FlirtBids Membership Agreement

Last Revised November 2014

This is a legal agreement between You and ACK Enterprises, LLC, doing business as, and hereinafter referred to as “FlirtBids.” The provisions of this Agreement will govern Your use of Our Website. FlirtBids allows “Sellers” to list items for sale through an Auction or Buy Now format, and this Membership Agreement governs Your use of the “Site”. The policies, terms and conditions detailed below limit FlirtBids’s liability and obligations to You and allow FlirtBids to change, suspend or terminate Your access to and use of the Site.

If FlirtBids accepts Your Membership application, You will become a “Member” having access to the Site only under the policies, terms and conditions lists below.


                “We”, “Us” or first person pronouns- the provider of, ACK Enterprises, LLC.

“the Site”, the website, and all its services including but not limited to all communications made through and any content that is provided by or transmitted through

“Member” or “User”- the users of the Site who accept and enter into the Membership Agreement and those who use the site to purchase content through the Site and from other Members.

“You” and all second person pronouns- the reader and signer of this Membership Agreement or user of the Site

“Seller” – A Member who creates a Listing with the intent of selling Item(s)

“Buyer” – A Member who bids or buys an item from a Seller’s Listing

“Listing”- The posting and description of an Item for sale by a Seller.

“Items”- Any tangible good which is listed on the Site by a Seller for sale to other Members

“Purchases”- Items that are sold to another Member

 “Transaction”– an Item purchased through the Site initiated using Your password and Member account information.

If there is ever any conflict between the terms or conditions outlined in related policies and this Membership Agreement, the terms and conditions of the Membership Agreement shall supersede all others.

By ‘Accepting’ the terms and conditions of this Membership Agreement, You understand that You accept all terms and conditions. You also demonstrate acceptance of this Membership agreement by registering to the Site, communicating with Members of the Site, utilizing any of the available content on the Site, and by distributing content on the Site. By doing so, You agree to be obligated to the terms and conditions of this Membership Agreement.

Any and all usage of the Site is regulated by the terms and conditions outlined in this Membership Agreement, the Policies presented on the Site, and any notifications communicated through the Site. All Users must accept the terms and conditions set forth in this Membership Agreement in order to use and access the Site. If You do not accept the regulations of this Membership Agreement, then You may not use or gain admittance into the Site.


  1. Membership Eligibility

The Site is available for use only to persons who are at least eighteen (18) years old, or twenty-one (21) years old, depending on the age of majority in Your jurisdiction, and are otherwise capable of forming legally binding contracts under applicable laws. FlirtBids may, in its sole discretion, require proof from Members, that they have attained the age of majority in their jurisdiction prior to using the Site. Failure to produce proof of age will result in termination of Your Membership.

You agree not to use or access the Site or become a Member if doing so violates any law, regulation, decree, treaty or administrative act of Your state, province or country. FlirtBids makes no representations that the Site or any contents it contains are appropriate or available for use in other locations, and You represent and warrant that access to the Site and its contents in Your state, province, or country is not illegal or is otherwise prohibited. In addition You cannot access the Site if You reside in a country that is prohibited from entering into trade relations with the United States or its citizens, countries include but not limited to Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia. Those who choose to access the Site from such locations do so, on their own initiative and are solely responsible. Without limiting the foregoing, the Site is not available to temporarily or indefinitely suspended Members.


  1. You use or offer content, and interact with Members and Sellers, at Your own discretion.

(a) FlirtBids does not provide or produce the content which is for sale by Sellers, or information and/or exchanges between Members in any manner. FlirtBids does not itself provide any form of information, services or other merchandise. FlirtBids serves as a technological facility that permits Members to share and sell content and information among its community of Members. While FlirtBids aids in connecting Members with one another, it does not guarantee the validity or accuracy of the information or content exchanged or delivered between Members. Consequently, FlirtBids does not govern, nor is it to be held liable for, the opinions, safety, quality, morality, politically correctness, views, content, language, depictions, legality, or validity of any words, depictions, or content which is posted by the Members of the Site on the Member’s Profile or Sellers Listing, through private messages, on social media, or through any type of interaction made available through the Site. As a Member, You will prescribe to proper judgement and prudence in regards to displaying and sharing information with other Members, usage of the Site and its services, evaluation of statements made and content posted on the Site, providing feedback, and making purchases. Failure to prescribe to proper judgement and common sense is done so at Your own consequence. The Site does not condone its Members to initiate or advance discussions in regards to meeting other Members in person. If such discussions and/or in person meeting takes place, then FlirtBids and all affiliates are not responsible for any activity which takes places as the Site forbids any communications or meetings of this sort. FlirtBids attempts to monitor messages, comments, and content for efficiency but cannot oversee all areas of the Site at all times. Therefore, FlirtBids assumes no accountability for governing all of the Members at all times. If, as a Member, you suspect a Member has violated or may potentially be in violation of any laws or statutes, FlirtBids instructs you to contact the Site immediately so that a report may be placed on record and a relevant form of law enforcement may be contacted, if necessary, by the Site.

