This terms-of-service agreement is entered into between you and
Upperstage Eng. Ltd, with headquarters in Stavrou 56, Nicosia, Cyprus, registered in
the Republic of Cyprus -Companies Registrate under the number HE 155422
(“AlbumSelection,” “we,” or “us”). The following agreement, together with any
documents it references (collectively, “agreement”), governs your access to
and use of https://www.albumselection.com/, including any content, functionality,
and services offered on or through https://www.albumselection.com/ (“Website”),
whether as a Creator or User.
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Definitions
In this agreement, the following definitions apply:
“Content” means any material uploaded to the Website by a Creator or a User, including any
photos, videos, audio (for example, music and other sounds), livestream material,
data, text (including comments and hashtags), metadata, images, interactive
features, emojis, GIFs, memes, and any other material.
“Creator” means a content creator who has set up their FlirtBack account as a Creator account
to post Content on the Website to be viewed by Users.
“User/Creator Transaction” means any transaction between a User and Creator on the Website by
which access is granted to the Creator’s Content, including in any of the following ways:
(1) a Subscription, (2) payments made by a User to view a Creator’s pay-per-view Content
(pay-per-view media and pay-per-view live stream), and (3) use by the User of the user
interaction function on a Creator’s account.
“User Payment” means any payments made by a User to a Creator (1) for a User/Creator
Transaction, or (2) by way of a tip for a Creator.
“Standard Agreement between User and Creator” means the terms that govern
each User/Creator Transaction that are available at
https://www.albumselection.com/standard-agreement-between-user-and-creator.html
“Subscription” means a User’s subscription to a Creator’s account (whether paid or unpaid,
and whether for one month or as part of a bundle comprising a subscription for more
han one month).
“Tax” means all forms of tax and statutory, governmental, state, federal, provincial,
local government, or municipal charges, duties, imposts, contributions, levies,
withholdings, or liabilities wherever chargeable in any jurisdiction.
“User” means an end user who follows a Creator and can view the Creator’s Content.
“You” or “your” means a Creator or a User or both.
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Acceptance of Agreement
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This document contains very important information regarding your rights and obligations,
and conditions, limitations, and exclusions that might apply to you. Please read it carefully.
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Section 27 of this agreement contains a mandatory arbitration agreement. By using our
Website and accepting this agreement, you hereby (1) agree to binding arbitration of these
claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury
hear your case, or participate as part of a class of plaintiffs for any disputes with us.
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By using the Website or by clicking to accept or agree to the agreement when this option is
made available to you, you accept and agree to be bound and abide by this agreement.
If you do not want to agree to this agreement, you must not access or use the Website.
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This Website is offered and available to persons who are 18-years old or older, who have
reached the age of majority where they live, and who are not prohibited by law from accessing
or viewing sexually explicit content. By using this Website, you state that the following
facts are accurate: (1) you are at least 18-years old; (2) if the laws of your jurisdiction
provide that you can only be legally bound by a contract at an age that is higher than
18-years old, then you are old enough to be legally bound by a contract under the laws of
that jurisdiction; (3) you will provide all other information or verification as we require;
(4) you are permitted by the laws of your jurisdiction to join the Website and to view any
Materials available on it and to use any functionality provided by it; and (5) you are able
and willing to make payment (where required) to view Materials available on the Website
that you wish to view. If you do not meet all these requirements, you must not access or
use the Website.
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Changes to Agreement
We may revise and update this agreement from time to time. The Website will require you
to review and agree to the amended agreement before you can continue to use the Website.
All changes are effective immediately when posted and apply to all access to and use of the
Website afterward. However, any changes to section 26 (Governing Law and Jurisdiction) or
section 27 (Arbitration) will not apply to any disputes for which the parties have actual notice
on or before the date the change is posted on the Website.
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Adult Material; Section 230(d) Notice
You acknowledge that you are aware that some of the Content on the Website contains adult material,
including graphic visual depictions and descriptions of nudity and sexual activity, and you will
take this into account when deciding where to access and view Content. We will not be responsible
to you if you suffer any loss or damage as a result of your accessing or viewing Content containing
adult material in a way that places you in breach of any contract you have with a nonparty
(for example, your employment contract) or in breach of any law.
Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer
hardware, software, or filtering services) are commercially available that may help in limiting
access to material that is harmful to minors. You may find information about providers of these
protections on the Internet by searching “parental control protection” or similar terms.
If minors have access to your computer, please restrain their access to sexually explicit material
by using these products, which we provide for informational purposes only and do not
endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
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Child Sexual Abuse Material (CSAM) Prohibited
We prohibit material involving minors on the Website. We only allow visual media of consenting
adults for consenting adults on the Website. If you see any visual media, real or simulated,
depicting minors engaged in sexual activity on the Website or that is otherwise exploitative of
children, please promptly report this to us at abuse@flirtback.com. Please include with your
report all appropriate evidence, including the date and time of identification. We will promptly
investigate all reports and take proper action, including, but not limited to, termination of
your account, blocking you from opening a new account on the Website, and withholding any
payments owed to you if you are a Creator. We cooperate with any law enforcement agency
investigating alleged child exploitation or child sexual abuse material.
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No Prostitution or Sex Trafficking
You must not use the Website to engage in, participate in, assist, support, or facilitate
any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or
coercion. This includes using the Website to: (1) exchange any personal contact information
with any person or have any type of face-to-face meeting involving one or more persons; or (2)
discuss with any person any type of transaction involving use of any other service or method
of interfacing with that person, including using any other Internet-based service or product.
Any violation of these prohibitions will result in termination of your account, blocking you
from opening a new account on the Website, and withholding any payments owed to you if you
are a Creator. If you see any evidence of prostitution, sex trafficking of children, or sex
trafficking by force, fraud, or coercion on this Website, please promptly report it to us at
support@albumselection.com. Please include with your report all evidence, including the date and time
of identification.
If you are a victim of any type of prostitution, sex trafficking of children, or sex trafficking
by force, fraud, or coercion, please promptly contact local law enforcement and provide them
with all the relevant information. Additionally, please notify FlirtBack by submitting a
private report and provide AlbumSelection with the specific details.
We will promptly investigate all reports and take proper action. FlirtBack will cooperate
with any criminal investigation by any law enforcement agency.
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Accessing the Website
We may withdraw or amend our Website and any service or material provided on it without notice.
We will not be liable if, for any reason, any part of the Website is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of the Website, or
the entire Website, to Creators or Users. You are responsible for making all arrangements
necessary for you to access the Website and its Materials. Access to the Website might not be
legal by certain persons or in certain jurisdictions or might require age verification. We are
not making any statement that the Website or its Materials are accessible or appropriate in
your jurisdiction. Please check with your individual jurisdiction for legality. Otherwise,
you access the Website on your own initiative and are responsible for complying with local laws.
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Your Account; Account Security; Account Deletion; Communication Preferences
To access many of the Website’s features, you must create an account. 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 must provide
a valid email address, a username, and a password or authenticate using any third-party
service offered on the Website. Do not choose a username that is offensive or that infringes
anyone’s service mark, trademark, or trade name. We may delete or require you to change any
username that violates this section 8(a). Your password should be unique (meaning that it is
different from those you use for other websites) and must comply with the Website’s technical
requirements for the composition of passwords. By creating an account, you state that (1) all
account registration and profile information you provide is your own and is accurate; (2) if
you previously had an account on the Website, we did not suspend or terminate that account
for breach of this agreement or any other agreement between you and FlirtBack; and (3) you
are creating an account for your personal use, and you will not sell, rent, or transfer your
account to anyone.
You are responsible for keeping your password and account confidential. Further, you are
responsible for all activities that occur under your account. You must promptly let us know
about any unauthorized use of your account or any other security breach. You must not sell,
rent, lease, share, or provide access to your account to anyone else, including charging anyone
for access to administrative rights on your account. We may disable any username, password,
or other identifier, whether chosen by you or provided by us, for any reason, including if,
in our opinion, you have violated any part of this agreement or any other agreement between
you and AlbumSelection. We may cancel unconfirmed accounts or accounts that have been inactive
for more than a year.
We will not be liable to you for any loss that you might 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 another person or us because of someone else’s use of your password
or account.
You must not use anyone else’s account at any time.
