Terms of Service

Thank you for using TastyBike!

These Terms of Service ("Terms") are a binding legal agreement between you and TastyBike LLC that govern the right to use the websites, applications, and other offerings from TastyBike. When used in these Terms, "TastyBike," "we," "us," or "our" refers to the TastyBike LLC with whom you are contracting.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Key Words

"Creator" means a User who has set up their TastyBike account as a Creator account to post Content on TastyBike to be viewed by other Users.
"Fan" means a User who follows a Creator and is able to view the Creator's Content.
"Fan Payment" means any and all payments made by a Fan to a Creator (i) in connection with a Fan/Creator Transaction, or (ii) by way of a tip for a Creator.
"Subscription" means a Fan'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 than one month).

What We Do

TastyBike enables content Creators to publish content including A.I. generative photos, A.I. art, images, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever. Fans on TastyBike are able to follow Creators and view their Content.

How We May Change The Terms

We may change any part of the Terms without telling you beforehand in the following circumstances:

To reflect changes in laws and regulatory requirements which apply to TastyBike and the services, features and programs of TastyBike where such changes require TastyBike to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
To address an unforeseen and imminent danger related to defending TastyBike, Fans or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.

Registration

To use TastyBike you must first register and create a User account on TastyBike. You must provide a valid email address, a username, and a password. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the TastyBike site for the composition of passwords. To register as a User:

you must be at least 18 years old, and you will be required to confirm this;
if the laws of the country or State/Province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/Province where you live; and
you must be permitted by the laws of the country or State/province where you are located to join TastyBike and to view any Content available on it and to use any functionality provided by it.
you must provide such other information or verification records as we require.

If you do not meet the above requirements, you must not access or use TastyBike.

Your Promise To Us

When you register with and use TastyBike, you make the following promises to us:

You will make sure that all information which you submit to us is truthful, accurate, and complete, and update us when it changes.
You consent to receiving communications from us electronically, including by emails and messages posted to your TastyBike account, and to the processing of your personal data.
You will contact [email protected] promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security.
You are responsible for all activity on your account even if, contrary to the Terms, someone else uses your account.
You will comply in full with these Terms of Use for all Users, and all other parts of the Terms which apply to your use of TastyBike.

Acceptable Use

Do not use TastyBike except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of TastyBike to or with anyone else.
Only use TastyBike in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on TastyBike that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
Do not use TastyBike in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
Do not upload, post, display, or publish Content on TastyBike that:
1. shows, includes, depicts, or refers to:
  1. any individual under 18 years old (or which refers to individuals under 18 years old generally); or
  2. any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
  3. shows, promotes, advertises, or refers to:
  4. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
  5. drugs or drug paraphernalia;
  6. self-harm or suicide;
  7. incest;
  8. bestiality;
  9. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
  10. necrophilia;
  11. urine, scatological, or excrement-related material;
  12. "revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on TastyBike);
  13. escort services, sex trafficking, or prostitution;
  14. contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
  15. contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
  16. contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for TastyBike including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
  17. gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
  18. causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
  19. is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
  20. involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
Do not use TastyBike to stalk, bully, abuse, harass, threaten or intimidate anyone else.
Do not use TastyBike to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms.
Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.

You agree that you will be liable to us and indemnify us if any of the warranties in this Section are untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.

Payouts To Creators

All Fan Payments will be received by a third-party payment provider approved by us.
Our Fee will be deducted from the Fan Payment received and your Creator Earnings will be held by us or one of our subsidiary companies on your behalf.
Your TastyBike account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your TastyBike account once such Creator Earnings appear in your TastyBike account.
To make a withdrawal of Creator Earnings from your TastyBike account, you must have at least the minimum payout amount in your TastyBike account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
The amount that you see in your ‘current balance’ in your TastyBike account is your Creator Earnings at the relevant time. All Fan Payments and Creator Earnings are transacted in USD only. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e- wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.

Circumstances in which we may withhold Creator Earnings:

We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
1. i. if we think that you have or may have seriously or repeatedly breached any part of the Terms;
2. if you attempt or threaten to breach any part of the Terms in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
3. if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings, for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms; (ii) you have attempted or threatened to breach any part of the Terms in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.
We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
You agree that if we consider that your breach or breaches of the Terms has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Fan Payments which resulted in forfeited Creator Earnings are returned to the relevant Fans who paid such Fan Payments.

Your Rights

You own all Assets You create with the Services to the fullest extent possible under applicable law. However, Your ownership is subject to any obligations imposed by these Terms, the Rights granted to TastyBike, and the rights of any third-parties.

Rights You Grant To TastyBike

Intellectual property rights – ownership and licenses:

You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub- section 10(b) below in any territory in which TastyBike is accessible and, in particular, in the United States of America, the United Kingdom, and the European Union.
You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of TastyBike. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using TastyBike, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of TastyBike, as well as to use your Content for other normal operations of TastyBike. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms in the event of a sale of our company or its assets to a third party.
While we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. To make a claim about copyright infringement on a 3 rd Party Website please email us at [email protected].
You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on TastyBike. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.