(b) FlirtBids does not mention, recommend, endorse, authenticate, assess or assure any material, entertainment services or other content or services made available by any specific Sellers or Members, or Items. No parts or areas of the Site, Items, or mentions of Sellers or Members are to be considered as a commendation, approval, or promise of any Sellers by FlirtBids. As mentioned earlier, You must use common sense to decide whether or not to remain using the Site, subscribing to or purchasing any and all Items, responding to messages from Members, or any type of interaction with Members on and off the Site. FlirtBids, may at any point in time, monitor, review, or investigate communications between Members made on the Site to enforce any currently existing policies or regulations set forth in the Membership Agreement or any of the existing policies and practices of the Site. If any Member fails to follow the policies listed in this Membership Agreement or in any of the currently existing policies and practices of the Site, then FlirtBids reserves the right to take any necessary actions related to the Member account in violation of compliancy with the Membership Agreement or policies of the Site. When You accept this Membership Agreement, You also accept any existing policies and practices on the Site.


  1. Modifications to the Membership Agreement and Policies

FlirtBids reserves all rights in its sole option to amend or terminate the Site, or adapt the terms and conditions of Your usage of the Site, without notification. All amended changes to the terms and conditions will be operative thirty (30) days after they are originally displayed on the Site. Modifications to the Payment Policy are active after FlirtBids offers Sellers with at least but no less than fourteen (14) days prior notice of the changes by emailing or contacting all active Sellers. All updated versions of the Membership Agreement and Policies will supersede all previous versions upon posting.

FlirtBids will attempt to take necessary steps in order to notify You of changes to the Site’s terms and conditions; however it will remain Your responsibility to regularly check the Site for updates to the Membership Agreement and Policies.

If You do not agree with any changes to the Membership Agreement or any other changes to the policies of the Site, Your only viable alternative is to cease using the Site. By remaining to use any of the features of the Site, You accept and agree to be obligated to any of the modifications of the Membership Agreement, policies or business practices of the and You agree to take full responsibility for Your failure to review changes to the Site’s new terms and conditions. FlirtBids will not be responsible for Your neglect of Your legal rights.


  1. Suspension or Termination of Membership

You authorize FlirtBids to possess the right at any location in time to suspend or terminate Your membership and disable Your future use and/or access to the Site without any reason or prior notice to You in the event that any of Your actions or decisions breach this Membership Agreement, infringe on any current policies on the Site, potentially violate any laws or statutes, or in cases where FlirtBids deems, in good faith, that Your actions may be harmful to You, any Members, FlirtBids, or the Site, in any manner. In those particular instances and in situations where FlirtBids is unable to confirm or validate any billing or payment information You offer to the Site, FlirtBids may contact Your affiliated bank and/or the relevant authorities or administer appropriate action without notice to You.  FlirtBids reserve the right, at any point, to terminate a Member’s account due to inactivity if You do not access Your account for a period of twelve (12) consecutive months or more.

You reserve the right to terminate Your Account and association with FlirtBids at any time if You are dissatisfied with any

  • terms or conditions in this Membership Agreement or related policies,
  • content available through the Site, or
  • amount or type of fees or if the billing methods change.

You can terminate Your Membership with FlirtBids by reaching us as follows:


Subject: Account Termination

Your notice of termination will be effective upon receipt by Us. Members will receive a confirmation of termination from FlirtBids via email.

In the event of any form of termination, in regards to Members accounts, FlirtBids will payout all remaining earnings due to You up until the point of termination on the next payment date after the end of the current payment period has been completed. In the event of any form of termination, You agree to forfeit any existing credits in Your account to FlirtBids as You acknowledge that all credits are non-refundable in that situation.

You agree that if Your Membership is terminated by Us, for whatever reason, You will not attempt to re-register or use the log in details of an existing Member, using the same or different username or using the same or different IP address, without prior written consent from Us. Active Members will not knowingly allow terminated Members to use their active account or post terminated Members Media and/or content through their active Account. Failing to comply with this ordinance will result in the immediate termination of all Members proven or suspected to be involved.