We care about the integrity and security of your personal information. But we cannot guarantee
that unauthorized persons can never defeat the Website’s security measures or use any personal
information you provide to us for improper purposes. You provide your personal information
at your own risk.
If you want to delete your AlbumSelection account then you may do so in the account settings of
your AlbumSelection account. Account deletion is subject to the following rules:
- if you are a User, the deletion of your account will take place within a
reasonable time after your request;
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if you are a Creator, then once you initiate the account deletion process your account will
remain open until the last day of your Users’ paid Subscription period, after which you
will receive your final payment and your account will be deleted;
- if you are both a User and a Creator then your account will be deleted in two stages
(User first and then Creator); and
- once your account has been deleted you will not be charged any further amounts or have
access to your former AlbumSelection account or its Content, and any Subscriptions will be
deleted and cannot be later renewed. You will receive an email confirmation on the successful
deletion of your account. Once your account has been deleted, we may deal with your Content
in any appropriate manner in accordance with our Privacy Policy (including by deleting it)
and you will no longer be entitled to access your Content. There is no technical facility
on AlbumSelection for you to be able to access your Content after termination of your
account.
By registering for an account, you hereby consent to receive electronic communications from us
about your account. Communications might involve sending emails to the email address you provided
during registration or posting communications on the Website and will include notices about
your account (e.g., change in password, confirmation emails, and other transactional information)
and are part of your relationship with us. You acknowledge that any notices, agreements,
disclosures, or other communications that we send you electronically will satisfy any legal
communication requirements, including that those communications be in writing. We recommend
that you keep copies of electronic communications by printing a paper copy or saving an
electronic copy. You also hereby consent to receive other communications from us, including
newsletters about new features and content, special offers, promotional announcements,
and customer surveys by email or other methods. You acknowledge that communications you
receive from us might contain sexually explicit material unsuitable for minors. If you no
longer want to receive non-transactional communications from us, please review our Privacy
Policy on how to opt out of marketing communications.
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Intellectual Property Rights
- AlbumSelection owns and operates the Website. All content, features, functionality,
and other materials found on the Website, including all visual interfaces, graphics,
information, software (including source code and object code), text, displays, images,
photos, videos, and audio, and the design, selection, and arrangement of them (collectively,
“Materials”) are owned by AlbumSelection, its licensors, or other providers of those Materials.
United States copyright, trademark, patent, trade secret, and other intellectual property
or proprietary rights laws protect all Materials found on the Website.
- FlirtBack hereby grants you a single, limited, personal, nontransferable, nonsublicensable,
nonexclusive license (i.e., a personal and limited right) to access and use the Website and
the Materials for your personal, noncommercial use only. You must not reproduce, distribute,
resell, modify, create derivative works of, publicly display, publicly perform, republish,
download, store, or transmit any of the Materials on the Website, except as follows:
- your computer may temporarily store copies of the Materials in RAM incidental to your
accessing and viewing those Materials;
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you may store files that are automatically cached by your Web browser for display
enhancement purposes;
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you may print or download 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;
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you may view any Content to which you have properly gained access solely for your personal,
noncommercial use and not for further reproduction, publication, or distribution;
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if we offer 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, subject to our end user license agreement for those applications;
and
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if we provide social media features with certain content, you may take those actions
as are enabled by those features.
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You must not:
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download any Materials unless the Website itself gives you that option;
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modify copies of any Materials from the Website;
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use any illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text;
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delete or alter any copyright, trademark, or other proprietary rights notices from
copies of the Materials from the Website; and
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access or use any part of the Website or the Materials available through it for any
commercial purposes unless we agree otherwise in writing.
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If you print, copy, modify, download, record, or otherwise use or provide any other person
with access to any part of the Materials in breach of this agreement, your right to use the
Website will terminate immediately, and you must, at our option, return or destroy any
copies of the Materials you have made. No interest in the Website or any Materials on the
Website is transferred to you, and FlirtBack reserves all rights not expressly granted.
Any use of the Website not expressly permitted by this agreement is a breach of this
agreement and might violate copyright, trademark, and other laws.
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AlbumSelection name and logo; the terms AlbumSelection; the Website’s logo; and all related
names, domain names, logos, product and service names, designs, and slogans, as well as
the Website’s look and feel, including all page headers, custom graphics, button icons,
and scripts are trademarks or trade dress of AlbumSelection, its affiliates, or licensors.
