Terms and Conditions

THIS POLICY WAS LAST UPDATED ON FEB 20th, 2020

By viewing, accessing or using this website (the Website) you agree to to be legally bound by these Terms and Conditions (the Agreement). Whether or not you register to access the Website as a free or paid member, please indicate your acceptance of these Terms and Conditions as a binding legal agreement by following the instructions on the registration page. By using the site you also consent to your agreement to our Privacy Policy, which by this reference is hereby incorporated into and made part of the Agreement. The Website delivers a service for adults to meet and communicate with other adults online (the Service).The Agreement may be amended by the Company from time to time at our sole discretion. These modifications to become effective once posted by the Company on the Website as indicated by the 'last updated date' at the start of these Terms and Conditions. Your continued use of the Website and Service after any such modifications constitutes your acceptance of the new Agreement. If you do not agree with any modifications made in the new Agreement then you must cease to use the Service with immediate effect.

1. Eligibility To Use The Service

To access and use the Service you must be at least eighteen (18) years old, or the Age of Majority in your jurisdiction. By accessing, using, registering or subscribing to the Website you hereby represent and warrant that you (a) have the right, authority and capacity to legally enter into this Agreement, (b) are over eighteen (18) or the Age of Majority in your jurisdiction, (c) have never been convicted of, nor have any pending criminal charges against you for any sexual offence, (d) have never been required to register as a sex offender with any government entity, (e) that you will abide by the terms of the Agreement.

2. Membership and Subscription

You may register as a member (Member) to use the Service for free. As a Member you will gain access to some but not all of the features and functionality of the Service. To gain more extensive access to the Service, including the ability to communicate with other Members, you must become a paying subscriber (Subscriber) and pay the relevant Subscription fee that is shown on the payment page within the Website. Members and Subscribers to be collectively referred to as Users (the Users) in the context of this Agreement.

3. Billing and Payment Policy

By registering as a Subscriber you agree to pay the Subscription fees you selected from the relevant Subscription package options set out on the payment page within the Website. You give your permission for the Company and its billing provider to retain your payment information and charge your chosen payment provider for use of the Service. Please note that for your convenience the Company operates an automatic renewal billing policy. This means that your Subscription will continue indefinitely until it is cancelled by you. You will be billed at the same rate that you signed up for using the original payment method. We will only bill you for these repeat payments when your current Subscription period expires and not before.
Having read and understood these terms you agree that your account will be subject to this automatic renewal feature.
The Company occasionally runs trials and offers for its Subscription Services at discounted rates. Subscribers to such trials and offers will be automatically renewed at the end of the initial period at the standard non-discounted Subscription rate specified when they agreed to purchase the trial Subscription, unless they cancel their Subscription before the initial period expires.
All Subscribers are able to cancel their Subscription at any time [for details please see 4. Term and Termination].
You agree to provide true, current, accurate and complete information about yourself as requested. You agree to keep this information up to date and current (to include any change in billing address, card number or expiry date). You agree and acknowledge that you are responsible and remain liable for all Subscription fees that are made using your account details, up until the point of notification by you to the Company of any unauthorised use of your account details. The Company shall not be held responsible nor liable for any loss or damage arising from your failure to comply with these provisions.

3.1. No obligation

We want you to be successful with the service. If you pay for a membership plan and are not happy AFTER 30 days then please contact us via our support helpdesk in order for our support staff to offer advice on how to improve your experience on the platform. If applicable, our support staff will extend an additional 30 days membership FREE. To be eligible for this offer you must comply with the following conditions within the first 30 days of your paid membership:

– been a paid member for at least 30 days
– uploaded at least one profile suitable photo within 7 days of joining
– been active for 15 out of the last 30 days on the site

