How to cancel your fake fling.com account/profile!!!
Let's SPAM them back and see how THEY like it!
Be sure to threaten them with a lawsuit if they don't cancel your membership/account/profile. It works like a charm!:) They canceled my account with one hour of emailing them. We very quickly came to an understanding once I sent them the emails listed below.
You can start by sending emails to the following email addresses:
Abuse@members. Fling.com (or click the “report abuse” link on bottom of fling.com site)
[email protected]
[email protected]
Also, feel free to file an online complaint with the Better Business Bureau (BBB):
Https://www.bbb.org/consumer-complaints/file-a-complaint/get-started
I just found out that in order to cancel your fling.com account/profile, you actually have to go to their parent company website, Global Personals, LLC. Here is their link:
Http://www.gpnethelp.com
Contact fling.com by using their online contact form, here:
Http://www.fling.com/main.php? A=help. Help#
Click on “How do I contact customer service? ”
Once you click that an info panel drops down, simply click on “Customer Service” and the online contact form opens up.
Other ways of contacting fling.com:
1. Http://www.twitter.com/flingtweet
2. Http://www.youtube.com/user/FlingTuber
Feel free to report the fling.com profile on Google here: (by clicking the “Report this profile” link)
Https://plus. Google.com/117651703779001603183/posts
You can even voice you complaints to the fling.com webmasters by visiting their site, here:
Http://www.hugetraffic.com/help.htm
Fling.com subscription cancellation link:
Http://www.fling.com/main.php? A=billing. Jetcan
Info from this link:
Jetpay is our authorized billing agent.
If you are a paying member, you can cancel your membership
By contacting Jetpay customer service.
Their customer service is open 24/7 365 days per year.
Customer Service: http://www.jetbill.com/
WebSite: http://www.billingservices.com/
E-mail: help@cs. Billingservices.com
Phone: US and Canada toll Free 1-888-205-2664
Phone: International 1-818-707-7490
Info from this link: http://gpnethelp.com/phone.html
Live Support Hours 7am to 11pm EST Daily
Automated Assistance 24/7/365 login & cancellation support
Toll-Free Number 1-877-717-3257
Outside of USA 1-786-522-0587
Fling.com Customer Support:
Hours of Operation: 24 hours | 7 days a week | 365 days a year
Email: [email protected]
Phone: 1-888-824-3640 (US toll free)
IMPORTANT: (here are the 5 emails I sent to fling.com)
Here are some message's you can send them, or come up with you own. I personally sent them all five. (No, I didn't send them the PG-13 versions either!) (I was PISSED when I wrote these too, so just a heads up regarding the foul language, even though it is edited down to a PG-13 version here!!!):
Email#1:
Cancel my fake fling.com subscription you effing pieces of sh*t!
I NEVER created an account on your stupid effing site! In fact, I was asleep when my fake account was created! That means I DID NOT create it since I was unconscious (asleep) at the time. WTFFFFFF!!!??? Go suck my d*k you effers!!! I've read many online reports of the same thing (fake accounts in their name) happening to MANY other people as well!!!
Cancel my "FAKE" account IMMEDIATELY or I will sue you asses into hell!
This is all the info you need to cancel my fake fling.com account/profile:
Login Email: [email protected]
Login Password: put whatever password they emailed you here
Die in hell!!!
& f*k off!!!
Email#2:
STOP using my name, email, and likeness without my permission on your site by setting up fake profiles with my name and email attached to them!!!
My name and email are copyrighted, why don't you heed your own advice and familiarize yourself with the meaning of "Copyright Infringement" before YOU get sued for the very thing you warn against in your Copyright Infringement Notification!!!
Copyright Infringement Notification
«Back to Home
Last updated on dec 29
Notice of Claimed Infringement
Fling.com The SITE respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the SITE’s Designated Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the SITE; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You may send your Notice of Claimed Infringement to:
Lawrence G. Walters, Esq.