You must not use those marks in whole or in part with any product or service that is not
ours, in any manner that is likely to cause confusion among consumers, or in any way that
disparages or discredits us, without first obtaining our written permission. Any use of
these marks must be under any guidelines that we may provide you with from time to time.
All other service marks, trademarks, trade names, logos, product and service names, designs,
and slogans on this Website are the marks of their respective owners. Reference on the
Website to any products, services, processes, or other information—by trade name, trademark,
manufacturer, supplier, or otherwise—does not constitute or imply our endorsement,
sponsorship, recommendation, or any other affiliation.
Prohibited Uses
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You must use the Website only for lawful purposes and in accordance with this agreement
and the Acceptable Use Policy[a]. You must not use the Website:
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in any way that violates any law or regulation;
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to exploit, harm, or try to exploit or harm minors in any way by exposing them
to inappropriate content, asking for personal information, or otherwise;
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to engage in, take part in, aid, support, promote, ask for, or ease any
act of prostitution, sex trafficking
of children, or sex trafficking by force, fraud, or coercion;
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to harass or stalk any person;
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to send, knowingly receive, upload, download, use, or re-use any Content that
does not comply with the Acceptable Use Policy ;
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to impersonate or try to impersonate us, a FlirtBack employee, another
Creator or User, or any other person or entity (including by using email
addresses or usernames associated with any of the preceding); or
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to engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Website, or which, as we decide, may harm you or us or
expose you or us to liability.
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Additionally, you must not:
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use the Website in any way that could disable, overburden, damage, or impair
the Website or interfere with any other person’s use of the Website, including
their ability to engage in real-time activities through the Website;
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conduct, facilitate, authorize, or permit any text or data mining or web scraping
regarding the Website or any services provided through, or concerning, the
Website. This includes using (or permitting, authorizing, or attempting to use):
(A) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program,
tool, algorithm, code, process, or methodology to access, obtain, copy, monitor,
record, or republish any part of the Website or any data, content, information,
or services accessed through the Website; or (B) any automated analytical
technique aimed at analyzing text and data in digital form to generate
information that includes but is not limited to patterns, trends, and correlations;
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use any manual process to monitor or copy any of the Materials or any other
unauthorized purpose without our prior written consent;
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use any device, software, or routine that interferes with the proper working
of the Website;
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introduce any viruses, Trojan horses, worms, logic bombs, or other material
that is malicious or technologically harmful;
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attempt to gain unauthorized access to, interfere with, damage, or disrupt any
part of the Website, the server on which the Website is stored, or any server,
computer, or database connected to the Website;
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attack the Website via a denial-of-service attack or a distributed
denial-of-service attack; or
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otherwise try to interfere with the Website’s proper working.
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Unsolicited Idea Submission Policy
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e and our employees do not accept or consider unsolicited ideas, suggestions,
proposals, comments, or materials, including new or improved products, services or
technologies, product or service enhancements, processes, advertising campaigns,
promotions, marketing plans, or new product or service names (collectively,
“Submissions”). Please do not send any Submissions in any form to us or any of our
employees. The sole purpose of this policy is to avoid potential misunderstandings
or disputes when our products, services, marketing, or other projects might seem
similar to any Submissions made to us. If, despite our policy, you still submit your
ideas to us, the following terms will apply to your Submissions, regardless of what
your communication states. You acknowledge that: (1) we will consider the Submissions
to be nonconfidential and nonproprietary; (2) we may use, copy, redistribute, and
disclose the Submissions for any purpose in any way, without compensation to you or
any other person or party; and (3) we will have no obligations for the Submissions,
including no obligation to review the Submissions, return any materials, or
acknowledge receipt of the Submissions. If you do not agree to these terms, please
do not send us any Submissions.
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While we cannot accept unsolicited ideas, we always welcome feedback on our existing
business. If you want to send us your feedback, please only provide specific feedback
on our existing business and do not include ideas that the policy stated in section
36 prohibits. Any feedback you provide is considered nonconfidential and nonproprietary.
We will be free to use that information on an unrestricted basis with no compensation
to you or any other person or party.