Responsibility of Loss Or Damage Suffered By You

Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
If you are a consumer User: If you are a consumer User, you agree that:
1. We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of TastyBike.
2. If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
If you are a business User: If you are a business User, you agree that:
1. We and our subsidiary companies, employees, owners, representatives, and agents:
  1. exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to TastyBike or any content on it. This means that if the Terms do not expressly include a promise or commitment by us, then one cannot be implied by law;
  2. are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms, both we and you knew it might happen;
  3. won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
    1. your inability to use TastyBike or any of its services, features or programs; or
    2. your use of or reliance on any content (including Content) stored on TastyBike;
  4. won't be liable to you for any:
    1. loss of profits;
    2. loss of sales, business, or revenue;
    3. business interruption;
    4. loss of anticipated savings;
    5. loss of business opportunity, goodwill or reputation;
    6. loss of data or information, including any Content; or
    7. indirect or consequential loss or damage;
2. won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of TastyBike or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
  1. won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
  2. won't be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as "doxing");
  3. won't be liable to you for any failure or delay by us in complying with any part of the Terms arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
3. Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
  1. 100% of the total fees paid by you to us in connection with your use of TastyBike; and
  2. USD 5,000.

Adult Material

You acknowledge that you are aware that some of the Content on TastyBike contains adult material, and you agree to 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 which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.

DMCA & Takedown Policy

Notification Procedures

We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to [email protected] with the subject “Takedown Request,” and include the following:

Your physical or electronic signature.
Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise and detailed manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country.

Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.

Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
Our designated agent to receive counter notices is the same as the agent shown above.
The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s; fees) under Section 512(f) of the DMCA.

Dispute Resolution and Governing Law

In the event a dispute, controversy, or claim arises out of or relating to these Terms (“Dispute”), the Dispute will be resolved by binding arbitration rather than in court. The parties will first try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of these Terms ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in the City of Austin, County of Travis, State of Texas, USA. Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

Community Guidelines

Violence or harassment of any kind will not be tolerated. Respect others’ creations. Do not distribute or publicly repost the creations of others without their permission. You may not use the Services to attempt to or to actually deceive or defraud anyone. You may not use the Services for illegal activity nor may you upload images to our servers that involve illegal activity, or where the uploading itself may be illegal. You may not intentionally mislead recipients of the Assets about their nature or source. Respect others’ rights. Do not upload others’ private information. Be careful about sharing. It’s OK to share Your creations outside of the TastyBike Community but be mindful of how it may be received. Any violations of these rules may lead to bans from our services. Act respectfully or lose Your rights to use the Service.

Termination Of Services

You are free to cancel Your plan at any time. We also reserve the right to terminate Your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. Any violation of Community Guidelines is a breach of these Terms. You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended. Additional information and policies regarding our subscription plans, including details on billing, taxes, refunds, and authorization, can be found here.

Subscriptions

Creators are solely responsible for determining (within the parameters for pricing on TastyBike) the pricing applicable to Fan/Creator Transactions and the Content to which you may be given access. All prices appear in USD only.
To be able to enter into a Fan/Creator Transaction with a particular Creator, you must first add a payment card to your account and then Subscribe.
If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
The payment provider will take (i) periodic payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for Fan Payments other than Subscriptions (including any tips paid by you to a Creator). You authorize and consent to each of these payments being debited using your supplied payment card details.
If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator's Content.
You agree that you will not make unjustified requests for a refund in respect of any Fan/Creator Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Fan/Creator Transaction or tip to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.

Limitation Of Liability And Indemnity

We provide the service as is, and we make no promises or guarantees about it.
You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise.
You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.
If You knowingly infringe someone else’s intellectual property, and that costs us money, we’re going to collect that money from You. We might also do other stuff, like having a court make You pay our legal fees.

Miscellaneous

Force Majeure: Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
No Joint Venture: Nothing in these Terms creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the Parties or an employee/employer relationship.
Severability: If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, the invalidity illegality or unenforceability does not affect any other term or provision in any other jurisdiction. On a determination that any term or provision is invalid, illegal or unenforceable, the court may modify these Terms to affect the Parties’ original intent as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
No Third-Party Beneficiaries: These Terms do not confer any benefits on any third party unless it expressly states that it does.
Survival. The sections and obligations in these Terms that a reasonable person would expect to survive this agreement, will. Particularly the IP and privacy information.
Governing Law: These Terms shall be governed by the laws of the State of Texas, USA, without reference to conflict of law rules. All disputes will be governed by the arbitration agreement above.
Headings: The headings in these Terms are for reference only and do not affect the interpretation of these Terms.
Waiver: The failure of TastyBike to insist, in any one or more cases, upon the strict performance of any of the covenants of the Terms shall not be construed as a waiver or a relinquishment of the future performance of such covenant and the acceptance by TastyBike of any payment with knowledge of any breach of these Terms, shall not be deemed to be a waiver of such breach unless expressed in writing by TastyBike.

Last updated:February 2024