  1. The Site is only a setting for the exchange of Content and entertainment

FlirtBids is not an Auctioneer. FlirtBids serves only as a technological venue that allows users to offer, sell and buy items, in a number of formats including a fixed price format and an online auction style format. We are not involved in the transactions between Buyers and Sellers but merely provide that venue to facilitate them, and thus have no control over the quality, safety or legality of items advertised, the truth or accuracy of the listings, and the ability for the seller or buyer to complete the transaction.

As a Member, You are not an employee, agent or contractor of FlirtBids, and You shall not denote that You are any of the former. All Sellers are independent contractors. You are solely accountable for all equipment, fees, tolls, bills, charges and costs necessary to access and use the Site and Store function, and for the legal reporting and payment of all taxes associated with payments paid to You by FlirtBids as required in Your lawful jurisdiction.

You also understand and accept that The Site and Services offered are to be used purely for entertainment and recreational purposes, and hereby release FlirtBids and all other users from any liability for invasion of privacy, defamation, false light and related torts, in the event that Your content is made public on any and all sites related and not related to FlirtBids.

The Site acts as a technological service, We do not transfer the legal ownership of items from seller to buyer.


  1. Ownership of the Site including all URLs and any content created or derived from the Site.

FlirtBids owns all legal and intellectual rights to the titles, procedures, systems, devices, content, processes, format, designs, logos, URLs, buttons, patents, copyrights, trademarks, likenesses, intellectual property, derivative works, improvements and features. No use of such materials, tangible and intangible, owned by FlirtBids or the Site may be used, shared or displayed in any manner unless with expressed written consent by FlirtBids.

Additionally, You agree and recognize that over time Your username may be given to another Member in the event Your account is not currently active or in the event that Your account is closed. Moreover, You bestow upon FlirtBids, its affiliates, subsidiaries, and media providers the legal right to use, reproduce, distribute, exhibit, mention, sell or utilize any Information which You upload as well as Your username, descriptions, prices, and Items.

You agree to give FlirtBids irrevocable non-exclusive royalty free rights to use any of Your uploaded Information for any purpose, including publication, sale, display, modification, and creation of derivative works. In the case that a Member is terminated due to violate of the Membership Agreement or Policies, FlirtBids will retain ownership of all digital media until such time that the owner provides a written statement requesting removal and for ownership to be reverted back to the original owner.


  1. You are exclusively liable for any and all use made of the Site under Your password and Member account information and approve to pay for all Items bought using Your password and Member account information
    1. The related Seller’s Listing sets the prices of the Items which are made available. You hereby grant FlirtBids the permission to allow Our payment processor to collect fees for each Transaction by debiting Your Membership account immediately upon the finality of each Transaction, irrespective to the quality or the completeness of the Item. You authorize FlirtBids, openly or through third parties, to create any investigations we consider necessary and reasonable to authenticate Your Member account. This may include assembling a credit report and executing other necessary credit checks or otherwise confirm the information You provide to the Site.
    2. You agree that You will not authorize, enable, permit or facilitate access to and/or use of Your account to non-Members and or existing Members. You are solely responsible for all usage or activity related to the Site made under Your password and Member account information. You agree to not disclose Your password and Member account information to any individuals and to monitor and track all activities that occur under Your Member name, password or member account, including but not limited to, all prior and outstanding transactions, postings, public messages, and all usage of the Site as You are the sole party responsible for any activity on Your account.
    3. You do not hold FlirtBids liable or responsible for any loss, whether financial or not, that You may incur due to the unauthorized use of Your Member account and password. You also agree to the terms outlined in the Privacy Policy in regards to Your information which You provide to the Site.
    4. Based on Member account use and other factors identified by FlirtBids or its payment processor, in its sole discretion, FlirtBids may request verification of Your identity, age, nationality and/or other background information in order for You to continue to use the Site and to be allowed to post Content. Accordingly, You agree to deliver any additional information that may be requested by FlirtBids, You consent to FlirtBids’s release of Your personal information to third-party service providers, such as but not limited to FlirtBids’s payment processor or law enforcement, in order to verify Your identity, age, nationality and/or other background information.
    5. You may not allow minors to access the Site through the use of Your Membership Account.


