Before you register with 32dayz, you must read and agree to this Terms of Service ("TOS"). By using the 32dayz services (the "Service"), you agree to be bound by the TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by Iridesco, LLC ("Iridesco") and you.
Iridesco may, in its sole discretion, modify or revise the TOS at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: http://www.32dayz.com/terms-of-service
You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Iridesco reserves the right to refuse service to anyone at any time without notice for any reason.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Iridesco;
use the Service for any fraudulent or inappropriate purpose;
resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Iridesco;
use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
Monthly Terms: A valid credit card is required for you to continue using the Service after the 30-day free trial period on a month-to-month basis. The free trial offer entitles new, registered users to a one-time free trial usage of the Services. The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account.
Yearly Terms: The free trial offer entitles new, registered users to a one-time free trial usage of the Services. Payment via check is required to continue using the Service after the 30-day trial period. The service is billed in advance on a yearly basis. Refunds for deleted accounts may be requested for unused months of the service between the date of account removal and the final service date noted on the invoice issued by Iridesco.
All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
Iridesco reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Iridesco reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the 32dayz Site (www.32dayz.com) or the Service itself.
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the Manage tab and then Account Settings. The company Account Settings page has a simple "Close account" button. An email or phone request to cancel your account is not considered cancellation. There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. Iridesco may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
You acknowledge that Iridesco owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Iridesco claims no intellectual property rights over the material you provide to the Service.
You may access your 32dayz account data using the 32dayz API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses the 32dayz Site, is bound by these Terms of Service plus the following specific terms:
Iridesco does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Iridesco shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Iridesco has been advised of the possibility of such damages), resulting from your usage of the Service.
You agree to hold harmless and indemnify Iridesco, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Iridesco will provide you with written notice of such claim, suit or action.
The failure of Iridesco to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Iridesco and govern your use of the Service, superceding any prior agreements between you and Iridesco (including, but not limited to, any prior versions of the TOS).
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Iridesco at [email protected].