SurviveLDR Terms and Conditions
Effective date: 12 April 2019
Welcome to SurviveLDR. Please read these Terms carefully before using this website.
By browsing SurviveLDR, you agree to be legally bound by these Terms. If you do not agree with one or more provisions of these Terms, you should not use the website.
Please contact us if you have any concerns regarding the Terms.
1. General information
2. YOUR Content
3. Acceptable use policy
5. Marketing and informational notices
7. Intellectual property
9. Disclaimer of warranties
10. Limitation of liability
13. Governing law and disputes
1. General information
1.1 These SurviveLDR Terms and Conditions (the “Terms”) constitute a legally binding agreement between the website SurviveLDR.com (the “Company”, “we”, “us”, and “our”) and an individual user (the “user”, “you”, and “your”) using the websites https://surviveldr.com and https://ldrgiftstore.myshopify.com (collectively, “SurviveLDR”).
1.2 About SurviveLDR. SurviveLDR is an online magazine providing information, advice, tips and ways on how to manage long distance relationships.
1.3 License to use SurviveLDR. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use SurviveLDR pursuant to these Terms.
1.4 Minors. SurviveLDR is not marketed and should not be used by persons under the age of 18.
1.5 Disclaimer. Although we regularly monitor the information available on SurviveLDR, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on SurviveLDR, neither provided by us nor by the users of SurviveLDR.
1.6 Third-party links. SurviveLDR may contain links to websites and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links and the security and privacy practices used by the operators of the third-party websites.
1.7 Fees and payments. SurviveLDR is provided free of charge.
1.7 Support. Any requests for customer or technical support should be addressed to us by email at [email protected].
2. YOUR Content
2.1 When you use SurviveLDR, you may submit your comments (text messages and links) under our articles (collectively, “Your Content”). Please note that Your Content may become publicly available. Therefore, we request you to (i) exercise your due diligence when submitting Your Content to SurviveLDR and (ii) not to make any sensitive information publicly available to other users of SurviveLDR.
2.2 By uploading Your Content to SurviveLDR, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of providing you with our services and carrying out our legitimate business interests.
2.3 You agree not to submit Your Content that violates these Terms or any applicable laws, including intellectual property rights of others.
2.4 You understand and agree that, in order to ensure the security of SurviveLDR, we may, but have no obligation to, monitor or review Your Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of SurviveLDR. However, you remain solely responsible for Your Content.
2.5 You are not allowed to make publicly available personal data of persons who have not provided you with their prior authorization or consent to share that personal data through Your Content. For example, you should not publish a name or contact details of a person who has not allowed you to do so.
2.6 Your Content includes your personal views and recommendations. None of Your Content reflects our views, recommendations, endorsement, or any commitments related thereto.
3. Acceptable use policy
3.1 When using SurviveLDR, you are required to follow our acceptable use policy outlined in this Section 3. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
3.2 You are not permitted to use SurviveLDR in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Dissemination of information about the acts, including pranks and challenges, that may result in injuries and physical harm;
- Posting of Your Content that depicts or incites others to commit acts of violence;
- Provision of Your Content that depicts children or may cause emotional distress to children;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening SurviveLDR;
- Interfering with or abusing other users of SurviveLDR;
- Using bots and other automated methods; and
- Collecting and disclosing any information about the users of SurviveLDR.
3.3 Reporting inappropriate content. If you think that some of the content available on SurviveLDR is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately at [email protected] and report the content that is, in your opinion, inappropriate. If any content is reported as inappropriate, we will immediately delete such content from SurviveLDR.
4.1 The Prices. Any products featured for sale on SurviveLDR (the “Products”) are subject to the applicable fees (the “Prices”). The Prices are specified on SurviveLDR in US dollars (USD) and include all applicable taxes. The Prices remain valid as long as they are featured on SurviveLDR. The Prices are subject to a change without a prior notice.
4.2 The Products. Our Products are available as long as they are displayed on SurviveLDR. The Products may have limited quantities. We may also periodically change the Products available on SurviveLDR. We have made every effort to display as accurately as possible the colors and images of the Products. However, we cannot guarantee that the monitor of your computer will display the colors and images of the Products accurately. We put reasonable efforts to assure the quality of our Products. However, we cannot warrant that the quality of our Products will meet your expectations.