  1. By using the Site, You agree to obey with the following:
  1. All Members agree to provide true, accurate, current and complete information at the time of registration as well as always accurate, true and complete payment registration information. Furthermore, all Members agree to promptly update their personal information in the event of changes or to promptly notify the appropriate staff of the Site in regards to these changes. You will not use false identities or impersonate any other person or use a name that You are not authorized to use.
  2. All Members must comply with all FlirtBids’s policies.
  3. You will not post content on the Site that violates the Banned Item List.
  4. You will fully comply with any request of FlirtBids in relation to investigations of claims or suspected fraudulent, illegal or suspicious activity. This may include but not limited to granting FlirtBids the right to access any portions of Your account on the Site which are password protected. When these situations arise, You may contact the Site directly to ensure the person asking for such information is affiliated with the Site.
  5. You will process all transactions through the Site, and You will not circumvent or attempt to circumvent the Site using third-party payment services.
  6. You will not use the Site as a means to harass, defame, stalk, or endanger any Member in regards to Content posted, information displayed, or messages exchanged on the Site.
  7. You are to be respectful of the privacy of other Members and should not attempt to gain access to any information which relates to any Member that is not displayed on a Member’s own recognisance. Unlawful disclosures of private information violate federal laws.
  8. You will not copy or reproduce any content related to the Site, this includes but is not limited to knowingly or unknowingly creating copies of Content, screenshots of any area of the Site as well as Items, or copying written information.
  9. You will not distribute mass emails or postings on the Site which the staff of FlirtBids may deem as “spam” or solicit other Members by any means such as but not limited to private work or participation / involvement in other websites.
  10. You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for Yourself or other Members, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member Store.
  11. You will not transmit unlawful content such as content displaying drug use, child pornography, rape, unauthorized recording of individuals, or any other type of content which may violate local and federal law. Therefore, You will follow all relevant laws and active regulations which govern Your activities on the Site.
  12. You will not attempt to circumnavigate any encryption or other security tools used anywhere on the Site, or us any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site and any communications on it. Furthermore, You will not attempt to gain unauthorized access to another Member’s account and/or information, computer system, network or database associated with the Site. FlirtBids reserves the right to contact the appropriate areas of law enforcement if such activity occurs on the Site.
  13. Neither you, or another Member may manipulate the price or information of an item, nor may interfere with other’s listings or transactions.
  14. You will not encourage, force, instruct, or coerce any individual(s) to violate any of the statements described in this Membership Agreement or any of the policies of FlirtBids.


  1. Fees

Joining and browsing of FlirtBids is free, however We do charge fees and commissions on the Listing and sale of Items through our Site. A full list of associated fees can be found in the Payment Policy. All fees and prices on FlirtBids being quoted in U.S. Dollars. It is the sole responsibility of the Seller and the Buyer to be aware of and pay all fees associated with using the services offered by FlirtBids.


  1. Bidding and Buying

As a Buyer you are obligated to

  • complete the transaction with the Seller if you purchase an item through a ‘Buy Now’ sales format
  • complete the transaction with the Seller if you are the highest bidder at the end of an auction, when the applicable minimum bid or reserve requirements are met, and your bid is accepted by the Seller, unless the transaction is prohibited by law or by this Agreement.

Buyers must not

  • Bid with no serious intention of buying. Every bid or commitment to buy is a binding contract.
  • Engage or participate in shill bidding or buying to artificially increase an item’s price or apparent popularity. Bidders on an item must be wholly independent from the seller of the item.

A bid is a binding contract and by bidding on an item you agree to be bound by the terms and condition of the sale included in the item’s description as long as those conditions are not in violation with this Agreement or unlawful. Upon completion of a sale, the Buyer will become the lawful owner of the item upon physical receipt of the item form the seller.

Bids are not retractable expect in exceptional circumstances, such as the seller significantly changes the item’s description after you have already bid. In such an event, email and your bid may be removed.


  1. Listing and Selling

Sellers must be the legal owner of all listed items and be legally able to sell the item(s) listed on the Site. The seller must describe their item(s) and all terms of sale on the listing page of the Site. You may not list your item(s) with the intent of sending users to external sites to facilitate the sale.

  • All listings must only include text descriptions, graphics, pictures or other content directly relevant to the item for sale.
  • All items and shipping must comply with all local, state and federal laws.
  • Sellers must not place any third party advertising or links, personal or commercial, on any listings.
  • All items must be listed in the appropriate categories and all items in multiple item listings must be identical.
  • Sellers must not solicit a sale, payment or transactions outside of the Site.


