Lovetastic: dating for gay men who believe in love

Terms of Service

You are currently accessing the Lovetastic.com Website (the “Website”), an on-line community service owned and operated by Shy Hipster Networks LLC (“SHN” or “we” hereafter) and located on the Internet at http://Lovetastic.com (formerly http://scene404.com).

BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT; PLEASE READ IT CAREFULLY.

This Terms of Service Agreement (the “TOS” or “Agreement” hereafter) governs your use of the Website, your participation in any events or activities sponsored or promoted by SHN, and your purchase of any services or products from SHN. You indicate your acceptance of all the provisions of this TOS by completing the sign-up process located on the Internet at http://Lovetastic.com/signup.php (“the Sign-up Page”). You must agree to the TOS before registering or using an account on the Website.

The TOS is a legally binding Agreement between you (a user of the Website) and SHN. Before registering an account through the Sign-up Page, carefully read over this TOS and be certain that you accept and agree to all the provisions set forth herein. Should ownership or operation of the Website be transfered to another entity other than SHN, you agree that all terms and provisions of this TOS are transferable to that entity and apply as an Agreement between you and whatever new entity may own or operate the Website in the future. The terms of the TOS govern your use of the Website in all of its past, present, and future forms, including (but not limited to) if the Website moves or has moved to another Universal Resource Locator address (URL).

1. ELIGIBILITY.

The Website must not to be used by anyone under 18 years of age or anyone defined in his or her local jurisdiction to be a minor. By completing the registration process at the Sign-up Page, you are indicating that you are an adult, that the birth date you supply on the Sign-up Page is true and accurate, and that you are at least 18 years of age. If SHN finds or perceives at any time that you have provided any untrue or inaccurate information on the Sign-up Page, you understand and agree that your account will be subject to immediate termination as set forth in the Section 11 of this Agreement. You agree to take all reasonable steps to ensure that your account is not used to allow access to the Website by anyone under 18 years of age, and you agree to assume any liability arising from such access if you permit it to occur. You are responsible for all use of your account, whether it is authorized by you or not, and you are therefore responsible to maintain the security and confidentiality of your account log-in name and password. By completing registration at the Sign-up Page, you agree that you are a resident of the United States. Eligibility for registration with and use of the Website is void where prohibited.

2. USE OF MATERIALS.

All materials on this site, including but not limited to text, images, designs, audio, graphics, logos, software, and the like (collectively called the “Materials”), are owned or licensed by SHN or its content suppliers and are protected by U.S. and International laws. Without the prior written consent of SHN, you may not copy, transmit, post, create derivative works from, or republish in any way whatsoever any Materials from the Website. However, please don’t hesitate to contact us and make requests to use our materials. We reserve our copyrights primarily to prevent commercial appropriation and malicious use, not to discourage creative non-commercial re-use or sharing, so we are often willing to license use of materials under a “Creative Commons” or similar license.

3. SAFETY.

Using the Website safely is your responsibility, and you should take that responsibility seriously. You agree that meeting or contacting any person through the Website is done at your own risk, and you therefore agree to take reasonable precautions to conduct such meetings responsibly. It is best to conduct any first-time “off-line” meetings in a public place and to inform a friend or family member of where you are going and when you expect to return.

4. TERM OF AGREEMENT.

The TOS shall remain in full force and effect indefinitely until either party terminates the Agreement. You agree that your termination of the Agreement will result in the termination of your account and that the termination of your account will be subject to the provisions of the Section 11 of this Agreement. If you terminate the Agreement, such termination will apply only in the future and not retroactively. More specifically, you agree that, in the event that you terminate the Agreement, all terms and provisions regarding any of your past activities or behavior with respect to SHN and the Website will remain in force, including but not limited to all your assumptions of liability, your indemnification of SHN, and your licensing of rights associated with content previously submitted to SHN. If you wish to terminate the Agreement, you may provide notification of such termination through the “help/support” form on the Website or you may mail written notification of termination of the Agreement to: Shy Hipster Networks, 11 Park Place, Suite 1602, New York, NY, 1007. SHN may terminate the Agreement at any time for any reason and will provide you with notification of such termination via the e-mail address you have on file with the Website. You agree that it is your responsibility to ensure that the e-mail address you have on file with your account at the Website is accurate and up-to-date so that such notifications can occur.

5. MODIFICATION OF AGREEMENT.

Modifications to the TOS may be made by SHN at any time and shall be a binding modification of this Agreement. Such changes will be effective upon posting on the Website. SHN will attempt publicize such modifications, either through notices on the Website or e-mails to users of the Website, but SHN assumes no responsibility to do so. Please check the TOS periodically for changes. Your continued use of the Website now or following the posting of changes to the TOS will signify that you accept these terms and/or changes.