4.3 Delivery. We will arrange for the Products you purchase to be delivered to the delivery address that you specify during the checkout process. We ship worldwide. Please note that we do not deliver to P.O. boxes. Any applicable shipping charges will be calculated and displayed to you during the checkout. After you complete the checkout process and your Products are dispatched, you will receive a shipment confirmation with a tracking number. The estimated delivery times and fees are indicated before you checkout. Please note that the delivery time is an estimate and may depend on the operations of our third-party delivery service providers. We use reasonable endeavors to deliver your Products on or before the date for delivery; however, we cannot guarantee delivery by this date as the delivery is executed by our third-party delivery partners. Although we try to prevent it, delivery delays may occur. If you do not receive your Products during the specified delivery periods, please contact us and we will look into your order. We are not responsible if the Products cannot be delivered due to your fault (e.g., if you provided the wrong address for delivery; the address for delivery is not reasonably or safely accessible; if there is no easy and secure means of leaving the Products at the address for delivery; if there is no person available to accept delivery; or if there is no person available to provide a signature, if in-person receipt is required).
4.4 Payment processing. All payments related to the Products are processed by our third-party payment processors PayPal and Shopify (the “Payment Processors”). The Payment Processors are solely responsible for handling your payments. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason. Please note that the Payment Processors may collect from you some personal data, which will allow them to make the payments requested by you (e.g., your name, email address, and credit card details). The Payment Processors handle all the steps in the payment process through their systems, including data collection and data processing. We do not store your credit card details in our systems.
4.5 Technical steps to conclude a sale contract. If you would like to conclude a sale contract with us, you need to: (i) choose the Products that you would like to buy; (ii) add them to your shopping cart; (iii) review your order; (iv) provide the required personal data; (v) choose a payment method; (vi) click on the button “Complete order”; (vii) submit the requested payment details; and (viii) click on the button “Pay now”. You will be able to identify and correct any input errors prior to clicking on the “Complete order” button. After you click on the button “Pay now”, we will send you a confirmatory email informing you about your order. By clicking on the button “Pay now” and receiving a confirmatory email, you conclude a service contract in English between you and us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order, you can consult the confirmatory email or contact us.
4.5 Refunds. If you are a consumer (i.e. a natural person who is acting for purposes which are outside his/her trade, business, craft or profession), you have the right to return the Products within 14 days after receiving them in your possession. To exercise your right of withdrawal from a sale contract, you must inform us of your decision by an unequivocal statement (e.g., a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the 14-day period has expired. If you withdraw from the sale contract and return the Products, we will reimburse to you all payments, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we were informed about your decision to withdraw from the sale contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly requested otherwise; in any event, you will not incur any fees as a result of such reimbursement. The reimbursement may be withheld until receives the returned Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
4.6 Returns of the Products. You can return the Products no later than 14 days from the day on which you inform us about your wish to return the Products as specified in section 4.5. Please note that you will need to cover the shipping costs for the Products you wish to return. The shipping costs are non-refundable.
4.7 Exceptions. You are not allowed to return the Products that are:
- Made to your specifications or are clearly personalized;
- Liable to deteriorate or expire rapidly;
- Not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- After delivery, according to their nature, inseparably mixed with other items;
- Clearly used, misused, or damaged;
- Repaired by you; or
- Faulty due to normal wear and tear.
4.8 Defective Products. If you find the Products that you have purchased are defective, you have three options:
- To request a refund as described in Section 4.5;
- To request a reduction of the Price (please contact us for further information); or
- To request a repairmen or replacement with similar Products (please contact us for further information).
5. Marketing and informational notices
5.1 Marketing communication. From time to time, we may send you messages, such as newsletters, brochures, promotions and advertisements, informing you about our new services. Please note that you will receive such marketing messages or be contacted by us for marketing purposes only if:
- We receive your express (“opt-in”) consent to receive marketing messages; or
- We decide to send you marketing messages about our new services that are closely related to the services already used by you through SurviveLDR.
5.2 Opting-out. You can opt-out from receiving marketing messages at any time free of charge by clicking on the “unsubscribe” link contained in any of the messages sent to you or contacting us directly.
5.3 Informational notices. From time to time (if we have your email address), we may send you informational notices, such as service-related, technical or administrative emails, information about SurviveLDR, your privacy and security, and other important matters. Please note that we will send such notices on an “if-needed” basis and they do not fall within the scope of direct marketing communication that requires your prior consent.
6.1 We take appropriate security measures, such as secured networks, screening and carefully choosing our service providers, and limiting access to any data by our staff, to protect the information we collect through SurviveLDR and store in our systems against unauthorized access.