781 Douglas Avenue
Altamonte Springs, FL 32714
Fax: (407) 774-6151
[email protected]
Do not send any other inquiries to our dmca agent. send all other inquiries to: [email protected]
Notification and Take Down Procedures
The Site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The Site’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The Site reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement ('Notice') feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined in Section 5.12 above, the Recipient is permitted to submit a counter-notification pursuant to Section 512 (g) (2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against Us relating to the Content.
To submit a counter-notification, please provide Our Designated Copyright agent the following information:
A: A specific description of the material that was removed or disabled pursuant to the Notice.
B. A description of where the material was located within the Site or the Content before such material was removed and/or disabled.
Please provide the specific URL if possible.
C. A statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously.
For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
D. The Recipient's physical address, telephone number, and email address. Written notification containing the above
Information must be signed and sent to:
Lawrence G. Walters, Esq.
781 Douglas Avenue
Altamonte Springs, FL 32714
Fax: (407) 774-6151
[email protected]
Alternately, to email the above information, You must digitally sign the email and send it to: [email protected] Do not send any other information or material to the DMCA Agent. After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the entity who first provided the Notice concerning material in the Recipient's Content. Additionally, within ten to fourteen (10-14) days of Our receipt of the counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material. The Site reserves the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.
Email#3:
This is your own effing Privacy Policy, why don't you go effing LEARN IT!!!
Fling.com privacy policy
This policy was last updated on may 9
Fling Privacy Policy
Fling Incorporated ("we" or " Fling ") have adopted this privacy policy to protect your personal information and to let you know how we might use it. This privacy policy only applies to activities you perform on the Fling.com website, transactions for purchasing Fling subscription services, and activities or communications that occur using the Fling service (collectively known as the "Service") and does not apply to any other Website or offline point of contact between Fling.com, Fling, or any other company, and consumers. This policy was implemented on January 1 this policy may change from time-to-time, please periodically review this page. Each time you use the Service or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time.
Your IP Address
Like most e-commerce Websites, each time use the Service, we automatically collect your IP address and the web page from which you came.in order to administer and optimize the Service for you and to diagnose problems, we use your IP address to help identify you and to gather broad demographic information about you.
Cookies
Like most Websites, the Service uses cookies to keep track of your purchases and other activity on the website and enhance your experience. We also use cookies to deliver content specific to your interests, to save your password, and if you choose, to save other personal and financial information so you do not have to reenter it each time you use the Service. Third party advertisers on the Site may also place or read cookies on your browser. If you wish to disable these cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain aspects of the Service.
Information We Collect From You
In order to operate the Service and to provide you with information about products or services that may be of interest to you, we may collect "personal information" (i.E.information that could be used to contact you directly without using the service" demographic information" (i.E.information that you submit, or that we collect, that is neither personal information nor financial information; this may include, but is not limited to, zip code, postal code, hometown, gender, username, age/birth date, purchase history information, browsing history information, searching history information, registration history information, and the content of communications between you and other members over the Service), subject to the rest of this paragraph. Demographic information is divided into two categories: 1) "non-public information", which consists of purchase history information and one-on-one communications between you and other users of the Service; and 2) "public information", which consists of all other demographic information. We ask that you do not enter personal information or financial information into your "Profile" (for example, don't use your address or passcode as your username, or include your name or address in your written responses), because if you do then it may be posted publicly on the Service, and the information will then be treated as "demographic information" that is "public information." Please note that nowhere on the Service do we knowingly collect personal information from children under the age of 18, as we require that all users represent to us that they are at least 18 years old.
Information Other Websites Collect From You
On the Service websites, we may place links to other Websites operated by other parties. Some of these other Websites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other Websites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other Websites or these other Websites' business practices, and that this privacy policy does not apply to these other Websites. Consequently, the operators of these other Websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Service. We encourage you to review their privacy policies and remind you that we will not be responsible for their actions.
