Terms & Conditions
The SunDays App is operated by Mixart. References to "we," "us," and "our" mean Mixart. By using the SunDays App, you agree to these terms and conditions, along with any additional terms referenced herein. These terms apply to all users, including browsers, vendors, customers, merchants, and content contributors. If there is a conflict between these terms and any additional terms, the additional terms will prevail.
Please read these terms carefully before using the app. By using any part of the app, you agree to be bound by these terms.
New features or tools added to the app will also be subject to these terms. We reserve the right to update or change these terms at any time by posting updates on the app. It is your responsibility to check this page periodically for changes. Continued use of the app after changes are posted constitutes acceptance of those changes.
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The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Mixart LLC (hereinafter "Mixart"), a company duly organized and validly existing, located at 530 Technology Dr Suite 100, Irvine, California 92618. This Agreement annuls and voids all previous agreements.
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SECTION 1 - GENERAL TERMS
By agreeing to these terms, you confirm that you are of legal age in your jurisdiction or have obtained consent for your minor dependents to use this app.
You must not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction while using our app.
Any breach of these terms will result in immediate termination of your account and access to our service.
We reserve the right to:
Restrict, suspend, or terminate your access to our app.
Change, suspend, or discontinue our products or app.
Refuse, move, or remove any content on our app.
Deactivate or delete your accounts.
Set general practices and limits for using our app.
We will not be liable for any actions taken under these rights.
Our app may include mandatory communications such as service announcements and legal notices, which you cannot opt out of.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the app without our express written permission.
You may not modify, publish, transmit, reverse engineer, sell, create derivative works from, or exploit any content on the app. Mixart content is not for resale. Use of the app does not grant you ownership of any protected content. You will use protected content solely for personal use and will not delete or alter any proprietary notices. We do not grant any licenses to Mixart's intellectual property except as authorized by these terms.
SECTION 2 - CREATING AN ACCOUNT
Creating an account on the SunDays App registers you as a member. The terms "member," "membership," and "account" refer to this registration. If you are browsing the app without an account, you are still subject to these terms. If you do not agree, do not use the app.
When creating an account, you will provide an email and create a password or connect through a third-party service. You are responsible for all activities under your username and password, so keep them secure. You may not transfer your account to others. Mixart is not responsible for unauthorized access to your account due to theft or misappropriation. Notify us immediately if you suspect unauthorized use of your account.
SECTION 3 - CONDUCT
As a user or member of the SunDays App, you acknowledge and agree that you are solely responsible for any content you post, upload, email, or transmit. Mixart does not guarantee the accuracy or quality of such content and is not liable for any errors or omissions or any loss or damage incurred from the use of the content.
You agree not to use Mixart's services for unlawful purposes, including but not limited to:
Uploading harmful, threatening, abusive, or otherwise objectionable content
Harming minors
Impersonating others
Infringing on intellectual property rights
Sending unsolicited advertising or spam
Uploading viruses or harmful software
Disrupting communication
Interfering with Mixart's services or networks
Violating laws or regulations
Supporting terrorist organizations
Stalking or harassing others
Collecting personal data without permission
Mixart reserves the right to refuse, delete, or remove any content that violates these terms or is offensive. We may access, preserve, and disclose your account information and content to comply with legal processes, enforce these terms, respond to claims of rights violations, provide customer service, or protect the rights, property, or safety of Mixart and the public.
Unauthorized reproduction, publication, distribution, or exhibition of any information or materials from our services is prohibited. Mixart may use security components to protect digital information, and any attempt to override or circumvent these protections is prohibited.
SECTION 4 - SUBMITTED CONTENT
Mixart LLC does not claim ownership of any content submitted by visitors, members, or users, nor do we make such content available for inclusion in our app services. By uploading content to the SunDays App, you grant Mixart LLC the following worldwide, royalty-free, and non-exclusive licenses:
a) For content submitted to publicly accessible areas of Mixart LLC's apps, you grant us a license to use, distribute, reproduce, modify, adapt, publicly perform, and display the content for promoting the specific area where it was posted. This license remains valid as long as you are a member and ends when you discontinue your membership.
b) Photos, audio, video, or graphics submitted to publicly accessible areas grant us a similar license for promoting those specific areas as long as you are a member.
c) For other content submitted to publicly accessible areas, you grant us a continuous, sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and display the content, including incorporating it into other works.
