Terms and Conditions for Use of Services

Welcome to Overturenyc.com.   We provide technology services to lower the barriers to in-person communication.   

Overturenyc.com (including and hereinafter sometimes referred to as the “Website,” the “Site”, the “app”, the “application”, or “Overture;” as well as “we,” “us,” “our”, etc. and including all parties, including business organizations, that own and/or operate Overturenyc.com) values each of our users.  We have established the following terms and conditions to create a legal agreement (this “Agreement”) allowing you to use our services and/or product(s).   If you (hereinafter variously referred to as “you,” yours,” etc.) use our Website, including the Website’s mobile and online versions, or any other Applications (including iOS and Android applications),  products or services established and/or operated by Overture (hereinafter all such products and services are collectively referred to as our “Services”), then we urge you to read this Agreement, because it regulates your use of our Services.     

By using any of our Services, you agree to, and are bound by, these Terms and Conditions for Use of Services (including our PRIVACY POLICY) for as long as you continue to use the Services.   IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, and/or if you are dissatisfied with any of the Terms and Conditions specified herein, DO NOT USE OUR SERVICES.   

Please refer to this Agreement to find out how to CONTACT US if you have questions about the contents herein.  However, regardless of any such inquiries, the terms and conditions set forth in this Agreement are binding and your use of our Services is subject to this Agreement. 

Your use of, or participation in, certain special or future services may be subject to additional terms, which will be either listed in this Agreement or presented to you for your acceptance when you sign up or otherwise begin to use such Services and which at that time will be incorporated into and form part of this Agreement.

This Agreement is subject to change by Overture in its sole discretion at any time.  We will notify you of any such changes by posting an updated version of the Agreement on this page.  Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.  Please consult the end of this Agreement to determine when the Agreement was last revised.

You are granted a non-exclusive, non-transferable, revocable license to access and use Overture strictly in accordance with these Terms and Conditions for Use of Services. By using our Services, you consent to receive electronic responses and communications from us, and you agree that all notices, disclosures and other communications that we transmit to you electronically satisfy any legal requirement that such communications be in writing.

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey, subject to the arbitration provisions below, in all disputes arising out of or relating to the use of our Services, including but not limited to our Website and App.  Use of such Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including (without limitation) this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Overture as a result of this Agreement or your use of our Services.  This Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Overture’s rights (and dedication) to comply with governmental, court and law enforcement requests or requirements relating to any use, including yours, of the Site and our Services, or any  content or information provided to or gathered by Overture in the course therof.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between Overture and you, the user, with respect to our Website and Services.  This Agreement supersedes all prior or contemporaneous or other communications and proposals, whether electronic, oral or written, except any updated versions that Overture may post as a condition of further use of our Services, as referenced above.    A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.   

If you do not understand English fully enough to appreciate the content of this Agreement, you should obtain a translation before you access our Services.  It is the express understanding between the parties to this Agreement that it and all related documents be written in English and binding.

  1. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

As a condition of your use of our Services, you warrant that you will not use our Services for any purpose that is unlawful or prohibited by these Terms and Conditions for Use of Services.  You may not use our Services in any manner which could damage, disable, overburden or impair any of our products or Services or interfere with any other party’s use and enjoyment of our products or Services.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to users. 

All content included as part of our Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is our property and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all such laws and proprietary notices, legends or other restrictions contained in, or applicable to, any such content.  

You will not create any false identity or attempt to mislead others as to the identity of the sender or the origin of any data or communications.

You will use our Services solely for your own individual and personal use, and you will make no other use of any aspect of our Services or the contents thereof without our express written permission.  You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in our products and Services.  Our content is not for reuse or resale, and it may not be used or made available other than for the specific purposes for which it is offered.   Your use of our Services does not entitle you to make any unauthorized use of any protected or proprietary content, and you will not reuse any protected or proprietary content, nor delete or alter any attribution notices in any of our content.   You agree that you do not acquire any ownership rights in any content accessible as a result of our Services.   We do not grant you any licenses, express or implied, to access or use our intellectual property except as expressly authorized by this Agreement and for the purposes for which our Services were designed and are offered.

You agree that you will not use our Services in any way prohibited by applicable laws, restrictions, or regulations.  You must accept responsibility at all times for compliance with all local laws and venue restrictions in order to access and use our Services.  

You consent to receive text messages that will be sent to your phone in the course of your use of Our Services, even though these text messages are not a requirement of your use.   They are facilitated as part of Our Services primarily to help users locate one other at venues after connecting through the App, which indicates an intention to start an in-person conversation.  You do not need to use them or reply to them in order to use the app, but you must consent to receive them as part of these Terms and Conditions of Use. 