How We Use Personal Information
Fling is committed to treating your personal information with the highest degree of care. Your email address and personal information is not shared with any third parties and is solely used to send email communication from Fling. Your personal information will not be resold to any third party. We use your email address and your other personal information to help us efficiently operate the Service, to contact you in connection with your transactions and other activities on the Service (including, but not limited to, confirmation emails or important news that could affect your relationship with Fling.com), and to forward messages to you from other Fling.com users. These types of communications are known as "Operational Communications." In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
We also use personal information to send you newsletters, information, offers and other promotional materials for Fling.com's or third parties' goods or services. We attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information. The Service provides you with options to decline to receive communications from Fling.com (other than those contained in Operational Communications). Some of these options may only be for a certain category of communications; others may be more general.By posting a profile on the Service, you are opting in to receive messages from other Fling.com members by email or text message. To stop receiving messages from other Fling.com members, change your account settings on Fling.com.
To operate the Service, including processing your transactions and supporting your activities on the Service, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, email origination, receipt or support services, customer relationship management services, order fulfillment and sweepstakes and promotional fulfillment. We require these entities not to use your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Service, or electing to receive communications (such as emails or magazine subscriptions) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Service, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.
In some cases, we may enter into a promotional relationship with another company in which we prominently display their brand name or trademarks on pages of the Service. These pages are known as "Co-Branded Pages" and these companies are known as "Co-Branded Companies." If the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your personal information with the associated Co-Branded Company.Co-Branded Companies may use your personal information in accordance with their own privacy policies. You will need to contact Co-Branded Companies to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Co-Branded Companies in the same manner in which we are entitled to use and disclose any other information you submit to us. Some Co-Branded Pages may contain an action tag (also known as a Web Beacon or a 1 pixel.gif file) that a third party, may use to read cookies that it, or its clients, may have placed on your browser at other (non-Fling.com) web sites before your visit to Fling.com. This technology is used to measure the effectiveness of advertisements on such other Websites that promote Co-Branded Pages. Further, such other third parties may use the information collected through this technology to learn more about your visits to this Service and other Websites in order to provide advertisements about goods and services of interest to you.
Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.
Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your personal information.
How We Use Public Information and Other Demographic Information
We may review all demographic information. We may use public information to enable other users to find your profile, to determine whether they are a match for you and to communicate with you. We may use demographic information to tailor the Service and communications to your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.E., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertisers' goods and services will appeal to Fling.com's users, so that we may target specific ads at specific demographic groups. Our sharing of demographic information with advertisers is anonymous (i.E., we do not tell advertisers which particular Fling.com users are members of which demographic groups), subject to the rest of this privacy policy. When you respond to an advertisement, however, we ask you to remember that if that ad that is targeted to a demographic group and you decide to give the advertiser your personal information, then the advertiser may be able to identify you as being a member of that demographic group. Please also be aware that when we disclose your financial information or personal information to a Co-Branded Company, as described above, we may also disclose to that Co-Branded Company your demographic information, other than the content of one-on-one communications between you and other members. Please also be aware that we may disclose your demographic information on a non-anonymous basis as described above in the paragraph titled "Special Cases in which we Share Personal and Financial Information." Also, to read further details about how we may use your public information, see ourTerms of Use.
Changing our Privacy Policy for Previously Gathered Information
If at any point we decide to use particular personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email or by providing 30 days notice on the Service. Please note that we will continue to have the right to change our privacy policy and practices, and how we use your personally identifiable information, without notice, as described in the first paragraph of this Privacy Policy, provided that such changes shall only apply to information gathered on or after the date of the change.
