Terms of Use

These Terms of Use are updated and effective as of 2 September 2019.

By accessing or using the Dayre service, including but not limited to the website, applications (including mobile applications) or features made available by Dayre (together, the "Service"), however accessed, you agree and shall be deemed to be legally bound by these Terms of Use. The Service is owned or controlled by Create Collective Pte. Ltd. These Terms of Use prescribe your legal rights and obligations. If you do not agree to be bound by these Terms of Use, please do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature will apply if there is a conflict with these Terms of Use.

Dayre reserves the right, in its sole discretion, to change, amend or supplement these Terms of Use ("Updated Terms") from time to time. Unless Dayre makes a change for legal or administrative reasons, it will provide reasonable advance notice before the Updated Terms become effective. You agree that Dayre may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as Dayre may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. The Updated Terms will govern any disputes arising after the effective date of the Updated Terms.

1. Definitions

1.1 In these Terms of Use, the following definitions shall apply unless the context does not permit such application:

"Content" means any content, information, software, materials, news, advertisements, listings, data, input, files, usernames, text, songs, audio, video, sounds, musical works, images, graphics, photos, profiles, software, blogs, webcasts, podcasts, broadcasts, messages, comments, posts, suggestions, works of authorship, applications, links, websites, ideas, likes, friendships, and other content or materials.

"Dayre App" means the mobile application of Dayre.

"Dayre Content" means Content owned or licensed by Dayre.

"Intellectual Property Rights" or "IP Rights" means the copyright, patents, trademarks, registered designs, service marks, goodwill, trade secrets and all other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

"Privacy Policy" means Dayre’s privacy policy posted at https://dayre.me/terms/privacy as may be updated from time to time.

"Submit" means create, transmit, post, upload, distribute or disseminate in any manner whatsoever.

"Terms of Use" means these terms of use, the Privacy Policy, and any Updated Terms or updated Privacy Policy.

"User Content" means any and all Content which you or a user of the Service Submit on or through the Service.

2. Membership

2.1 You may subscribe for a Dayre membership through the Dayre App.

2.2 You must be at least 18 years old to subscribe for a Dayre membership.

2.3 Your subscription to Dayre will entitle you to access the Service provided by Dayre.

2.4 Your Dayre membership will continue month-to-month until terminated.

2.5 To subscribe, you need to provide us with a payment method, which may include payment through your account with a third party. Unless you cancel your membership before your monthly billing date, you authorise us to charge your next month’s membership fee to you. You are responsible to ensure that your payment method remains valid, failing which your Dayre membership may be terminated.

2.6 You may cancel your Dayre membership at any time before your monthly billing date. Upon cancellation of your Dayre membership, you will continue to have access to the Service through to the end of your monthly billing period.

2.7 Payments which have already been processed are non-refundable and Dayre does not provide any refunds or credits for any period from the date of cancellation to the end of the monthly billing period.

2.8 To cancel, go to settings, find the "Payments" tab under "Account", toggle to "Subscription", tap on "Learn More" and you will be able to access the unsubscribe button.

2.9 The Dayre membership subscription fee is $4.48/month. Dayre reserves the right to change its membership subscription fee from time to time. If Dayre changes its membership fee, Dayre will provide 30 days advance notice to you.

2.10 If you subscribe by 1 October 2019, you shall enjoy a reduced subscription fee of $3.50/month (the “Dayrean Special Fee”) after the completion of your one-month free-trial.

2.11 The Dayrean Special Fee shall apply for as long as you remain a subscriber of Dayre. If you unsubscribe and re-subscribe at any point in time, you will no longer be eligible for the Dayrean Special Fee.

2.12 Dayre reserves the right to amend the terms of the Dayrean Special Fee or terminate the Dayrean Special Fee at any time in its sole discretion, by giving prior notice to you.

