Use of WhyThey’reSingle.com (“WTS”) is subject to these Terms of Use (“Terms”).
This document is a legally binding contract (“Agreement”) between you and WTS (including its owners and operators) (“We” or “WTS”). Take a few minutes to read the entire document and understand its terms. When you check a box indicating assent to these terms, you are performing the same act as signing a printed copy of this document.
This Agreement is subject to change. An up-to-date copy will always be posted at this online location, or at a location indicated on the WTS homepage. The WTS Privacy Policy and Copyright Policy are expressly incorporated herein.
Disclaimer of Warranty
WTS’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WTS DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WTS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERROR; NOR DOES WTS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT ACCESSED THROUGH THE SERVICES. WTS MAKES NO WARRANTY REGARDING ANYTHING ACCESSED, ACQUIRED, DOWNLOADED, OR PURCHASED THROUGH ITS SERVICES.
Contests
Contest winners will be determined by the criteria stated in the contest announcement. WTS may decide in its sole discretion how to interpret the criteria, decide close cases, or otherwise select a winner. If a contest is decided based on popularity, ranking, or sharing, WTS may decide the formula for calculating these measures. When submissions are to be made on a certain day, the submission must be complete – i.e., received – by WTS before midnight eastern time (America) that day.
Your submission is only eligible to win a contest if you included with the submission accurate and complete information, including your correct name and an email address you check routinely. If you are selected as a contest winner, WTS will notify your promptly at the email address you provided. You must then provide accurate and complete contact information within 10 days after WTS notifies you. WTS will then arrange for delivery of the contest prize to you within a reasonable time, either by sending the prize directly to your address, or else by ordering the prize from an online retailer to be shipped to your address.
Once WTS has placed the order or deposited the prize with a shipping or mail service, WTS’ obligations are fully discharged. After these actions, you bear the entire risk of the transaction, including damage in delivery, misdelivery, or defective products. WTS does not warrant the quality or condition of any prizes you win through a contest.
Comments
WTS may allow comments to be submitted to certain posts or pages on the site. You agree that your contributions of comments will be civil, lawful, and not for any spamming or campaigning purpose. You agree that your comments will not violate the rights of another, including copyright, trademark, rights of publicity and privacy, or other intellectual property rights, and will not defame, libel, or slander another. If your comments violate the rights of another, you agree to indemnify WTS for any and all liability flowing from such harm. Text or other material submitted as comments or responses are subject to the terms stated in “Submissions” below.
Submissions
By submitting, uploading, emailing, or otherwise contributing any material to WTS—including photos, emails, text, images, or other media—you represent and warrant that you have the right to submit, copy, and publish such material, and that your use or WTS’s use of it will not violate the rights of another, including copyright, trademark, rights of publicity and privacy, or other intellectual property rights, and will not defame, libel, or slander another.
Although you retain general ownership and control of what you upload or submit to WTS, you agree that, by the act of contributing any media or other content to WTS, you grant to WTS a worldwide, royalty-free, license to reproduce, adapt, modify, publish, publicly perform, publicly display and distribute such content, for any purpose, including commercial and promotional uses or for profit, and without attribution. While this license is generally non-exclusive, you grant to WTS the exclusive right to use the submitted material on humor websites or in other humor publications, whether print or digital. You acknowledge that no payment will be given to you for any such use by WTS or its assigns.
You agree to indemnify WTS for any damage or liability arising from content that you contribute in violation of law.
Limitation of Liability
THE ENTIRE RISK ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES REMAINS WITH YOU. UNDER NO CIRCUMSTANCES SHALL WTS OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY SERVICE, EVEN IF WTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Modification of Agreement
WTS may modify these Terms at any time in its sole discretion. An up-to-date copy of the Terms will be posted at this online location, or at a location indicated on the WTS homepage.
Indemnification
You agree to indemnify and hold WTS and any of its owners, members, subsidiaries, affiliates, directors, representatives and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of these Terms, or your violation of any law, regulation or third-party right.
Disputes
You agree that all disputes or claims arising under these Terms must be litigated, if at all, in the federal and state courts of California in Los Angeles, California, and that the law of California shall apply.
General Provisions
No delay or failure to take action under these Terms shall constitute any waiver by WTS of any provision of this Agreement.
If any part of these Terms are invalid or unenforceable under applicable law, the invalid or unenforceable part shall be deemed omitted and the remainder of the agreement will continue in full force and effect.
This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement or any right thereunder shall have no legal effect.
WTS may freely assign any of its rights or delegate its duties under this Agreement without notice or consent.
Unless and until this Agreement is modified by WTS, this Agreement constitutes the complete and exclusive agreement between WTS and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
All rights not expressly granted in this Agreement are reserved for WTS.
This Agreement creates no rights in any third-parties and creates no third-party beneficiaries to the Agreement.
