim arising out of or relating to the Website or these Terms more than one year after the cause of action arose. Any claim brought after one year is barred. However, the claims in connection with the personal injury or death of a person may be brought three years after the date on which the injured party became aware of the damage.
19.1 Entire Agreement
These Terms, including the Privacy Policy, Pricing List and other documents available on the Website, constitute the entire agreement between you and us about your access to the Website. It supersedes all earlier or contemporaneous Terms between you and us about access to the Website. A printed version of these Terms will be admissible in any proceedings arising out of or relating to the Website or these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
19.2 Copy of these Terms
You may - and we recommend that you - print these Terms on your printer or save them to your computer. If you are having trouble printing a copy, please email us at support@fling2night.com and we will email you a copy.
19.3 Changes
We may change these Terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the "last updated" date stated at the top of these Terms. Changes will not apply to continuing disputes or to disputes arising out of or relating to events happening before the posted changes. While we will try to notify you when we make changes to these Terms, we do not assume an obligation to do so, and it is your responsibility to frequently check the Website to review the most current Terms. By continuing to use the Website after we post changes to these Terms, you agree to the revised Terms. If you do not agree to the revised Terms, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at support@fling2night.com.
19.4 Assignment and Delegation
We may assign our rights or delegate any performance under these Terms without your consent. You will not assign your rights or delegate your performance under these Terms without first obtaining our advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section 19.4 is void.
19.5 No Waivers
The parties may waive any provision in these Terms only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under these Terms, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
19.6 Severability
The parties intend as follows:
(19.6.a) that if any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
(19.6.b) that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of the contractual relationship between the parties, the entire agreement will be held unenforceable;
(19.6.c) that if an unenforceable provision is modified or disregarded in accordance with this section 19.6, then the rest of the agreement will remain in effect as written; and
(19.6.d) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
19.7 Notices
(19.7.a) Sending Notice to Us
You may send notice to us by email at support@fling2night.com unless a specific email address is set out for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
(19.7.b) Sending Notice to You - Electronic Notice
You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
19.8 Force Majeure
We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
(19.8.a) Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
(19.8.b) War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
(19.8.c) Fiber cuts;
(19.8.d) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
(19.8.e) Failure of the telecommunications or information services infrastructure; and
(19.8.f) Hacking, SPAM, or any failure of a computer, server, network, or software.
19.9 No Third-Party Beneficiaries
These Terms do not, and the parties do not intend them to confer any rights or remedies on any person other than the parties to these Terms.
19.10 Successors and Assigns
These Terms bind and inure to the benefit of the parties and their respective successors and assigns. This section 19.10 does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these Terms. Section 19.4 addresses these matters.
19.11 Communications and Test Profiles
(19.11.a) When you become a registered user, you consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, including administrative notices and service announcements or changes, or emails containing commercial offers, promotions, or special offers from us or third-party partners, which may contain adult oriented material unsuitable for minors. Please see the Privacy Policy for more information regarding these communications.
(19.11.b) On one or more occasions, our employees (or employees of our parent or affiliated companies) may create test dating profiles to test the functionality of the Website and our service processes to improve service quality for our users.
(19.11.c) Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.
19.12 Electronic Communications Not Private
We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send through the Website regardless of whether they are intended recipients.
You agree to this section 19.12 by using the Website. If you do not agree please stop any electronic communications.
19.13 No Reliance
You acknowledge that in agreeing to these Terms, you do not rely and have not relied on any statement by us or our agents, except those statements contained in these Terms.
19.14 Electronic Signatures
Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
19.15 Feedback
We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these Terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
19.16 English language
We have drafted these Terms in the English language. We assume that you can read and understand the English language. We are not liable to you or any other person for any costs or expenses incurred to translate these Terms into another language. The English language version controls over any translated version.
19.17 Survival
These Terms' provisions that by their nature should survive termination will survive termination, including ownership provisions, disclaimers, and limitations of liability. Termination of your access to the Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to us or any third party.
19.18 Your Comments and Concerns
If you have any questions or comments about these Terms, the Website, or the service, you may contact us by email at support@fling2night.com.
19.19 Contact Information
Exploited by Mountain Top Digital A.G.
Postplatz 1
6301 Zug
Switzerland
Chamber of Commerce: CH-170.3.043.854-7
E-mail: support@fling2night.com
19.20 Copyrights and Trademarks
The Website located at fling2night.com is a copyrighted work belonging to Mountain Top Digital A.G.. The trademarks, logos or copyrighted materials displayed on the Website are the property of Mountain Top Digital A.G. and/or other parties. Users are prohibited from using any trademark, logo or copyrighted material for any purpose without the prior written consent of Mountain Top Digital A.G. or such third party which may own the trademarks, logos or copyrighted materials. Users are prohibited from copying, reproducing, modifying, distributing, transmitting, displaying, publishing, selling, licensing, transferring, creating derivative works or using any information obtained on or through the Website for any commercial or public use.
19.21 Usages
In these Terms, the following usages apply:
(19.21.a) Actions permitted under these Terms may be taken at any time and on one or more occasions in the actor's sole discretion.
(19.21.b) References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
(19.21.c) References to numbered sections in these Terms also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a), etc.
(19.21.d) References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
(19.21.e) "A or B" means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The same construction applies to longer strings.
(19.21.f) "Including" means "including, but not limited to."
20.1 We, the website, reserve the right to monitor every submission of information submitted by you to ensure compliance with our terms and conditions. Both we, the website, and you, the user, share responsibility for all interactions with other users.
20.2 As a user, it is important to understand that you share responsibility for all interactions with other users on our platform. As such, you are also held accountable for the content you post and the communications you engage in.
20.3 We, the website, are obligated and committed to monitoring content and communication to prevent the exchange of any illegal material and to ensure there are no violations of our guidelines or policies. Additionally, we reserve the right to oversee disputes between you and other users.
20.4 This is done to prevent the exchange of any illegal or inappropriate material and to ensure that there are no violations of our guidelines or policies.
20.5 We also reserve the right to conduct screenings like criminal background checks among our members (in order to identify sex offenders, for example).
20.6 We monitor the content and the information you share with your partners. In violation of our rules and regulations, you agree to exempt fling2night.com for all claims, disputes, and litigation you had to come in because of your own liability. Examples include misuse of copyright, bad manners, racism, and harassment.
20.7 Profile monitoring: We frequently review profiles, postings, messages, or other materials posted or sent by our members in line with GDPR. We monitor the content of members' profiles, public postings, messages, or other materials to ensure their authenticity and compliance with site rules. Any profiles that violate the site rules or are suspicious will be removed. We reserve the right to delete or edit profiles, public postings, messages, and other materials that we deem to violate this agreement's terms or be otherwise unacceptable.
20.8 Chat monitoring: The site will oversee user chat conversations to identify any unlawful activities, spam, or breaches of the rules. Automated systems may be used for monitoring in order to spot any infractions.
<>20.9 Photo Monitoring: The website will review all submitted photos to ensure they adhere to the site's regulations. Pictures that breach the site's standards or feature prohibited content will be taken down.
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