In addition, because we need to engage other service providers in order to provide our Services, You agree you will not use our Services to engage in or encourage any activity that harms or violates any other person or entity’s rights, business operations or reputation, including:

  • Violating laws, regulations, governmental orders, industry standards, or telecommunications providers’ requirements or guidance in any applicable jurisdiction;
  • Interfering with or otherwise negatively impacting any aspects of our Services or any third-party products or networks attendant to our Services;
  • Reverse engineering, copying, disassembling or decompiling our Services or any third-party products or networks attendant to our Services;
  • Violating the Integrity of the Services, including any attempts to bypass, exploit, defeat or disable limitations or restrictions placed on the Services; any attempts to find security vulnerabilities to exploit the Services or to bypass any security mechanism or filtering capabilities; any denial of service attack or other conduct that attempts to disrupt, disable or overload the services; any attempts to transmit code, files scripts, agents or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the Services; or any other attempts to gain unauthorized access to the Services.

We welcome any comments you may have regarding our Website and our services.  However, do not provide us with any suggestions or ideas that you consider proprietary or confidential. Please note that any comments you submit to us through our Website or otherwise, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we will not treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not compensate you or anyone else for any information that you provide which is used by us.

  1. ELIGIBILITY
  • Minimum Age:  You must be at least 18 years old to register for our Services.  By registering for, and/or using our Services, you represent and warrant that you are at least 18 years old.
  • No Illegal use:  You agree to use our Services in a lawful manner.  If you access the Service, you are responsible for compliance with all local laws and applicable restrictions and regulations.
  • No Criminal History:  By registering for, and/or using our Services, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity.  OVERTURE DOES NOT CONDUCT – OR EVEN COLLECT ENOUGH INFORMATION THAT COULD ENABLE IT TO CONDUCT  –  ANY CRIMINAL BACKGROUND CHECKS ON ITS USERS. 
  • No Assumption of Risk:  Overture expressly rejects and has no liability for providing our Services to users. By accessing, registering, and/or using our Services, you assume all of the risks generally associated with in-person meetings.  You agree to take all reasonable measures to ensure your own personal safety and comfort, including proper use of the “REPORT” and “REMOVE” buttons on the App, which have been designed and intended to prevent receipt of communications through the App from any users that you may wish to avoid. 
  1. YOUR REGISTRATION AND PROFILE IS CONFIDENTIAL AND NON-TRANSERABLE

If you register to use our Services, you are responsible for maintaining the confidentiality of your personal information and restricting access to your profile and devices.  You may not assign or otherwise transfer your user profile or identity.  You acknowledge that Overture is not responsible for any third-party conduct or unauthorized use of our Services that you allow, encourage or cause.  Overture reserves the right to refuse, limit or cancel any aspect of our Services; terminate any registration; delete any profile; and/or access, remove or edit content in our sole discretion.  

  1. LINKED SITES AND CONNECTIONS TO OTHER ACCOUNTS

Overture may contain links to other websites (“Linked Sites”).  Overture provides access to Linked Sites only as a convenience to our users, and the inclusion of a link does not imply that we endorse the site or that we have any association with its operators. The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  

You will be able to connect your Overture profile to certain third-party accounts.  By connecting your Overture profile to any third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites).  If you do not want information about you to be shared in this manner, do not use this feature.

  1. RIGHT TO DELETION

Subject to certain exceptions, set out below, you can delete your personal information from our records by editing your profile.  In that case we will delete your personal information as directed.   Please note that we may not be able to comply with requests to delete your personal information if it is necessary to detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activity; comply with an existing legal obligation; or otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided it. Please also note that you will be unable to use our Services if you delete your personal information.

  1. THIRD-PARTY SERVICES

Aspects of our Services may be provided by third parties with whom Overture has contractual relationships.  By using our Services, you hereby acknowledge and consent that Overture may share such information and data with any third party with whom Overture has a contractual relationship for the purposes of providing our Services. 

  1. USE OF COMMUNICATION SERVICES

Overture expects users to make respectful use of our Services.  Overture is intended to provide an elevated social experience and requires all users to cooperate with that goal.  We specifically forbid the use of our Services to post or convey nude or sexually-charged images or text, anything false or fraudulent, or any indecency, harassment or vulgarity of any kind.

Our Services may contain communication services, such as chat areas, news groups, forums, bulletin board services, calendars, registration services, and/or other message or communication facilities designed to enable and facilitate your user experience (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper, dignified, respectful, not vulgar, and specifically appropriate for the function of the relevant Communication Service.   