2.13 In the event that there is a change in the ownership of Dayre, the Dayrean Special Fee may no longer be applicable.

2.14 Dayre is not responsible for the products and services provided by any third parties on or through the Service.

3. Use of the service

3.1 This Service is for your personal and non-commercial use.

3.2 Your User Content must not contain any prohibited material that is objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or that which offends against good taste or decency, or is otherwise prohibited by applicable Singapore laws, including but not limited to the following:

(a) material that depicts nudity or genitalia in a manner calculated to titillate;

(b) material that promotes sexual violence or sexual activity involving coercion or non-consent of any kind;

(c) material that depicts a person or persons clearly engaged in explicit sexual activity;

(d) material that depicts a person who is, or appears to be, under 16 years of age in sexual activity, in a sexually provocative manner or in any other offensive manner;

(e) material that advocates homosexuality or lesbianism, or depicts or promotes incest, paedophilia, bestiality and necrophilia;

(f) material that depicts detailed or relished acts of extreme violence or cruelty;

(g) material that glorifies, incites or endorses ethnic, racial or religious hatred, strife or intolerance; and/or

(h) any other material that may be considered violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive.,

UNLESS such material has intrinsic medical, scientific, artistic or educational value.

3.3 You must not Submit any User Content if you do not have a right to do so under any law or under contractual or fiduciary relationships (such as insider information or proprietary information).

3.4 You are solely responsible for your conduct and your User Content. If your conduct and/or your User Content violates these Terms of Use, you shall bear all legal responsibility.

3.5 You agree and acknowledge that Dayre is not responsible or liable for, and does not endorse, any User Content. As such, you use the Service at your own risk.

3.6 You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Dayre is not responsible or liable for the conduct of any user. Dayre reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You shall exercise common sense and your best judgment when interacting with other users.

3.7 The Service is not moderated. Dayre has no duty, responsibility, or obligation to pre-screen, monitor, edit, moderate, block, disallow or remove any Content, User Content, or user account. Nevertheless, Dayre reserves its rights to do so for any reason whatsoever, without prior notice and at its sole discretion.

3.8 Dayre further reserves its rights to remove any User Content and/or other Content if required to do so by any laws, regulations, guidelines, directives, or any order or notice issued by a competent authority.

3.9 You agree and acknowledge that you are responsible for any activity that occurs through your account and you agree that you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Dayre prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Dayre upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

3.10 You agree that you will not solicit, collect or use the login credentials of other Dayre users.

3.11 You are responsible for keeping your password secret and secure.

3.12 You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

3.13 You must not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your User Content, including but not limited to, copyright laws and defamation laws.

3.14 You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Dayre.

3.15 You must not access Dayre's private Application Programming Interface (API) by means other than those permitted by Dayre. Use of Dayre's API is subject to a separate set of terms and conditions.

3.16 You must not Submit spam email, comments, likes or other forms of commercial or harassing communications to any Dayre users.

3.17 You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Dayre page is rendered or displayed in a user's browser or device.

3.18 You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

3.19 You must not crawl, scrape, cache or otherwise access any Content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Dayre's express consent).

3.20 You agree that you are responsible for all data charges you incur through use of the Service.

3.21 You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use.

3.22 Dayre reserves the right to modify, suspend or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.

3.23 Upon the termination of the Service by either you or Dayre, the Content on the Service, including your User Content, will no longer be accessible through your account (e.g., you will not be able to navigate to your username and view your photos), but your User Content may persist and appear within the Service or elsewhere (e.g., if your User Content has been re-shared by others). Notwithstanding any of the above, Dayre reserves the right to retain all User Content for a period of up to one (1) year after the date of termination.

3.24 Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. Dayre also reserves the right to refuse access to the Service to anyone without giving any reason at any time.

3.25 Dayre reserves the right to force forfeiture of any username without giving any reason at any time.

3.26 Violation of these Terms of Use may, in Dayre's sole discretion, result in termination of your Dayre account. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Dayre, Dayre reserves the right to stop providing all or part of the Service to you.

3.27 Although Dayre endeavours to make the Service available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

3.28 Content removed from the Service may continue to be stored by Dayre, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Dayre encourages you to maintain your own backup of your User Content. In other words, Dayre is not a backup service and you agree and acknowledge that you will not rely on the Service for the purposes of User Content backup or storage. Dayre will not be liable or responsible to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content. You also agree and acknowledge that the Internet may be subject to breaches of security and that any User Content or other information you Submit on or through the Service may not be secure.