4. Term and Termination

This Agreement will remain in full force and effect whilst you use the Service and/or are a Member or Subscriber. All billing cancellations must be requested via the Cancel Automatic Billing Renewal Request Form which can be obtained by contacting customer services by submitting a ticket via the helpdesk in the members area.
The Cancel Automatic Billing Renewal Request Form must be fully completed and returned to Customer Support at least 5 working days before the renewal date to allow sufficient time to process the request and to ensure the automated re-billing process is stopped for the next renewal term. Any Cancel Automatic Billing Renewal Request Form received with less than 5 working days notice will cancel all future rebilling requests but not the pending re-billing request. You agree you will be responsible for paying any Subscription fees due if you fail to submit a Cancel Automatic Billing Renewal Request Form less than 5 working days prior to the next renewal date falling due. If you cancel your Subscription, you will still continue to enjoy and receive all your subscriber benefits until the end of your then paid for Subscription period, after which time these benefits will cease. In no event will you be eligible for any refund or a proportional refund of your Subscription. All transactions are final.
Cancelling your Subscription does not automatically cancel your Membership. Even if you cancel your Subscription you will still remain a Member and can continue to use the site as a Member and your profile will remain visible to other users of the Website. If you wish to cancel your Membership and remove your profile and data from the Website you can do so at any time by following the instructions on your 'Membership Status' page.
The Company reserves the right to terminate or suspend your Membership or Subscription at any time and for any reason, with or without notice, including but not limited to breach of this Agreement. Any abusive, threatening, fraudulent, obscene or illegal activity on the Website or Service or conduct or activity that may affect the enjoyment or use of the Website and Service by other Members or Subscribers may be grounds for termination. Cases of fraudulent or illegal activities may be referred to the appropriate law enforcement agencies. After your Membership or Subscription is terminated for any reason, all terms of this Agreement shall continue in full force and effect.
Fair use policy — Fair use is where a member has uploaded media, sent or read messages, uploaded any written content to the site, liked or matched other members, since the membership subscription was activated.

5. Safety and Account Security

The Website is an entertainment service and you agree to use the Website and Service at your own risk. Your safety and security are very important. You acknowledge and agree that you will use common sense and caution before sharing personally identifiable information with other Users of the Website as you would on other websites and offline.
The Company DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS NOR DOES IT SCREEN OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS FOR ACCURACY.
Background checks are not always accurate as people can submit false information, or that information may be no longer up to date, not all criminal records are available online.
By using this Website you acknowledge that any User profiles, messages and communication may not be genuine. You also agree to take reasonable care and caution when interacting with other Users of the Website or Service.
You agree to keep your account password confidential at all times. You also agree to be solely responsible for all activities that occur under your username and password, and to logout of your account at the end of each session. You agree to notify the Company immediately if you suspect any unauthorised use of your account details and to take any necessary action requested by the Company.

6. Site Conduct

For the benefit of other users of the Website and to comply with applicable law, you hereby agree not to use the Website for any unlawful purposes or to harass any other Users of the Website. You agree that your use of the Website and Service is subject to the relevant state, local, national and international laws, legislation and regulation and to comply with the same. You agree you will not use the Website to:
– post any Content that is prohibited in Section 7
– attempt to solicit money from any Members or Subscribers
– harass or 'stalk' any other person
– impersonate any person by any means
– send or solicit any content that relates to any commercial activities
– promote yourself as it relates to any other website or redirect users to another website
– send chain letters, junk mail or spam
– send any content that could damage the site, including viruses, bots, denial of service attacks, packet or IP spoofing, harmful code Furthermore you agree that you will not:
– use or apply any site search application, spider or robot or other device to retrieve, data mine or otherwise reproduce or circumvent the navigational structure and content of the Website
– attempt any form of 'profile scraping' or other forms of data 'harvesting of any content contained on the Website or Services

7. Site Content Posted By You

8. Non Commercial Use

The Website and Service is for the personal use of individuals and any other use is strictly forbidden. Companies, organisations, and/or businesses are not permitted to become Users and should not use the Website or Service for any purpose. Registered Users of the Website agree that they will not copy, redistribute, reproduce, alter, data scrape, aggregate or in any way reuse for commercial purposes any User information accessible through the Website or Service. Illegal and/or unauthorised uses of the Website including but not limited to, collecting usernames and/or email addresses, or any other personally identifiable information of site users by electronic or other means for the purposes of sending unsolicited email and unauthorised framing of or linking to the Website is expressly prohibited and will be investigated and the appropriate legal action taken.