  1. Binding Bids

If an item receives at least one bid at or above the minimum stated price, or reserve price in reserve auction, then you as the seller are obligated to complete the transaction with the highest bidder upon the completion of the auction, unless in the event of exception circumstances such as

  • The buyer fails to meet the terms of your listing, e.g. payment method
  • You cannot authenticate the Buyer’s identity


  1. Restricted Auction Activities.

All information and items listed on the Site must not:

  1. Be false, inaccurate or misleading;
  2. Be fraudulent or involved the sale of stolen or counterfeit items
  3. Infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
  4. Violate any law statue, ordinate or regulation, including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising
  5. Be defamatory, trade libellous, unlawfully threaten or unlawfully harass
  6. Be obscene or contain child pornography or bestiality
  7. Offer services that consummate a meeting between buyer and seller
  8. Offer any service or item as a raffle
  9. Does not contain an actual tangible item or service
  10. Contain any electronic computer programming that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information through the use or implementation of but not limited to viruses, Trojan horses, worms, time bombs, cancelbots and easter eggs.
  11. Be an item that offers bodily fluids
  12. Create liability for us or cause us to lose (in whole or part) the services of our IPSs or other suppliers
  13. Link directly or indirectly to or include descriptions of good or services that:
    • Are prohibited under this agreement;
    • Are on the Banned Items List
    • Are identical to other items you have for auction but are priced lower than your item’s reserve or minimum bid amount
    • Are concurrently listed for sale on a web site other than FlirtBids (this does not include linking to another website)
    • You may not list any item on the Site (or consummate any transaction that was initiated using our Service) that, by paying us the listing fee, could cause us to violate any applicable law, statue, ordinance or regulation.


  1. Disclaimer of Warranties

You expressly agree that Your use of the Site or any services or any of the purchase of Items contained therein is at Your own and sole risk. The Site and any Items obtained through the Site are provided “As Is” with no warranty of any kind, expressed or implied, regarding the Site, Items and all communications made between Member through the use of the site, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. FlirtBids also makes no warranties or representations that the Site or its service or any materials contained therein, will be uninterrupted, timely, secure or error free, nor do We make warranties or representation as to the quality, suitability, truth, usefulness, accuracy or completeness of the Site or its services and materials. Furthermore, FlirtBids cannot guarantee that Your Items will be successfully delivered to our Users/Customers whether or not such failure is due to circumstances with Our control or through other forces.

In addition, FlirtBids makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusion may not apply to You.


  1. Limitation of Liability

Under no circumstances will FlirtBids be held liable to You, or any third party, for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Site or Items, whether or not FlirtBids has been advised of the possibility of such damages.

Without limiting the generality of the foregoing, FlirtBids and its suppliers’ aggregate liability to You arising with respect to this agreement will not exceed one hundred dollars ($100). FlirtBids will not be liable for the consequences of any interruptions or errors. However, due to some jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, the above limitation and exclusions may not apply to You.


  1. Copyright and Trademark Policy

You may not use the Site to distribute, sell, present, promote or feature Items or any materials which interferes with copyrights, trademarks, intellectual property or likenesses of third parties.

If You believe that Your work has been copied in a way that constitutes copyright infringement, or You believe that Your federally registered trademark is being used by Member in a way that constitutes trademark infringement, please provide FlirtBids with the following information required under 17 U.S.C. § 512 of the DMCA:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FlirtBids to locate the material;

(d) Information reasonably sufficient to permit FlirtBids to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


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


Subject: Copyright and Trademark Infringement

Upon receipt of notice as described above, FlirtBids will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site, and/or termination of the Member’s account.


  1. Links to External Websites

FlirtBids may provide links to websites that are owned and operated by third parties. Such links are provided for reference only and FlirtBids neither controls such websites nor endorses any of the material on any such websites or any association with their operators and therefore You acknowledge and agree that We are not responsible or liable for content, advertising, services, Items or other materials on or available from such websites and resources. In addition, You acknowledge and agree that We shall not be held responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused to You by or in connection with the use of third party websites.


  1. Notices

Any notice or other communication required by Us to You, will be given in writing and sent via email to the address provided to Us by You. Any notice or other communication from You to Us, should be sent via email to the appropriate address to which Your communication relates.

It is the responsibility of both parties to notify the other party of changes to their email address. FlirtBids will accept no responsibility for notices not received due to You not maintaining Your contact details and keeping them up to date.

The date of receipt shall be deemed the date on which such electronic notice is transmitted. Any correctly addressed notice that is refused, unclaimed or undelivered, because of an act or omission of the You to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the email server. FlirtBids will take no responsibility for notifications not received.


  1. Arbitration

If there is a dispute or controversy between FlirtBids and You arising out of or otherwise relating to this Membership Agreement, and the two parties cannot in good faith resolve the dispute, then You and FlirtBids agree the same shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association.

The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore provisions of this Membership Agreement; and shall be bound by governing and applicable laws.

The arbitrator’s decision shall be final and non-appealable. The arbitration shall be conducted in Pittsburgh, Pennsylvania, and the judgement on the arbitration award may be entered in any applicable court’s jurisdiction.