How You Can Access and Update Your Email Preferences, Personal Information and Public Information
We give you the opportunity to opt-out of certain communications and modify personal information or demographic information you have provided to us, and to hide demographic information from, or make demographic information visible to, the public users of the Service, at anytime by going to the "Account Settings" in your Fling.com profile of the Service. Please be aware that it may take several hours for the changes you make to take effect on the public areas of the Service. We thank you for your patience. Please note that changing or deleting your information in the "Account Settings" section of the Service, or otherwise opting-out of receipt of email communications from Fling.com, will only change or delete the data in our database for purposes of future activities on the Service and for managing future communications from Fling.com. These changes and deletions will not change or delete emails or information that we may have already forwarded to other users or credit card companies or any other third parties, all as provided above in this privacy policy.
If you have any questions or concerns about this privacy policy, the practices of the Service, or your dealings with the Service, you can contact us at [email protected]. You can also send us mail to: Privacy Officer, Incorporated, 705 Washington Ave 2nd Floor Miami Beach, FL. 33139.
Email#4:
And why don't you familiarize yourself with the TERMS AND CONDITIONS while you're at it!!! Specifically, the “Privacy and Use of Information” section as I don't recall EVER giving you permission to use my name, email, and likeness publicly on the fling.com site where you created a fake profile in my name and likeness!!!
If you don't IMMEDIATELY cancel my account/profile, you will have a very lengthy and VERY EXPENSIVE lawsuit on your hands that will drag on for years and drain your finances effing dry!!! I WILL go there!!!
Terms and conditions of use of fling.com
Last updated on feb 22
Please read the following User Agreement.
When you sign up for any service within the Fling.com site (the “Site”), all of which services are hereinafter referred to collectively as the “Service, ” you agree to all of the terms and conditions of this User Agreement (the “Agreement”). This Agreement constitutes the agreement between Fling.com and you with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. Please read the following terms and conditions carefully, as they form the agreement between Fling.com, LLC, or any of its successors or assigns (referred to herein as “, “we” or “us”) and you (sometimes referred to herein as “you”, “your” or the “User”). If you do not agree to these terms and conditions, you may not use the service, and should not proceed to register.BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.
Right to Use
Your right to use the Service is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Site or Service at any time, including the availability of any Site or Service feature, database, or content. We may also impose limits on certain features and aspects of the Site or Service or restrict your access to parts or all of the Site or Service without notice or liability.
Export Control
The Site and Service must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of the Site or Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Service must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, Pakistan, Saudi Arabia, and Syria, or any other country under U.S. Embargo; or (ii) any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.
Adults Only
THIS SERVICE IS FOR ADULTS ONLY.By using or viewing the Site or the Service, you represent, warrant, and covenant that you are aware that the Service may contain explicit adult oriented materials, are at least 18 years old or the age of majority in your jurisdiction, and are not prohibited by law from using the Site or Service. If you use of the Site or Service in violation of this section, you may be subject to legal action as a result.
Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
A) You are solely responsible for any content, including, but not limited to, text, audio or video recordings, photographs, graphic depictions, or any other type of material, data or information (collectively, the "Content") that you post on the Site or display to other members of the Service. You will keep all Content provided to you through the Service private and confidential and will not disclose such Content to anyone without the permission of the person who provided it to you;
B) You are aware that the Service may contain explicit adult oriented materials provided only by consenting users;
C) You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any Content that contains sexual conduct (whether actual or simulated); libelous, slanderous, abusive or defamatory statements; or racist, pornographic, obscene, or offensive language;
D) You will not post any Content or use the Service in any way that:
I. Violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
Ii. Is fraudulent or otherwise unlawful conduct in connection with your use of the Service or violates any law.
E) You will not use the Service to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services;
F) Your use of the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts with other users;
G) You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
H) You will not forward any chain letters through the Service.
Privacy and Use of Information.
As more fully set forth in our Privacy Statement, your personal information will not be resold to any third party. Please note, however, all information you provide to us may be shared with other third parties as necessary to comply with applicable law and to generally cooperate with law enforcement and the court system in investigating and prosecuting suspected criminal activities or otherwise, including, without limitation, in response to inquiries from law enforcement and regulatory agencies.
