Terms and conditions

1. DEFINITIONS

In these Terms and Conditions, the following definitions shall apply:

• "User" refers to any individual or entity accessing The Service;
• "Content" includes all text, images, audio files, videos, software applications, and other materials displayed on The Service;
• "Intellectual Property" means proprietary rights of every kind and nature throughout the world, including but not limited to, copyrights, trademarks, service marks, trade secrets, patents, designs, know-how, inventions, business names, domain names, URLs, logos, symbols, icons, slogans, graphics, images, animations, audio-visual works, software, firmware, hardware, algorithms, and any other form of intellectual property rights whatsoever;
• "Malicious Activity" means actions that compromise the security or integrity of The Service;

2. ACCEPTANCE OF TERMS AND CONDITIONS

By accessing The Service, User acknowledges that it has read, understood, and agrees to be bound by these Terms and Conditions.

3. USE OF THE SERVICE

User may only access and use The Service for lawful purposes. In using The Service, User shall:

• comply with all applicable laws and regulations;
• not impersonate any other person or entity when accessing the account of another User or submitting information on behalf of such User;
• ensure that its computer system is suitably configured to access and display Content correctly;

4. PROHIBITED ACTIVITIES

User agrees not to:

• use The Service for any unlawful purpose, including but not limited to:
  • using The Service in a manner intended or calculated to deceive other Users regarding User's identity or location;
  • facilitating the creation of Malicious Activity; and
  • engaging in activities that compromise or jeopardize the security or integrity of The Service;
• upload, post, email or otherwise transmit any Content which is defamatory, threatening, harassing, obscene, hateful, promotes violence against any group or individuals based on their ethnicity, sex, age, national origin, disability, sexual orientation, gender identity or expression, religion, veteran status; and
• attempt to modify, delete, add to, reverse engineer, decompile or create derivative works of the software used to provide The Service;

5. INTELLECTUAL PROPERTY RIGHTS

User acknowledges that all Intellectual Property rights in The Service are owned by 32Red (or its licensors) and agrees not to use any trademark, logo, domain name, trade dress, or other proprietary identifier owned by 32Red without prior written consent.

6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

32Red PROVIDES THE SERVICE ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE. In no event shall 32Red be liable for any indirect, incidental, consequential or punitive damages arising out of User's use of The Service.

7. DATA PROTECTION AND CONFIDENTIALITY

32Red agrees to process User's personal data in accordance with the Data Protection Act 1998 (or its successor legislation). However, User acknowledges that 32Red may disclose such information as is necessary to comply with applicable laws and regulations or for security purposes.

8. INDEMNIFICATION

User shall indemnify, defend and hold harmless 32Red against any claims arising out of:

• any breach by User of these Terms and Conditions;
• any use by User of The Service that constitutes Malicious Activity; and
• any intellectual property infringement committed by User using The Service;

9. CHANGES TO TERMS AND CONDITIONS

32Red reserves the right to make changes to these Terms and Conditions from time to time without prior notice.

10. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by, construed in accordance with, and are subject to the exclusive jurisdiction of English law and the courts sitting within England and Wales.

11. DISPUTE RESOLUTION

User acknowledges that 32Red will attempt to resolve any disputes arising from these Terms and Conditions through good faith negotiations but reserves its rights to pursue legal action if necessary.

12. ENTIRE AGREEMENT AND AMENDMENTS

These Terms and Conditions represent User's entire understanding with respect to The Service and supersede all prior understandings, agreements, discussions and communications between the parties in relation thereto. Any amendments to these Terms and Conditions must be in writing signed by an authorized representative of 32Red.

13. TERMINATION OF AGREEMENT

User acknowledges that 32Red may terminate this Agreement immediately upon notice if User breaches any term or provision hereof.

14. GOVERNING PRINCIPLES AND NOTICES

32Red shall not be responsible for the actions of third parties (e.g., other Users, Internet service providers) in relation to The Service and reserves its rights under all relevant laws.

User acknowledges that these Terms and Conditions constitute an electronic record created and maintained by 32Red. Any notices sent via email will be deemed delivered on receipt as confirmed by User's mailbox provider, unless otherwise proven by User.

32Red may use various mechanisms (e.g., automated message systems) for communicating with Users in relation to The Service.

15. MISCELLANEOUS PROVISIONS

If any provision of these Terms and Conditions is found invalid or unenforceable under applicable law the remaining provisions shall not be affected; all other terms will remain in force, unless agreed otherwise.

16. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by, construed in accordance with, and are subject to the exclusive jurisdiction of English law and the courts sitting within England and Wales.

17. DISPUTE RESOLUTION

User acknowledges that 32Red will attempt to resolve any disputes arising from these Terms and Conditions through good faith negotiations but reserves its rights to pursue legal action if necessary.

18. ENTIRE AGREEMENT AND AMENDMENTS

These Terms and Conditions represent User's entire understanding with respect to The Service and supersede all prior understandings, agreements, discussions and communications between the parties in relation thereto. Any amendments to these Terms and Conditions must be in writing signed by an authorized representative of 32Red.

User acknowledges that these Terms and Conditions shall not create any rights or obligations which survive termination but will remain enforceable in respect of actions taken before such termination.