6. CREDITS AND SUBSCRIPTIONS.

You may purchase credits or subscriptions through the Website to enable you to use enhanced services, on an incident-by-incident basis or for a particular period of time respectively. The particular services that may be accessed with credits or subscriptions at any given time are determined solely by SHN and can be modified at any time without notice. Whether the modification increases or decreases the number of services or changes their nature, your are not entitled to a refund or credit of any kind in the event of any such modification. Neither credits nor subscriptions have any inherent value and cannot be redeemed for cash or any other remuneration. Credits and subscriptions are non-transferable. You understand that in the event the Website must cease business operations, whether for lack of operating funds, acquisition by another entity, or for any other reason, you will be given no fewer than 30 days to use the balance of any credits or to use your existing subscription. You agree, however, that in the event that the Website must cease operation for any reason, SHN cannot reimburse you for any existing credits or any outstanding balance of subscription time on your account, and you agree that your credits and subscriptions may at that point be subject to forfeiture without any compensation to you. You agree and understand that for the purposes of subscriptions purchased or granted on the Website, a month shall be defined as a thirty-day period. All sales of credits or subscriptions by SHN are final and will not be refunded unless the charge was not authorized by you. If you dispute a charge or would like to request a refund of any item purchased from SHN, you agree to do so exclusively through the support form on the Website and to allow SHN at least 15 days to redress your claim before requesting any charge-backs from your credit card issuer. The price of subscriptions and credits is subject to change at any time.

7. ONLINE CONDUCT.

Any communication that you post to the Website is nonconfidential and you agree to use the Website only for lawful purposes. You shall not post or publish on the Website any content that is defamatory, obscene, threatening, illegal, infringes on copyrights or trademarks, or is otherwise objectionable, including but not limited to any material encouraging conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable law. You understand that this is a social networking site, not a site for arranging sexual encounters; you therefore agree not to post any solicitations for sex. You also agree not to post any information that would allow other users to circumvent the messaging system of the Website to contact you directly. If we are notified of any alleged content violation, we may investigate this and decide in our sole discretion whether to remove the content from our website or to take further action such as but not limited to the immediate termination of your account as set forth in Section 11 of this Agreement. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, valid search warrant, or court order, (ii) if such disclosure is necessary or appropriate to operate SHN, or (iii) to protect the rights, safety, or property of SHN, its users, or associates. SHN reserves the right to prohibit conduct, communication, or content that we deem in our sole discretion to violate any law or be harmful to the rights or safety of SHN, users of the Website, or any third party. Provided, however, neither SHN nor our provider(s) can ensure the prompt removal of questionable content upon posting. Accordingly, neither SHN nor any of its officers, employees, or representatives shall assume any liability for any action or inaction taken with respect to removing such material from the Website. The Website shall be used only for personal uses consistent with the operations of the Website and exclusively in a manner consistent with its intended function as described in the “support” section of the Website. You shall not distribute or otherwise publish on the Website any commercial material soliciting or promoting any goods or services. You specifically acknowledge that soliciting any users of the Website to become members of any commercial online service or other organization is expressly prohibited by the terms of this Agreement.

8. DISCLAIMERS.

THE WEBSITE IS PROVIDED BY SHN ON AN “AS-IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS INFORMATION, CONTENT, MATERIALS, EVENTS, OR PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE ACCURACY OF ANY INFORMATION ON THE WEBSITE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT ANY FUNCTIONS OF OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS OR INTERRUPTIONS TO SERVICE WILL BE CORRECTED, OR THAT THIS WEBSITE OR OUR SERVICES ARE FREE OF VIRUSES OR INTRUSIONS BY COMPUTER CRACKERS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE AS TO THEIR ACCURACY OR RELIABILITY. YOU (AND NOT SHY HIPSTER NETWORKS LLC) ASSUME THE COST OF ALL NECESSARY CORRECTIONS OR REPAIR.

NOTWITHSTANDING ANYTHING CONTRADICTORY IN THIS AGREEMENT, YOU AGREE TO WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY, AND TO INDEMNIFY AND HOLD HARMLESS SHY HIPSTER NETWORKS LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS OR EMPLOYEES FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF SHN SERVICES OR PRODUCTS OR YOUR PARTICIPATION IN ANY EVENTS PROMOTED OR SPONSORED BY SHN. YOU UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION OF SHN IS BINDING UPON YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS, AND ASSIGNS.

9. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL SHN BE LIABLE FOR ANY CLAIMS OF NEGLIGENCE OR BREACH, INCLUDING BEING LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE USE OR INABILITY TO USE THE MATERIALS OR SERVICES ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THESE POSSIBILITIES. SHN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR ITS SERVICES OR PRODUCTS OR ATTENDANCE AT ANY EVENTS SPONSORED OR PROMOTED BY SHN, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF SHN TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO SHN, IF ANY, FOR ACCESSING THE WEBSITE OR ITS SERVICES.