6.2 Avoiding phishing and scam. Phishing is an online scam that aims to trick someone into giving up their personal data, such as credit card numbers, social security/national ID numbers, or other financial data. Usually, when scammers have that information, they will then use it to steal your money, property or identity. You agree not to disclose any financial information through SurviveLDR. By using SurviveLDR, you are solely responsible for your interactions with other users of SurviveLDR (e.g., through comments).
6.3 Security incidents. Given the nature of communications and information processing technology and the Internet, we cannot be liable for any security incidents, cyber attacks, data breaches, and unlawful destruction, loss, use, copying, modification, leakage, and falsification of any data caused by circumstances that are beyond our reasonable control. In case a security incident occurs, we will inform relevant authorities without undue delay and immediately take reasonable measures to mitigate the incident, as required by law. Our liability for any security incidents will be limited to the highest extent permitted by the applicable law.
7. Intellectual property
7.1 Our Content. Most of the content made available on SurviveLDR, excluding Your Content, is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, articles, images, audiovisual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorization from us, to:
- Copy, distribute, and make available Our Content to third parties;
- Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our Content;
- Distribute, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties; and
- Use any manual or automated means to scrap any content available on SurviveLDR.
7.2 Third-party intellectual property. Some of the intellectual property assets, such as Your Content, product names and images, and trademarks, featured on SurviveLDR may be owned by the users of SurviveLDR and other third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.
7.3 Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available through SurviveLDR violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content (our contact details are available at the end of the Terms). We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you SIGN it and include the following information:
- Identification with sufficient detail of the copyrighted work that you believe has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your contact details allowing us to respond to your claim;
- The following statement: “I 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
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
7.4 Sponsored content. You acknowledge that, unless we are required by law to do so, we may not identify sponsored content, commercial communications, or affiliated links.
8.1 We put reasonable efforts to ensure that SurviveLDR is always accessible to you. However, the availability of SurviveLDR may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or other force majeure events. We take no responsibility for the unavailability of SurviveLDR caused by such factors.
9. Disclaimer of warranties
9.1 We provide SurviveLDR on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of SurviveLDR and hereby disclaim all warranties regarding SurviveLDR and its operation.
9.2 We strive to ensure that the advice provided through SurviveLDR is as accurate and effective as possible. However, because of the subjective nature of such advice, we do not warrant that any information provided through SurviveLDR will be effective or meet your needs and expectations. By using SurviveLDR, you agree that SurviveLDR is provided on a recommendation and entertainment basis and you are solely responsible for your personal decisions and actions taken in relation to any information made available through SurviveLDR and we shall not be liable in any manner for your personal decisions and actions.
9.3 It is your sole responsibility to verify and assess the fit for the purpose of SurviveLDR prior to using it and to decide whether or not SurviveLDR fits for your intended use.
9.4 By using SurviveLDR, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
9.5 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
10. Limitation of liability
10.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of SurviveLDR or any content made available through SurviveLDR. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
10.2 We will not be liable to you for any loss or damage, which may be incurred by you as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any content, information, recommendations, or advertising featured on SurviveLDR, or as a result of any relationship or transaction between you, us, any other users of SurviveLDR, and advertisers or sponsors whose content appears on SurviveLDR;
- Any changes which we may make to SurviveLDR, or for any permanent or temporary cessation in the provision of SurviveLDR or any features thereof; and
- The deletion of, corruption of, or failure to store any of Your Content and other communications data maintained or transmitted by or through SurviveLDR.
10.3 This Section 10 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
11.1 You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of SurviveLDR, or your violation of any law or the rights of a third party.
12.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
13. Governing law and disputes
13.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflicts of law provisions.
13.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be not resolved by means of negotiation, the dispute will be submitted to the exclusive jurisdiction of the courts in Singapore. This Section 13 does not affect any statutory rights that you are entitled to as a consumer.
14.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until you stop using SurviveLDR.
14.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on SurviveLDR. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of SurviveLDR, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. Your continued use of SurviveLDR after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through SurviveLDR at any time, at our sole discretion.
14.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
- Send the user a formal warning;
- Temporarily or permanently prohibit your use of SurviveLDR;
- Report you to the relevant public authorities; or
- Commence a legal action against you.
14.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by stopping to use SurviveLDR.
14.5 Merger or acquisition. In the event the Company, during the term of these Terms, is acquired, merged, or sells all or substantially all of its assets, these Terms shall not automatically be terminated, and the Company agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
14.6 Entire agreement. These Terms, together with the documents referred to therein, represent entire agreement between you and the Company regarding your relationship with the Company and govern your use of SurviveLDR.
Any of your questions and notices regarding these Terms should be sent to us by using the following contact details:
Email: [email protected]