9. Disclaimers

The Company makes no representation, warranty or guarantee for any incorrect or inaccurate Content posted on or transmitted via the Website or the Service. The Company is not responsible for the conduct, whether offline or online, of any User of the Website or Service. Despite Users of the service agreeing to these Terms and Conditions, the Company cannot guarantee that each User is at least the required minimum age, nor does the Company accept any responsibility for any Content or other use of the Website or Service by anyone under the age of 18 (or the Age of Majority where appropriate) in direct violation of these Terms and Conditions. It is possible for other Users (including unauthorised Users or 'hackers') to gain access to personal information about you through your use of the Website or Service and to use your personal information for purposes other than those intended by you when you signed up to the Website and Service. The Company is not responsible for the use of any personal information that you disclose on the Website or Service. THE COMPANY DISCLAIMS ALL LIABILITY, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORISED USERS), WHETHER THE ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE OR SERVICE OR OTHERWISE.
The Company is not responsible for any interruption, delay in operation or transmission, error, deletion, omission, communications failure, theft or destruction or unauthorised access to any user, member or subscriber communications. The Company is not responsible for any problems or technical errors of any telephone network, online service, servers or providers, software, computer equipment, email systems, technical problems or congestion or service interruptions on the internet or any website or combination thereof. ALL INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED VIA YOUR USE OF THE WEBSITE OR SERVICE IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, INTERNET ACCESS, OR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS. YOU HEREBY WAIVE ANY AND ALL CLAIMS OR ACTIONS WITH RESPECT TO ANY DAMAGE OF SUCH A NATURE. IF YOU DO NOT AGREE TO THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORISED TO DOWNLOAD OR OTHERWISE OBTAIN ANY INFORMATION OR MATERIAL FROM THE WEBSITE OR SERVICE.
Any advice or content posted on the Website or Service is intended for informational and entertainment purposes and is not designed to replace any form of professional advice. The Company makes no representations or warranties and hereby disclaims all liability for any actions or effects on any person following the information offered or provided on the Website or Service.
THE COMPANY PROVIDES THE WEBSITE, ITS CONTENT, AND THE SERVICE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE COMPANY GRANTS NO WARRANTIES OF ANY KIND REL ATING TO THE WEBSITE AND SERVICE, (INCLUDING ALL CONTENT CONTAINED THEREIN), WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE AND/OR SERVICE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS.

10. Limitations on Liability

UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS OWNERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND ATTORNEYS AND THEIR SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING EMOTIONAL DAMAGE, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, INCLUDING THE CONDUCT OF ANY USER OR OF ANY USER INTERACTIONS EITHER ON OR OFF THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND IRRESPECTIVE OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU TO THE COMPANY IN SUBSCRIPTION FEES FOR THE SERVICE IN THE PRECEDING TWELVE (12) MONTH PERIOD.

11. Proprietary Rights

You acknowledge and agree that the Company owns and retains all proprietary rights in the Website and the Service and that these rights are protected by intellectual property rights and other laws. You hereby agree that except for publicly available information or for information which you have been given written permission, you will not copy, modify, create, transmit, publish, store or sell such proprietary information.

12. Disputes Between Members

You acknowledge that you are solely responsible for your interactions with other Users of the Website and Service and that the Company shall have no responsibility concerning such interactions. The Company reserves the right, but is under no obligation, to monitor any disputes between you and other Users. Should you have any claim or action against another User you hereby agree to pursue said claim or action independently of the Company and you hereby release the Company from any claims, liability and damages associated with such a claim or action.

13. Indemnity by you

You acknowledge and agree that you will indemnify and hold the Company, its owners, directors, shareholders, employees, affiliates, suppliers, agents and attorneys, and their successors and assigns, harmless from any and all liability, loss, demand or claim in connection with the Content and all other information, material, messaging and communication you may receive from the Website, Service and other Users of the Service.

14. Privacy

The Company respects the privacy of its Users and processes information about you in accordance with our Privacy Policy which is incorporated into this Agreement by this reference. By agreeing to the terms of this Agreement you give your consent to your information being processed according to our Privacy Policy and you warrant that the information you give is correct.
You understand and agree that although the Company endeavours to uphold the necessary safeguards concerning your personal data, we cannot ensure nor guarantee the safety, security or privacy of the information that you provide via the Internet or in email communications, and you hereby release us from any and all liability in connection with the use of this information by other parties.