3.29 The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Dayre to any registration requirement within such jurisdiction or country. Dayre reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Dayre provides.

4. Third party content

4.1 There may be links from the Service, or from communications you receive from the Service, to third-party services, including but not limited to web sites, applications, or features (“Third Party Services”). There may also be links to such Third Party Services in the Content on the Service. The Service also includes third-party Content that Dayre does not control, maintain or endorse.

4.2 Functionality on the Service may also permit interactions between the Service and Third Party Services, including services that connect the Service or your profile on the Service with Third Party Services. For example, the Service may include a feature that enables you to share Content on the Service or your User Content with a third party, which may be publicly posted on the Third Party Services. Using this functionality typically requires you to login to your account on such Third Party Services and you do so at your own risk. Dayre does not control, maintain or endorse any of these Third Party Services or any of their Content. You expressly acknowledge and agree that Dayre is in no way responsible or liable for any such Third Party Services. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

4.3 You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with Third Party Services (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Dayre has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Dayre Parties (as defined below) harmless for activity related to the Application.

5. Intellectual property

5.1 Dayre does not claim ownership of any of your User Content. However, you hereby grant to Dayre a perpetual, non-exclusive, royalty-free, transferable, and sub-licensable worldwide license to use your User Content. Such use shall include without limitation the right to reproduce, communicate to the public, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, your User Content.

5.2 You represent and warrant that:
a) you own your User Content or otherwise have the right to grant the rights and licenses set forth in Clause 5.1 of these Terms of Use;
b) your User Content and/or your use of any Content will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and/or IP Rights;
c) you agree to pay for all royalties, fees, and any other monies owed by reason of your User Content you Submit on or through the Service; and
d) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

5.3 You must not Submit any User Content unless you own the IP Rights thereto or have received all necessary consents. Your User Content must not infringe any IP Rights or other proprietary rights of any party.

5.4 Except as otherwise described in Dayre’s Privacy Policy, as between you and Dayre, you acknowledge and agree that all User Content will be non-confidential and Dayre will not be liable for any use or disclosure of any User Content. You acknowledge and agree that your relationship with Dayre is not a confidential, fiduciary, or other type of special relationship, and that your decision to Submit your User Content does not place Dayre in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of Dayre, and Dayre will not be liable for any use or disclosure of any User Content you provide.

5.5 It is Dayre's policy not to accept or consider content, information, ideas, suggestions or other materials other than those which Dayre has specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those Dayre has developed or are developing independently. Accordingly, Dayre does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send Dayre content, information, ideas, suggestions, or other materials, you further agree that Dayre is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

5.6 The Service may contain Dayre Content. The IP Rights in and to the Dayre Content are owned by or licensed to Dayre. Accordingly, the Dayre Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Dayre, Dayre owns and retains all rights in the Dayre Content and the Service. You agree and acknowledge that you will not remove, alter or conceal any IP Rights or other proprietary rights notices incorporated in or accompanying the Dayre Content. You also agree and acknowledge that you will not reproduce, communicate to the public, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Dayre Content or Dayre’s IP Rights.

5.7 In particular, the Dayre name and logo are trademarks of Dayre, and may not be reproduced, copied, imitated or used, in whole or in part, without the prior written permission of Dayre. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Dayre, and may not be reproduced, copied, imitated or used, in whole or in part, without prior written permission from Dayre.

5.8 Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Dayre may place such advertising and promotions on the Service or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

5.9 You agree and acknowledge that Dayre may not always identify paid services, sponsored content, or commercial communications as such.

6. Disclaimers of warranties

6.1 The service, including, without limitation, dayre content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither dayre, its parent company, any of its group or associated company, nor any of their employees, managers, officers or agents (collectively, the "dayre parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the dayre content; (c) user content; or (d) security associated with the content dayre or any user submit on or through the service. In addition, the dayre parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

6.2 The dayre parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. The dayre parties do not make any representations or warranties that the content on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The dayre parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the dayre parties specifically disclaim such warranties.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you or may apply only to the maximum extent permitted by the applicable law.