Content Posted By Members
By agreeing to the terms and conditions of this Agreement, you represent and warrant that all Content you upload to the Site does not in any way infringe on anyone's intellectual property rights. You also authorize Fling.com to post any and all photographs uploaded by you throughout Fling.com and other associated websites featuring other members of the Service. Fling.com hereby asserts immunity with respect to all Content provided by members or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act. We will remove any Content that you may post on the Site upon being notified, as provided in these terms and conditions, that the Content you post on the Site violates the intellectual property rights of another. We may remove any Content that you post on this Site that we believe, in our sole discretion, violates this Agreement without any obligation to provide you prior notice of such removal. Members and others are prohibited from uploading any Content to the Site which, in our sole opinion, might be illegal or offensive, including, but not limited to, Content involving bestiality, urination, other bodily excretions, defamatory material or otherwise obscene material, or any conduct that violates the prohibitions set forth under "Code of Conduct, " above, or any other provision of this Agreement. You may not post any Content that solicits any information or response from anyone under 18 years of age, mischaracterizes your identity, solicits any information that might be used for unlawful purposes, or encourages unlawful activities. You may not post any Content for commercial purposes, including, but not limited to, email marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, Fling.com reserves the right, in Fling.com's sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that violates these terms and conditions to any and all authorities that may have jurisdiction over the matter.in the event any actions or proceedings are brought against Fling.com as a result of Content you have posted on the Site, or your engaging in any prohibited activities, as set forth in this section or in this Agreement, you agree to indemnify and hold Fling.com harmless with respect to all costs and expenses, including, but not limited to, attorneys' fees that Fling.com may incur as a consequence of your posting of such content or engaging in such prohibited activities.
Total Member Numbers
From time to time we may include an estimation regarding the number of members on the Fling.com website. Any such estimation will include all accounts (both free and paid) created since the inception of the Fling.com website as we do not purge inactive accounts. For your information, a member's "hotness" ranking on Fling.com is indicative of, among other matters, how recently the account has been accessed. While the "hotness rating" is indicative, it should not be taken as a guarantee that the person checks messages or even has a paid account to communicate with you. Please note that we do work expeditiously to remove what we believe to be fraudulent/malicious profiles as and when they are reported. We take all such reports extremely serious as we intend for Fling.com to be a place for like-minded men and women to communicate and we have no tolerance for individuals abusing our system. If you are contacted through Fling.com (whether by instant message, chat rooms, messages or otherwise) and believe such contact to be fraudulent/malicious please immediately report the matter to us.
Member’s Obligation to Comply with 18 U.S.C. 2257 With Respect to Certain Content
You should be aware that, pursuant to federal law, any visual depictions that you post on the Site that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §2256 (2) (A) (i)- (v) and 18 U.S.C. §2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.
Use of Information on Service
You acknowledge and agree that:
A) We cannot ensure the security or privacy of information you provide through the Internet, email, messaging or otherwise, and through your email or other messages; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
B) We are not responsible for, and cannot control, the use of any information, by anyone, that you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
C) We cannot assume any responsibility for the content of any communication sent by any user on the Service, and you release us from any and all liability in connection with the contents of any such communication you may receive from other users;
D) You acknowledge that you cannot bring legal action against Fling.com or any of its employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Service; and
E) Any and all images uploaded to Fling.com become property of Fling.com and may be used by Fling.com, without restriction, as marketing materials.By accepting this Agreement and its terms and conditions you specifically authorize us to use any images you upload to Fling.com for marketing the Site in our sole discretion; and,
F) You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member's age and marital status. Additionally, as users may discontinue or suspend their membership at any time, we cannot guarantee that individuals seen in various advertisements are currently active members. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users or as a result of out of date information.