By way of example, and not as a limitation, you agree that when using our Communication Services, you will not do any of the following:  defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate anything unlawful, off-topic, meaningless, intimidating, hateful, racist, nude, inappropriate, profane, defamatory, infringing, obscene, indecent, improper, undignified, disrespectful, vulgar or relating to an unlawful topic, name, material or information; upload files that contain content, software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the legal rights thereto or have received all necessary consents;  upload or otherwise lead any user(s) to access any files that contain viruses, corrupted files, or similar software or programs that may damage the operation of another’s electronic device;  pursue any commercial intentions, including advertising or offering to sell or buy any goods or services; conduct or forward surveys, contests, pyramid schemes or chain letters; download any material posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable to any particular Communication Service; make any attempt, or even threaten,  to harvest or otherwise collect information about others or their activities without their consent; or violate any applicable laws or regulations.

Overture has no obligation to monitor the Communication Services.  However, we reserve the right to review all content and material posted to a Communication Service and to remove any materials in our sole discretion.  Overture reserves the right to terminate your access to any or all of the Communication Services, and to our Services generally, at any time without notice for any reason whatsoever.

Overture will not as a matter of policy share your information except as necessary for the operation of our Services.  However, Overture reserves the right at all times to make any disclosures necessary to satisfy any applicable law, regulation, legal process or governmental request; and/or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information, including in any Communication Services.   Overture does not control or endorse the content, messages or information found in, or distributed through, any Communication Services and therefore Overture specifically disclaims any liability with regard to Communication Services and any actions resulting from user participation in any of our Communication Services.  

  1. NO LIABILITY FOR USERS’ INFORMATION, MATERIALS, POSTING AND REFERENCES; NO OBLIGATION TO POST OR MAINTAIN SUCH MATERIAL

Overture does not claim ownership of any information, materials, posts or references (the “Submissions”) that users posts, upload, input, submit or otherwise provide in connection with our Services.  However, by posting, uploading, inputting, submitting or otherwise providing such Submissions, you are automatically granting, and hereby do grant to us, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, derive display, perform, publish, modify, adapt, and translate) such materials in all forms and media (hereinafter, the “License”) to the extent such materials are not owned by us pursuant to the preceding paragraphs.  This means that our right to possess, use, and display the materials anywhere and through any means will never expire including if we were to sell and/or reorganize our business, that we will never owe you any money for it, and that we may allow others to use or possess the materials, for instance to host the Site for us.  No compensation will be paid with respect to the use of your Submission, and Overture is under no obligation to post, maintain, include or use any aspect of any Submission that you may provide.  In addition, Overture requires that all of your Submissions comply with the requirements regarding use of our Communication Services set forth above.   Furthermore, and in any case, Overture may remove any Submission, or any aspect of any Submission, at any time in our sole discretion.

  1. NO LIABILTY FOR VENUE OPERATORS, MANAGERS, EMPLOYEES, AGENTS OR THIRD-PARTY HOSTS. 

Venue operators, managers, employees, agents, and third-party hosts are not authorized Overture agents and their views do not necessarily reflect those of Overture, and we specifically disclaim any responsibility or liability related to their actions.   Overture does not control or endorse the content, messages or information that users distribute through any Communication Service and therefore Overture specifically disclaims any liability relating to such distribution. 

  1. DMCA; COPYRIGHT AGENT; REPEAT INFRINGERS. 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under U.S. copyright law. If you believe that materials we host on or through our Services infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing any such notice or counter-notice. Overture maintains a policy that provides for the termination in appropriate circumstances of Website/Services use privileges of users who are repeat infringers of intellectual property rights. Please be aware that there can be substantial penalties for false claims. Notices and counter-notices as referenced in this section should be sent to the email and/or physical addresses listed in Section 20 below.

  1. INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Overture, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our Services or inability to use our Services, or any violations by you of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Overture reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Overture in asserting any available defenses.

  1.   ARBITRATION

In the unlikely event you and Overture have a dispute arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a New York or New Jersey location to be mutually agreed upon by the parties.  The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.  In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  The entirety of any dispute relating to this Agreement, including the scope and enforceability of this Arbitration provision, shall be determined by the Arbitrator.  This arbitration provision shall survive the termination of these Terms and Conditions. 

  1. CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, CERTIFIED CLASS, COLLECTIVE PROCEEDING AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless you and Overture agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

  1. LIABILITY DISCLAIMER

Our Services and the information, software, contents and anything else made available to you by Overture may include inaccuracies or typographical errors, although we try to avoid them.  Changes are periodically made to the information herein, and Overture may cause improvements and/or changes to be made to any of its contents, products and Services at any time. 