10. DISPUTES.

You agree that if there is any legal dispute involving the TOS, SHN, or the Website, that dispute will be governed by the laws of the State of New York, without regard to that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You agree that any such dispute will first be attempted to be settled by mediation. If that is not successful, then the dispute shall be settled by arbitration to be held in New York, NY in accordance with the rules of the American Arbitration Association, and this agreement to arbitrate shall be specifically enforceable. Any award shall be final and binding on all parties, and a final judgment may be entered in the appropriate court of law. Notwithstanding this, should any litigation ensue between the parties, then the prevailing party shall be entitled to reasonable expenses and attorney fees as set by the Court. This site is created and controlled by Shy Hipster Networks LLC in the State of New York, whose laws will govern these Terms of Use and any legal controversy. Therefore, in the event of litigation with respect to this TOS, SHN, or the Website, you agree to exclusive personal jurisdiction by and venue in the state and federal courts of the State of New York. You consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States for any litigation arising out of the operation and use of the Website, waive any objection to this state on improper jurisdiction and/or venue grounds, and agree not to argue that any such litigation brought there has been brought in an inconvenient forum. To the fullest extent permissible by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this or any other Agreement with SHN, whether through class arbitration proceedings or otherwise.

11. BREACH OF TOS AND TERMINATION OF ACCOUNTS.

SHN reserves the right to refuse you service, deny or limit your access to the Website, and/or delete your account at any time and without notification for any reason at our sole discretion. Cause for exercise of this right by SHN includes, but is not limited to, any breach or violation, real or perceived, of any provision of the TOS. In the event of any such termination or limitation of your account, any unused credits and/or subscriptions on your account will be revoked by SHN and forfeit by you without the possibility of refund. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

12. LICENSING.

By uploading or submitting any materials to us, you automatically grant and warrant that you are the content owner, that you hold the copyright to that content, and that you expressly grant us at no charge a royalty-free, irrevocable, nonexclusive right and license to use, publish, modify, create and license derivatives works from, and distribute the content worldwide, including the right to use it in any form, media, or technology. Subject to this grant, you retain any and all rights which may exist in that content. If you submit content for inclusion by our editors on the “magazine” portion of the Website, or at our discretion any other portion of the Website, SHN may elect to sign with you a separate license agreement with respect to such content. In the event of such an agreement, that agreement will supersede the provisions of this section in its entirety (Section 12 of the TOS) and only this section. Such an agreement will apply only to the particular content specified therein; all other content submitted or uploaded to the Website will remain subject to the provisions of this section of the TOS.

13. DISPUTES AMONG OR BETWEEN MEMBERS.

You alone are responsible for your interactions, communications, and meetings with other users of the Website. SHN reserves the right to monitor or mediate disputes between you and other users, but SHN assumes no responsibility or obligation to do so.

14. LINKING FROM AND TO THE WEBSITE.

To the extent that the Website has links from and to other websites, SHN cannot endorse nor control their content, accuracy, compliance with laws, or accessibility. If you decide to access these linked sites, you do so at your own risk. Any concerns regarding such outside Internet sites, or any link thereto, should be directed to the site in question and not SHN. Any link to our website, whether it is a hyperlink, use of spiders or robots, or whatever applicable technology, of a commercial, competitive, or offensive nature of strictly prohibited. Inclusion of the Website within an HTML frame of another Internet site is (i) highly annoying and (ii) strictly prohibited.

15. PRIVACY.

The privacy practices for the Website are set forth in our document Privacy Practices at Lovetastic.com and is subject to change or revision under terms identical to Section 5 above regarding this Agreement.

16. DMCA COMPLIANCE AND THIRD-PARTY SUBMISSIONS.

In compliance with the Digital Millennium Copyright Act, users and other persons can report any potential infringements and recommended corrections via the support form or by sending a written notification to Shy Hipster Networks LLC, 11 Park Place, Suite 1602, New York, NY 1007. We will address such concerns in accordance with the Act. Neither SHN, its officers, employees, owners, or representatives shall be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm that arises from user submissions.

17. SEVERABILITY AND HEADINGS.

If any provision of this Agreement is held to be invalid or unenforceable for any reason then that provision shall be deemed severable from the rest of this Agreement, and the remainder of this Agreement shall continue in full force without being impaired or invalidated in any way. The headings in this Agreement are for internal reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section or subject matter, except as explicitly set forth in the text of this Agreement when referring to sections by number.

18. OTHER.

This Agreement sets forth the entire agreement between you and SHN with respect to the subject matter hereof, governs your use of the Website and its services or products and your participation in any event promoted or sponsored by SHN. This Agreement supersedes in their entirety any and all agreements, written and oral, between you and SHN with respect to such subject matter, with the sole exception of any separate licensing agreements between you and SHN as set forth in Section 12 above. In the event that any postings or information on the Website or any other communication from SHN, its agents, or employees should contradict any provision of this TOS, the TOS shall supersede such information or communication.

YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE by your accessing, viewing, and/or using our Website and any of its services or products. You must indicate your acceptance of these terms to create an account with the Website. If you do not agree to these terms, please do not attempt to create an account on the Website or use the site further.