15. Copyright Policy

Whilst the Company is not legally required to do so, we use our best endeavours to fully comply with the Digital Millennium Copyright Act of 1998 (DMCA), especially the notice and 'takedown' provisions, thereby benefiting from the safe harbours immunising the Company from liability to the fullest extent provided by law. By using the site you agree not to post, reproduce or distribute any copyrighted material, trademarks or any other proprietary information without first having obtained the relevant permissions to do so by the legal owner of such proprietary materials.
In accordance with the DMCA we follow a copyright policy that allows us to terminate the registration of any Users who are deemed to be repeat copyright infringers or who infringe upon the intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that your work has been infringed and posted onto the Website or Service please contact us [email protected] with the following information:
– a physical or electronic signature of the person authorised to act on behalf of the copyright owner
– identification of the copyrighted work you believe has been copied or infringed
– a description of where the claimed copyrighted material is to be found on the Website or Service (of sufficient detail to allow the Company to locate it)
– a written statement by the complaining party that you have a good faith, belief that the disputed material is not authorised for use by the copyright owner
– a written statement by the complaining party, under penalty of perjury, that the information contained in this notification is accurate and truthful and that you are the copyright
owner or authorised to act on behalf of the copyright owner
– your contact details: name, address, telephone number and email address
Please be aware that you might be liable for damages (including attorney’s fees and other costs) if you misrepresent any notification or claim that content is infringing upon your copyright.

16. Network Partner Websites

This Website and Service is available and accessible via a network of different partner websites operated by the Company. BY REGISTERING VIA THIS WEBSITE YOU UNDERSTAND AND ACCEPT THAT ALL CONTENT THAT YOU SUBMIT TO THIS WEBSITE MAY BE VISIBLE AND SEARCHABLE TO USERS OF THE SERVICE WHO MAY BE ACCESSING THE SAME SERVICE FROM OTHER WEBSITES OPERATED BY THE COMPANY. FURTHERMORE, WHEN VIEWING AND COMMUNICATING WITH OTHER USERS OF THE SERVICE, YOU UNDERSTAND AND ACCEPT THAT THESE USERS MAY HAVE REGISTERED AND BE ACCESSING THE SERVICE FROM NETWORK PARTNER WEBSITES OTHER THAN THIS ONE.

The Company applies various different classifications and filters to the Websites that allow access to the Service it operates. By registering with this Website you understand and accept that the Company may apply certain classifications to the profile information you submit, and may use such classifications to restrict; the availability of your profile information to other Users of the Service; the availability of other Users of the service profile information to you; the availability of methods of communication between other Users of the Service and yourself.

17. Merger or Acquisition

In order to ensure a smooth transition of the Service in the event of an acquisition, merger, reorganisation, sale of any part of the Website or Service owned by us, we may transfer your personally identifiable information to a third party as part of such acquisition, merger, reorganisation or sale without notice to you, provided any such third party shall be liable to honour the terms of the Agreement.

18. Modifications to Service

The Company will use commercially reasonable efforts to maintain the full operation of the Website and Service, however we reserve the right at any time to modify or discontinue, temporarily or permanently the Service (or any part of the Service) with or without notice. You acknowledge and agree that the Company shall not be liable to you or any third party as a result of any modification, suspension or discontinuance of the Service that it makes.

19. Email Communications and Test Profiles

By becoming a User of the Website you hereby agree to receive email communications from the Company. The emails sent to you by the Company as part of the Service may be \relationship or transactional in nature. These emails may include but are not limited to, User profile announcements, Service announcements, Service changes, administrative related communications, or emails containing commercial offers or promotions from the Company as well as third parties. From time to time, the Company employees (or employees of its parent or affiliated companies) may create test dating profiles for the purpose of checking and testing the functionality of our Website and Service to improve the quality and user experience for its Users.

20. Governing Law and Dispute Resolution

This Agreement and any dispute between you and the Company arising out of your use of the Website or Service shall be governed by the laws of the Isle of Man and no other laws and shall be exclusively settled by means of binding arbitration / mediation using a neutral arbitrator (not a judge or jury) as follows:
– The appointed arbitration / mediation authority will be nominated by the Company.
– The arbitration / mediation proceedings shall be held on the Isle of Man.
– The number of arbitrators / mediators shall be one.
– The language used in the proceedings shall be English.
– Any award granted shall be final and binding and there shall be no appeal.
By using the Website and / or Service and legally entering into the terms of this Agreement you hereby agree, accept, understand and warrant that you:
– irrevocably consent to the above arbitration / mediation agreement as the exclusive means to settle any dispute resolution between you and the Company
– waive any objection you have now or in the future to its location, jurisdiction and terms
– acknowledge and agree to give up your right to go to court to assert any dispute or claim (except for matters that may be taken to small claims court)
– acknowledge and agree to give up your right to join or participate in any litigation on a class action or representative basis in a private attorney general capacity (or other similarly situated persons) with respect to any claim

21. Force Majeure

The Company shall not be held responsible for any service interruption or performance failure caused by acts of God (or natural disasters), strikes, power outages, terrorism, embargoes, war, fires or any other causes beyond the reasonable control of the affected party.