Dating Site Cautions
The following are precautions you should consider when meeting or corresponding with anyone on any dating or social networking website:
(a) Anyone who is able to commit identity theft can also falsify a dating profile;
(b) There is no substitute for acting with caution when communicating with any stranger who wants to meet you;
(c) Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your dating profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it; and
(d) If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.
How Your Content May be Used
When you create a profile with Fling.com, your profile will be shared with other dating and "hook-up" websites which contain members of the Site. Additionally, when you upload any videos as a part of your profile your video will automatically watermarked with the Site or its related entity's watermark and, unless you unmark the "Add to" or similarly termed box, your video will be automatically uploaded to one or more of our partner websites which contain other videos uploaded by other members of the Site.
Introductions
The Site may cause pop-ups to display as a system notification on your screen while you are viewing the Site. These system notifications may or may not indicate they have been initiated by the Site and may provide you with limited information about other members of the Site and/or such member's activity on the Site. The system notifications may prompt you to initiate dialogue with other member (s) (who may or may not have upgraded to a paid account and may have varying login and activity levels). If you wish to initiate dialogue and have not purchased a membership to the Site, you will be required to purchase a paid membership prior to being able to initiate or even review any dialogue; however, it is possible that the member with whom you wish to initiate dialogue may not respond for various reasons including, without limitation, the member is not interested in responding, may not be actively monitoring his/her account and/or may no longer be available. If the sole reason you upgrade your membership is to correspond with one specific member and such member does not respond to your correspondence, you may request a full refund within ten (10) days of your initial membership purchase by calling customer service. Upon initiating the refund, your account will revert to free and you will not be able to review any responses or messages from any members should any be sent to your account.
Notice of Claimed Infringement
The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service’s Designated Copyright Agent the following information:
A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B) description of the copyrighted work or other intellectual property that you claim has been infringed;
C) a description of where the material that you claim is infringing is located on a Site;
D) your address, telephone number, and email address;
E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You may send your Notice of Claimed Infringement to:
Lawrence G. Walters
781 Douglas Avenue
Altamonte Springs, FL 32714
Fax: (407) 774-6151
[email protected]
Do not send any other inquiries to our dmca agent.
SEND ALL OTHER INQUIRIES TO: [email protected]
Repeat Infringers
The Site will terminate the account of any member who the Site believes has infringed on the rights of any third party (ies) one or more times. For the avoidance of doubt, the Site specifically reserves the right to terminate the account of any member reported by any third party for infringing on such third party's rights and the Site will immediately terminate the account of any member reported more than once for infringing on the rights of a third party.
Notification and Take Down Procedures
The Site implements the following "notification and takedown" procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. We reserve the right to terminate any account reported for infringing on the intellectual property of any third party, and we will act expeditiously to remove access to all identifiable material that is alleged to infringe on a third party's copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act ("DMCA"). The Site's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, we will expeditiously endeavor to remove and/or disable access to the infringing material and may notify the affected user. Then, the affected user may submit a counter-notification to the above designated agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the designated agent receives the counter-notification, we will replace the material at issue within 10-14 days after receipt of the counter-notification unless the designated agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. We reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
DMCA Counter-Notification Procedure
If the recipient (the "Recipient") of a Notice of Claimed Infringement ("Notice") feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined above, the Recipient is permitted to submit a counter-notification pursuant to §512 (g) (2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material (the "Material") pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against us relating to the Content.
To submit a counter-notification, please provide our Designated Copyright agent the following information:
A) A specific description of the material that was removed or disabled pursuant to the Notice.
B) A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible.
C) A statement reflecting the Recipient's belief that the removal or disabling of the Material was done so erroneously. For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
D) The Recipient's physical address, telephone number, and email address. Written notification containing the above information must be signed and sent to:
Lawrence G. Walters
781 Douglas Avenue
Altamonte Springs, FL 32714
Fax: (407) 774-6151
Alternately, to email the above information, You must digitally sign the email and send it to: [email protected]
Do not send any other inquiries to our dmca agent.
