T.O.S.

Terms of Service (updated 06/16/12)

1. You MUST have the license to use any content you provide to me. This goes for photos and even written material. If I find out during the design process that the material you want used for the project is not legally yours to use, I will be forced to demand proof that you own the content or licensing. If you can not provide it to me I will stop your project immediately until you can provide me with material you are legally able to use. In the event that you can not provide me with legally usable material at that point, I will not be able to complete your project and since I’ve already started work on it, you will not receive a refund.

2. I will do my very best to make sure that your project is Niteflirt TOS compliant regarding images/photos/subject matter (if it is to be used on Niteflirt or a Niteflirt compliant website) but in the end that is not my responsibility. You will not hold me responsible if for any reason the material causes you issue with Niteflirt. However, if an issue occurs, you may contact me and forward me the information Playfair gives you on why it is non-compliant, and I will fix the specific issue that Niteflirt has said is non-compliant. *This does not apply to future NF code changes- see clause 11 for those terms and conditions*

3. Payment is due upfront for all projects. I will not begin working on your project until payment is made. This means that if you say you want your project done by a specific date, but don’t get payment to me by a date we’ve agreed upon (typically up front at time of scheduling, but definitely no later then 7 days prior to the agreed upon start date for custom work), your project may be delayed.

4. All material I request from you in order to complete your project is due at the time of payment. If it is not received, even if payment is made, your project may be delayed. I absolutely can NOT work on your custom design without some photos and some idea of colors, etc for your design.

5. Time frames I give you during a consultation are estimates; these time frames may change depending on when you are able to make payment and get me the materials I need, or due to circumstances beyond my control.

6. I will need to contact you throughout the process to confer about certain design aspects. Not contacting me back in a reasonable time frame may delay the project.

7. Returns/Refunds At the time you ask for a refund, I may have already put countless hours and energy into your project which is what you have paid me for. Additionally, I may have refused other work to schedule your project. Due to these, and other factors pertaining to digital work there are no refunds or ‘returns’. If you are unhappy with my work, I will absolutely make any changes necessary to correct it to what you have in mind. I am confident in my abilities to meet your expectations, if something is beyond my skill set when you book the project I will tell you so and decline the project, so that should never be an issue.

However, if the project changes during the design process due to your previously undiscussed needs/requirements and you have already paid for a project that I am now unable to do as the changes you want are beyond my skill set, then, and only then, I will discuss refunding you for the part of the project I have not yet started on. I will still keep part of the payment for any work I have done up to that point.

8. Changes after Project Completion/ Satisfaction guarantee- As described above, I do not offer refunds or returns. However, I want you to be 100% happy with your finished project. If there is anything you are not happy with please contact me as soon as possible, and within 30 days from your receipt of the material, and I will work with you to get it right. I will fix any mistakes found at any time, however if it is a matter of something in the design you just don’t like, I will limit changes to anything you report to me within 30 days of receiving the product. Anything within 30 days I will happily fix until you are completely satisfied! Don’t be afraid to contact me about it- I want you to be happy, and I will do everything I can to change it to what you have in mind!

9. Hosting and design set-up:

Hosting:

I do not provide hosting at this time. In order to use anything on my site, from freebies to templates to custom work, you will need your own hosting. This can be on your own server if you have your own domain, or you will have to find suitable adult hosting. If you are interested in having your own adult website for your phone sex business, where you can have a phone sex website, blog, and your own image/video etc hosting- please contact me for information about the fantastic host I use and how I can help you get started! It’s a lot cheaper then you think, and a great way to promote your Niteflirt or any Adult business.

Setting up your new custom listings or templates:

In order to use the content you purchase from me, you will need to know some basic HTML and have a hosting solution, either your own domain or an adult hosting company or Niteflirt’s File Manager. I do offer ‘full installation’ help for the purchased template  for an additional fee if necessary. Full installation help consists of my hosting your images, adding your text, photos, and ptv codes coded to your new custom buttons. I will then provide you with a text file that you simply copy and paste into your listing- no coding required on your end. This service costs $25.

If you’d prefer to do it on your own, I have tutorials that can help you with how to insert images into your Niteflirt listings, how to attach your PTV paymail codes to your buttons, and much more, in my Flirt Help/Tutorials Section. If you still need help after trying those help files, please contact me and I will be happy to help you complete the installation as detailed above.

10.Theft/Copywrite Infringement- I take this very seriously. The only images that you are able to take and use from this site without payment are the images found in the ‘Free Stuff!!’ section. Any other images on this site are considered copywrited material and using them is considered theft under the law. When you make a purchase you are not buying the images, but you are buying a right to use them indefinitely without fear of revocation. The work is still my intellectual property. You may not claim it as your work, or resell it in any fashion. You may only use it for one character, but may use it in multiple places if you like, such as your Niteflirt listings and your blog, etc. Copywrite infringement will be pursued through all legal options available.. In other words- don’t steal my stuff, or there will be consequences! Thanks :)

11. I reserve the right to show all of my work, custom or otherwise, on my site (or wherever I choose) as examples of my work for future clients. If you would rather I not display your custom project on the site or elsewhere, that is fine, but you must notify me in writing of this request. I will then send you confirmation in writing, agreeing to your request. If you don’t have the written confirmation from me, then my right to display it stands. **Due to the nature of PTV games, I will NOT show PTV games in my portfolio, in order to keep your game play a secret so others don’t copy it. However if you requested a custom image for your game that in my opinion does NOT giveaway the gameplay itself, I reserve the right to post just that image in my portfolio, with no details about the game itself.

12. Due to the changes NF has been making with coding, I am forced to add a clause here that I can only guarantee your design product working AT the time of sale. This means that if NF changes their code requirements after that, I can not guarantee the design will still work correctly. I also may not be able to fix the listing for free. A nominal fee will be charged to bring the code up to NF’s new requirements at that time. Many know that during the most recent changes NF made that came completely out of left field, I have fixed all work for free. However I can not predict what NF may do in the future, and therefore can not continue to make fixes for free if for example, they make several changes a year. I hate to make you ladies pay over and over again, but it is NF, not myself, that is causing these issues. I will always fix the work for you to comply as long as it is possible (meaning NF hasn’t flat out banned some type of coding that is integral to your design working), but a small fee will have to be charged for my time. Thank you for your understanding.

13. TOS specifically relating to your responsibilities for maintaining your wordpress website can be found here-

Maintaining your WordPress Adult Website

PLEASE read that page- it is very important info that you need to know, to prevent breaking your website or losing your content! If you contact me for these issues and have not followed those instructions, there will be a fee for fixing or replacing your website.

14. I post updates and information (including TOS updates) via blog and twitter when they come up. I highly recommend you read my blog regularly, OR follow me on twitter @ sinfulNFdesigns or subscribe to my post RSS feed. These are the only ways you will find out about important updates! You *must* do one of the above to keep informed of future updates and/or TOS changes.

15. These terms are subject to change at anytime.