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SINGLES DAY TERMS OF SERVICE

  1. YOUR ACCEPTANCE

    1. The Singles Day website (www.singlesday.com) (“Site”) is owned by Teravama Enterprises, LLC (“Teravama”).

    2. By using or visiting the Site or any Singles Day products, software, data feeds, and/or services provided to you on, from, or through the Site (collectively the “Service” or “Services”) you signify your agreement to these terms and conditions (the “Terms of Service”) and the Singles Day Privacy Policy, found at www.singlesday.com/privacy and incorporated herein by reference. If you do not agree to any of these terms or the Singles Day Privacy Policy, please do not use the Service.

    3. Your agreement to these Terms of Service is between Teravama and you.

    4. Although Teravama may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version found at www.singlesday.com/tcs. Teravama may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

    5. Date of last revision: August 5, 2016.

  2. ELIGIBILITY

    1. Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using the Service, you represent and warrant that you are at least 18 years old.

    2. Marital Status. By requesting to use, registering to use, or using the Service, you represent and warrant that you are not married.

    3. Criminal History. By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. TERAVAMA DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS SERVICE USERS. However, Teravama reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS OF SERVICE, YOU HEREBY AUTHORIZE ANY SUCH CHECK.

  3. USE OF SITE AND SERVICE

    1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Teravama is not responsible for third party access to your account that results from theft or misappropriation of your user name(s) and password(s).

    2. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “Post”) through the Service; and (iii) your interactions with other users through the Service.

    3. Risk Assumption and Precautions. You assume all risk when using the Service, including but not limited to all of the risks associated with any online or offline interactions with others.

    4. Reporting of Violations. You will promptly report to Teravama any violation of this Agreement by others.

    5. Content Removal. Teravama reserves the right, but has no obligation, to monitor the information or material you submit to the Service or Post in the public areas of the Service. Teravama will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.

    6. Posting and Communication Restrictions. You will not post on the Service, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Service, that:

      1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

      2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Service;

      3. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;

      4. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;

      5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

      6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;

      7. intended to defraud, swindle or deceive other users of the Service;

      8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

      9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;

      10. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;

      11. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;

      12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

      13. solicits gambling or engages in any gambling or similar activity;

      14. uses scripts, bots or other automated technology to access the Site or Services;

      15. uses the Site or Services for chain letter, junk mail or spam e-mails;

      16. collects or solicits personal information about anyone under 18; or

      17. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

    7. No False Information. You will not provide inaccurate, misleading or false information to Teravama or to any other user. If information provided to Teravama or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Teravama of such change.

    8. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Service. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to Teravama, and that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Teravama $50 for each such unsolicited communication you send through the Service.

  4. PROTECTING THE RIGHTS OF OTHERS

    1. Infringement. You will not post content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates the law.

    2. Removal. Teravama will remove any content or information you post on the Site if it believes that it violates the Terms of Service or its policies.

    3. Singles Day Intellectual Property. You will not use Teravama’s copyrights or trademarks or any confusingly similar marks, except with Teravama’s prior written permission.

    4. Confidential Information. You will not post anyone’s identification documents or sensitive financial information on the Site.

    5. License. By posting information or content to the Site, you automatically grant to Teravama a license to use such information and content.

  5. USER INFORMATION

    1. Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on Teravama’s Privacy Statement located on the Site. By using the Site or the Services, you are consenting to the terms of Teravama’s Privacy Statement.

    2. Disclosure By Law. You acknowledge and agree that Teravama may disclose information you provide if required to do so by law, at the request of a third party, or if Teravama, in its sole discretion, believes that disclosure is reasonable to: (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Teravama’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

  6. DISCLAIMER OF WARRANTY

    1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TERAVAMA PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TERAVAMA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. TERAVAMA DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

    2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Teravama, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TERAVAMA DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN TERAVAMA. UNDER NO CIRCUMSTANCES WILL TERAVAMA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

  7. LIMITATION OF LIABLITY

    1. Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TERAVAMA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TERAVAMA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TERAVAMA’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE SITE, EXCEED THE AMOUNT PAID BY YOU TO TERAVAMA, OR, IF YOU HAVE NOT PAID TERAVAMA FOR THE USE OF ANY SERVICE, THE AMOUNT OF $25.00 USD OR ITS EQUIVALENT.

    2. No Liability for non-Teravama Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TERAVAMA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

  8. DISPUTES

    1. Jurisdiction. You will resolve any claim, cause of action or dispute (claim) you have with Teravama arising out of or relating to these Terms of Service or Teravama exclusively in the U.S. District Court for the District of Massachusetts or a state court located in Massachusetts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Massachusetts will govern these Terms of Service, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

    2. Indemnification. You agree to indemnify, defend and hold harmless Teravama, its affiliates, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Teravama reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Teravama in asserting any available defenses.

  9. DIGITAL MILLENNIUM COPYRIGHT ACT

    1. Notice. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing:

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address;

      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    2. Address. You may direct copyright infringement notifications to Teravama’s DMCA Agent at This email address is being protected from spambots. You need JavaScript enabled to view it..

  10. ASSIGNMENT

    1. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Teravama without restriction.

  11. TERM

    1. This Agreement will become effective upon your acceptance of the Terms of Service by your use of the Site or the Service and will remain in effect in perpetuity unless terminated hereunder. Either you or Teravama may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Teravama reserves the right to immediately suspend or terminate your access to any Service, without notice, for any reason or no reason. Teravama also reserves the right to remove your account information or data from its Service and any other records at any time at its sole discretion.

ยฉYear Singles Dayยฎ Terms of Use and Privacy Policy