6.3 By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

6.4 The dayre parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

7. Limitation of liability; waiver

7.1 You agree and acknowledge that under no circumstances will the dayre parties be liable to you for any losses, injuries, expenses, damages or liabilities of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) under any causes of action that are directly or indirectly caused by the use of or inability to use:

(a) The service;
(b) Dayre content;
(c) User content; or
(d) Any other content on the service,

Including, without limitation, damages or liabilities for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the dayre parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).

7.2 In particular, if the above is due to:
(a) Any action taken in connection with an investigation by the dayre parties or law enforcement authorities regarding your or any other party's use of the service;
(a) Any action taken in connection with copyright or other ip rights owners;
(a) Any errors or omissions in the service's operation; or (a) Any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

7.3 You agree and acknowledge that in no event will the dayre parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.

7.4 In the event that the dayre parties are liable for damages despite clause 7, you agree and acknowledge that the dayre parties’ aggregate liability to you shall not exceed the total sum of sgd100.

7.5 You agree and acknowledge that in the event you incur any damages, losses or injuries that arise out of dayre's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the dayre parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the dayre parties.

7.6 By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.

7.7 The dayre parties are not responsible for the actions, content, information, or data of third parties, and you release the dayre parties from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

8. Indemnification

8.1 You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Dayre's request), indemnify and hold the Dayre Parties harmless from and against any claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), damages, losses, penalties, awards, expenses, and/or costs (including without limitation, legal costs on a full indemnity basis), arising out of or in any way connected with or resulting from your use of the Service, including without limitation:

(a) any use of or access to the Service;
(b) any User Content;
(c) any breach or alleged breach of these Terms of Use;
(d) any violation of any third-party right, including without limitation, any IP Rights, publicity, confidentiality, property or privacy right;
(e) any violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; and/or
(f) any misrepresentation made by you.

8.2 You will cooperate as fully required by Dayre in the defence of any claim arising out of or in any way connected with any of the above. Dayre reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Dayre.

9. Data use and privacy

Please do not submit any personal information or data without first reading and agreeing to our Privacy Policy which explains our data use and privacy practices in detail.

10. Rights of third parties

Except as provided for in Clause 8, a person or entity who is not a party to this Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

11. Time limitations on claims

You agree that any claim you may have arising out of or related to your relationship with Dayre must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

12. No waiver

12.1 No waiver of any rights or remedies by Dayre shall be effective unless made in writing and signed by an authorised representative of Dayre.

12.2 A failure by Dayre to exercise or enforce any rights conferred upon it by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time.

13. Entire agreement

These Terms of Use constitute the entire agreement between you and Dayre and governs your use of the Service, superseding any prior agreements between you and Dayre.

14. Severability

If any provision of these Terms of Use or part thereof is found to be illegal, void, invalid or otherwise unenforceable under any law that is applicable hereto or by a court of competent jurisdiction, the parties agree that such provision shall be rendered void, illegal or unenforceable to the extent found, and it shall in no way affect or prejudice the validity and enforceability of the remainder of such provision, and the remaining provisions of these Terms of Use shall remain in full force and effect.

15. Assignment

You will not assign these terms of use or assign any rights or any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of dayre. Any purported assignment by you without the appropriate prior written consent of dayre will be null and void. Dayre may assign any rights hereunder without your consent.

16. Relationship of parties

Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between Dayre and you and neither party shall have any authority to bind the other in any way.

17. Governing law and jurisdiction

17.1 These Terms of Use are governed by and construed in accordance with the laws of the Republic of Singapore. You acknowledge and agree to submit to the exclusive jurisdiction of the Courts of the Republic of Singapore. You also acknowledge and agree that all disputes between you and Dayre (whether or not such dispute involves a third party) with regard to your relationship with Dayre, including without limitation disputes related to these Terms of Use and/or your use of the Service, will be resolved in the Courts of the Republic of Singapore.

17.2 You may bring claims only on your own behalf. Neither you nor Dayre will participate in a class action for any claims covered by these Terms of Use.

These Terms of Use are updated and effective as of 2 September 2019. These Terms of Use were written in English. To the extent any translated version of these Terms of Use conflicts with the English version, the English version shall prevail.

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