SEND ALL OTHER INQUIRIES TO: [email protected]
After receiving a DMCA-compliant counter-notification, our designated copyright agent will forward it to us, and we will then provide the counter-notification to the entity who first provided the Notice concerning the subject material.
Additionally, within ten to fourteen (10-14) days of our receipt of the counter-notification, we will replace or cease disabling access to the disputed material provided that we or our designated copyright agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material.
We reserve the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.
Monitoring of Information
We reserve the right, but have no obligation, to monitor any and all advertisements, public postings and messages to ensure that they conform to the content guidelines and this Agreement, which are both subject to change from time to time. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material (s) that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of “hackers”). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you post or transmit through the Service.
Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, may deem to violate the Code of Conduct set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Please note that the Site does not tolerate sex offenders on the Site and reserves the right to terminate any member reported as being a sex offender. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.
Proprietary Information
The Service contains information, which is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
No responsibility
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.
Security
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
Other Links
The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
Indemnity
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
No Warranties
The Service is distributed on an “as is” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Fling.com or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code § 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Compensated Members
For quality assurance purposes, to identify or members that may be in violation, whether through predatory actions or otherwise, of our terms and/or applicable law, to enhance member experience and to encourage member involvement the Service may employ compensated members. The Service may offer existing or future members who are particularly active (and interesting) on the Service the opportunity to provide monitoring and/or other services to us in consideration for direct financial compensation or other benefits such as free or reduced membership fees or other incentives. If asked by another member, no compensated member will misrepresent her or himself as to whether such member is compensated.
Modifications
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Fling.com related products and services. We reserve the right to disclose information about your usage of the Service and Demographics in forms that do not reveal your personal identity.
Complaints
To resolve or report a complaint regarding the Service or members who use the Service users should send an email detailing such complaint to [email protected]. Immediate actions will take place in order to help solve the problem.
Registration
You may become a member of Fling.com by completing an online registration form, which must be accepted by Fling.com, and by payment of the applicable subscription fee. Upon submission of the online registration form, Fling.com or its authorized agent will process the application.in connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform Fling.com of all changes to the registration data, including, but not limited to, changes in your address and changes in the credit card information you used in connection with billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fling.com or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fling.com has the right to suspend or terminate your account and refuse your current or future use of Fling.com and the Service, as well as possibly subjecting you to criminal and civil liability. You are responsible for dishonored checks, inappropriate “chargebacks” or credits to your credit card and any related fees that we incur with respect to your account.
Member Account, Password and Security
As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the Fling.com. You certify that when asked to choose a username you will not choose a name which falsely represents you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to modify any materials on the Site and Fling.com design at anytime, with or without prior notice. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Service to anyone who is below the Age of Majority, or otherwise does not wish to view the content on Fling.com. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. Fling.com will not release your password for security reasons. You agree to (a) immediately notify Fling.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service until you notify Fling.com by email regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify Fling.com against all activities conducted through your account. You may obtain access to your billing records upon your reasonable request.
Membership Fees
Your subscription to the Service will be automatically renewed as stated below upon expiration of the initial term, unless you notify Fling.com via our online Customer Service Area. Membership fees to Fling.com are prominently displayed prior to your subscription thereto. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. Fling.com reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time. WE USE AN AUTOMATIC REBILL CYCLE ACCORDING TO YOUR SELECTED PAYMENT OPTION.
Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
Binding Agreement
By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
No warranties, limitation of liability
You expressly agree that your use of the service is at your sole and exclusive risk. The services are provided on an “as is, with all faults” and “as available” basis. Fling.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. Fling.com makes no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does fling.com make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in any software, hardware or the services will be corrected. You understand and agree that any use you make of any material and/or data downloaded or otherwise obtained through the use of the service is at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Under no circumstances will we be responsible for consequential damages or punitive damages. You agree that
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