Terms of Service

Updated: Tuesday, September 18, 2007

THIS SERVICE IS FOR ADULTS ONLY (YOU MUST BE AT LEAST 18 YEARS OLD).

The LoveDiner.com service ("LoveDiner.com" or the "Service") is a way for adults to meet each other online. LoveDiner.com is owned and operated by Paradise Coast Media, Inc., located at 601 N. Congress Ave., Suite 434, Delray Beach, FL 33445. This is a legal agreement between you and LoveDiner.com. By registering for LoveDiner.com, you become a member of the Service and you agree to be bound by these terms and conditions (the "Terms").

Modification
You agree that LoveDiner.com may amend or modify these Terms or impose new conditions at any time by updating these Terms. Any use of the Services after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. Should you object to any such modifications to these Terms or if you are dissatisfied with the Services at anytime or for any reason, your sole and exclusive remedy is to discontinue using the Service.

International Users
The Service is offered from the operations of LoveDiner.com in the United States of America. LoveDiner.com makes no representation that the Services are appropriate or available in other locations. If you access the Service from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. As a member, you agree that LoveDiner.com may collect, use and transfer your personal information as described in the Privacy Policy, including transfer outside the country where you live.

Membership
MINORS MAY NOT BECOME MEMBERS. When you register, and from time to time thereafter, LoveDiner.com will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a member, you represent, and warrant that you are at least 18 years old. Your membership in the LoveDiner.com service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Either you or LoveDiner.com may terminate your LoveDiner.com membership at any time, for any reason, effective upon sending written notice to the other party. LoveDiner.com reserves the right, without notice and in its sole discretion, to terminate or cancel your access rights to the Services immediately without notice. LoveDiner.com reserves the right at any time to modify or discontinue the Service and you agree that LoveDiner.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Online Conduct
You are solely responsible for the content, or information you publish or display on the Service, or transmit to other members. You will not post on the Service, or transmit to other members, or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile, any telephone numbers, street addresses, last names, URL's, e-mail addresses, offensive anatomical, sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. LoveDiner.com reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters, or junk e-mail to other members. You will not post, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You are solely responsible for your interactions with other members. LoveDiner.com reserves the right, but has no obligation, to monitor disputes between you and other members.

Indemnification
You will defend, indemnify, and hold harmless Paradise Coast Media, Inc. and its subsidiary LoveDiner.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including without limitation any breach by you of these Terms.

Online Content
Opinions, advice, statements, offers, or other information or content made available through the LoveDiner.com service are those of their respective authors, and not of LoveDiner.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. LoveDiner.com does not guarantee the accuracy, completeness, or usefulness of any information on the Service. It neither adopts nor endorses, nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will LoveDiner.com be responsible for any loss or damage resulting from anyone's reliance on information, or other content posted on the LoveDiner.com service, or transmitted to LoveDiner.com members.

Personal Information
Paradise Coast Media, Inc. and its subsidiary LoveDiner.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the LoveDiner.com service or release to others. LoveDiner.com reserves the right, but has no obligation to monitor the materials posted in the public areas of the Service. LoveDiner.com shall have the right to remove any such material that violates, or is alleged to violate, the law or this agreement; however, you remain solely responsible for the content of the materials you post in the public areas of the Service and your e-mail messages sent through the Service.

Proprietary Rights
Paradise Coast Media, Inc. and its subsidiary LoveDiner.com owns and retains other proprietary rights in the Service. The Service contains the copyrighted material, trademarks, and other proprietary information of LoveDiner.com, and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain, or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, a photograph or content to any public area of LoveDiner.com, you automatically grant, represent, and warrant that you have the right to grant, to LoveDiner.com and other members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

Complaints
To resolve a complaint regarding the LoveDiner.com service, you should first contact LoveDiner.com Customer Support by emailing support@lovediner.com or following instructions provided via Health & Safety available at LoveDiner.com.

Disclaimer of Warranties
Use of the Services is at your sole risk. All content and services provided by LoveDiner.com on the Services is provided "as is" and on an "as available basis." Neither LoveDiner.com nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, advertisers, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Services will be uninterrupted or error-free. Neither LoveDiner.com nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Services. LoveDiner.com DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY
In no event will LoveDiner.com be liable for any direct, incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Service, even if LoveDiner.com or its agents or representatives know or have been advised of the possibility of such damages. LoveDiner.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to LoveDiner.com. for the Service during the term of membership. In addition, LoveDiner.com disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users) of the Service. Certain jurisdictions limit the applicability of warranty, disclaimers, and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

Jurisdiction
These Terms are governed by the laws of the State of Florida, without regard to rules generally applicable to resolving conflicts of laws. You agree to both the exclusive jurisdiction and the exclusive venue of the federal and state courts of Florida within the county of Palm Beach, with respect to any claim or cause of action, whether in law or in equity, arising under or relating to these Terms or use of the Service.

MANDATORY ARBITRATION TO RESOLVE DISPUTES
PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, YOU AND WE WILL ARBITRATE OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). Arbitration will be conducted under the AAA Rules and Supplemental Procedures for consumer-related disputes. You acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement. Before instituting arbitration, you agree to provide us with an opportunity to resolve your claim by sending a written description of your claim and negotiating with us in good faith regarding your claim. If we are not able to resolve your claim within 30 days of receipt of your notice, then you may initiate arbitration proceedings with the AAA, instead of suing in court.

CLASS ACTION WAIVER.
YOU MAY ONLY BRING CLAIMS IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF AN ARBITRATOR DETERMINES THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.