Overture makes no representations about the suitability, reliability, availability, timeliness or accuracy of any aspects of the Services (including but not limited to images or Communication Services) that you may access from us. To the maximum extent permitted under law, all of our Services are provided “as is” without warranties, express or implied, or promises of any kind.  Overture hereby disclaims all warranties and conditions with regard to its Services, products and contents, including but not limited to all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted under law, in no event shall Overture or any of its associates or agents or venues be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of our products and Services, with any delay or inability to access our Services, with the provision of –  or failure to provide – those Services, or for any information, software, products, services, images, or content of any kind obtained through our Website, products and/or Services, whether based on statute, contract, tort, negligence, strict liability or otherwise, even if Overture or any of its associates or agents or venues have been advised of the possibility of damages.  Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 

 If you are dissatisfied with any portion of our Website or aspect of our Services, or with any of these Terms and Conditions for Use of Services, your sole and exclusive remedy is to stop using our Services.  

  1. TERMINATION/ACCESS RESTRICTION

Overture reserves the right, in its sole discretion, to terminate your access to our Website and Services at any time, without notice. You agree that, if you are suspended and/or terminated, you will make no further use of the Website and/or Services after termination or during suspension. 

  1. ACCESSIBILITY

Although we cannot guarantee that all the features and functions of our Services will be fully accessible by all people with disabilities, we desire to make the Services available to all our users, including those with disabilities. You can help if you have observation or suggestions. Please email us at FTM@overturenyc.com with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We cannot promise that we will make the changes you may suggest, but we will take your input seriously and will consider it as we evaluate ways improve our Services.  

  1. CHANGES TO TERMS 

Overture reserves the right, in its sole discretion, to change the Terms and Conditions for Use of Services under which our Services are offered.  The most current version of this document will supersede all previous versions.  We encourage you to periodically review the Terms and Conditions for Use of Services to stay informed of our updates, which will be dated. 

  1. PRIVACY POLICY

Overture respects your privacy.   We endeavor to accept and maintain the minimum amount of personal information from users that is necessary for our Services.  Please keep in mind that if you directly disclose personally identifiable information or sensitive data through our Communication Services, it could be collected and used by others, so we discourage any such disclosure, especially because it is not necessary in order to make full use of our Services.

We do not seek or intend to profit from sharing or selling personal information that users submit when they register and/or create a profile. We will collect, retain and analyze the minimum amount of information that we, in our sole discretion, deem necessary and proper in order to best provide our Services and satisfy our commercial and legal principles and obligations.    

Subject to our legal, regulatory and governmental principles and obligations, Overture will not share your information except as necessary for the operation of our Services.  However, Overture reserves the right to make any disclosures that we in our sole discretion deem necessary to comply with any applicable law, regulation, legal process or governmental request (whether or not such disclosure is required by applicable law): and/or to protect and defend our, or a third-party’s rights, property or safety.  Overture also reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Overture reserves the right to analyze the information we obtain from users’ registration and experiences to understand how we can improve our Services.    For example, Overture may keep track of the Website and certain other aspects of our Services to determine how they are used, and what aspects of them are more popular than others.    In this regard, Overture may automatically collect information about your device’s hardware and software.  This information can include, but may not be limited to, your IP address, browser type, domain names, access times, and referring website addresses.  This information is used for the operation of our Services, and to provide general statistics regarding the use of our Services. 

Overture may share data with partners, third-party vendors, contracting parties and/or other associates to help perform our Services, e.g., for external data storage, statistical analyses, or to send notices regarding our Services.   All such third parties are prohibited from using your personal information except to provide services to us, and they are required to maintain the confidentiality of your information.

Overture uses a Secure Sockets Layer (SSL) to secure your personal information from unauthorized access, use or disclosure.  We strive to take appropriate security measures to protect against unauthorized access to, use or alteration of your personal information.  Unfortunately, no data transmission over the Internet or cellular networks can be guaranteed to be 100% secure.  As a result, while we strive to protect your personal information, you acknowledge that (a) there are security and privacy limitations inherent in all data transmissions that are beyond our control; and (b) the security, integrity, and privacy of any and all information and data exchanged between you and Overture cannot be guaranteed.

Overture does not knowingly collect personally identifiable information from persons under the age of 18.   If you are under the age of 18, do not use our Services. If you notify us that personally identifiable information has been provided by a child under the age of 18, upon verification, we will promptly delete such personally identifiable information. 

  1. CONTACT US

Overture welcomes questions or comments regarding the Terms and Conditions of this Agreement.    

Beyond this, if you believe that the Company has not adhered to this Agreement, please contact us.

As noted above, if you do use our Services, this Agreement is binding.  So if you are unsure about whether you agree to the Terms and Conditions of this Agreement yet still have an interest in our Services, you should send us any questions or comments and wait for a response from us before you decide to use our Services.  We will endeavor to respond promptly.  

Email us at FTM@overturenyc.com

You can also send mail to our postal address: 

Overture Inquiries

Post Office Box 841

Alpine, NJ 07620

Effective as of August 11, 2025