22. Entire Agreement

This Agreement together with the Privacy Policy and the price list for Subscriptions contained on the payment page of the Website, constitutes the entire agreement between you and the Company concerning the use of the Website and Service.
In the event that any provision of this Agreement is held invalid or otherwise unenforceable, the remainder of the provisions of this Agreement shall continue to apply in full force and effect. If we do not enforce any provisions of this Agreement, this will not in any way be considered a waiver of any provision or right.
The terms of this Agreement are personal to you. You may transfer, assign or delegate them only with our prior written permission. Any and all other attempts to transfer, assign or delegate the terms of this Agreement shall be null and void.

23. REFUND POLICY

Last Updated 20th February 2020
Only membership subscriptions that have not been used as outlined in the fair use policy point 4, will be considered by our Legal Team for a refund.
No refunds will be considered where a Member has failed to cancel their membership subscription within the cancellation timeframe, as stipulated in the Terms & Conditions.
Where a Member has cancelled their membership subscription before the subscription date ends, the Member will not be entitled to a refund of their remaining subscription.
All refunds will be subject to an administration charge in line with our fair use policy.
Members requesting a refund should do so by submitting a ticket via the helpdesk in the members area.

24. Data Retention Policy

Last Updated 20th February 2020
www.LushFling.com Data Retention Policy is designed to help ensure compliance with legal obligations in relation to the retention and deletion of personal information. Personal information that is processed by www.LushFling.com for any purpose or purposes shall not be kept for longer than is necessary to provide the member with dating services.
Members have the right to download a copy of all the data we hold. This can be downloaded from the Membership page on the site. Members can also delete their profile online by contacting our online support team from the Membership page.
As part of our commitment to keeping users safe, we have adapted our retention policy to privately retain information on deleted profiles for a reasonable length of time as may be required to comply with the appropriate law enforcement bodies in the event of cases of harassment, bullying or other criminal acts.

Record Type Retention Period
Information about a computer and about visits to and use of this website (including an IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths) - Indefinitely or 2 years following Profile deletion
Information provided when registering with our website (including email address) - Indefinitely or 2 years following Profile deletion
Information provided when completing a profile on our website (including a name, gender, date of birth and interests) - Indefinitely or 2 years following Profile deletion
Information provided for the purpose of subscribing to email notifications and/or newsletters and promotions (including a name and email address) - Indefinitely or 2 years following Profile deletion
Information provided when using the services on the website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use) - Indefinitely or 2 years following Profile deletion
Information relating to any subscriptions or financial transactions - Indefinitely or 7 years following Profile deletion
Any other personal information chosen to be sent - Indefinitely or 2 years following Profile deletion
Chat room messages - 3 months from posting of message

Security of personal information
www.LushFling.com will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
www.LushFling.com will store all personal information on our secure (password- and firewall-protected) servers.
All electronic financial transactions entered into through our website will be protected by encryption technology.
All electronic financial transactions entered into through our website that are handled by third party sources will be protected by the security measures put in place by the bank or organisation in question.
Members should acknowledge that the transmission of information over the internet is inherently insecure, and that www.LushFling.com cannot guarantee the security of data sent over the internet.
Members will be responsible for keeping their Username and Password used for accessing the www.LushFling.com website confidential; www.LushFling.com will not ask for your password other than when needed to login to our website.

18 U.S.C. 2257

Last Updated 20th February 2020
18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
All models, actors, actresses and other persons that appear in any visual depiction of actual or simulated sexual conduct appearing or otherwise contained in or at www.LushFling.com were over the age of eighteen (18) years at the time of the creation of such depictions. With regard to the remaining depictions of actual sexual conduct appearing or otherwise contained in or at www.LushFling.com, the records required pursuant to 18 U.S.C. 2257 and C.F.R. 75 are kept by the custodian of records listed below.