Publicly accessible areas include message boards and groups open to both users and members. Areas restricted to members only include our mail system and instant messaging.
By uploading content to the SunDays App, you acknowledge and agree that such content will be processed by artificial intelligence (AI) systems. Mixart makes no representations or warranties regarding the accuracy of AI-generated content and shall not be held liable for any content produced by these systems. Users retain the right to remove any content they no longer wish to be processed by the AI. Users are strongly advised to refrain from uploading any content they do not wish to be subject to AI processing. Additionally, any content uploaded and any data generated from the processing of such content will not be disclosed to any third-party services known to us.
SECTION 5 - INDEMNITY
All users and/or members agree to insure and hold Mixart LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our App may submit, post, modify, transmit or otherwise make available through our Services, the use of Mixart Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 6 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to SunDays Apps.
SECTION 7 - MODIFICATIONS
Mixart LLC reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 8 - TERMINATION
As a member of SunDays App, you can cancel your account and associated email address by submitting a request to [contact information].
Mixart LLC may immediately suspend, terminate, discontinue, or limit your account and access to our services without prior notice for reasons including:
a) Violation of our terms or other agreements, regulations, or guidelines. b) Requests from law enforcement or governmental agencies. c) Changes or modifications to our services. d) Technical or security issues. e) Extended periods of inactivity. f) Engagement in fraudulent or illegal activities. g) Nonpayment of associated fees.
Terminations, suspensions, or limitations for cause are at our discretion and we are not liable to you or any third party for these actions.
Terminating your SunDays App account includes:
a) Loss of access to all or part of our services. b) Deletion of your password and associated information and files. c) Prohibition from further use of our services.
SECTION 9 – THIRD-PARTY SERVICES
Mixart LLC and third parties may provide links to other apps and resources. You acknowledge that we are not responsible for the availability of these external apps or resources, and we do not endorse or accept responsibility for any content, products, advertising, or other materials on or available from such third-party apps or resources. Mixart LLC shall not be directly or indirectly liable for any damages or losses resulting from, caused by, or allegedly caused by the use of or reliance on any such content, goods, or services available through any such app or resource.
SECTION 10 - PROPRIETARY RIGHTS
You acknowledge that Mixart LLC's services and any essential software used in connection with our services ("Software") contain proprietary and confidential material protected by intellectual property rights and other laws. Content in advertisements or information presented through our services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as permitted by applicable law or authorized by Mixart LLC or applicable licensors, you agree not to modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, or create plagiaristic works based on Mixart LLC services (e.g., content or software).
Mixart LLC grants you a personal, non-transferable, non-exclusive right and license to use the object code of our software on a single computer. You agree not to duplicate, alter, modify, create derivative works from, reverse engineer, reverse assemble, or attempt to discover any source code of the software. You further agree not to sell, assign, sublicense, grant a security interest in, or transfer any rights in the software. You agree not to alter or change the software or use modified versions for unauthorized access to our services. Lastly, you agree to access our services only through the interface provided by Mixart LLC.
SECTION 11 - WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF MIXART LLC SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. MIXART LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b) MIXART LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTIES THAT (i) MIXART LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MIXART LLC SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) RESULTS OBTAINED FROM THE USE OF MIXART LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OBTAINED THROUGH MIXART LLC SERVICES OR SOFTWARE IS AT YOUR SOLE DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MIXART LLC OR THROUGH OUR SERVICES OR SOFTWARE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SECTION 12 - LIMITATION OF LIABILITY
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT MIXART LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES:
a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; e) ANY OTHER MATTER RELATING TO OUR SERVICE.
SECTION 13 - RELEASE
If you have a dispute, you agree to release Mixart LLC (and its officers, directors, employees, agents, subsidiaries, affiliates, partners, and any other third parties) from all claims and damages, known or unknown, arising out of or related to the dispute.
SECTION 14 - NOTICE
Mixart LLC may provide notices to you, including changes to the Terms, via email, regular mail, MMS or SMS, postings on our app services, or other reasonable means. You acknowledge that you may not receive these notices if you access our services unauthorized. Your acceptance of this Agreement means you are deemed to have received all notices that would have been delivered through authorized access.
SECTION 15 - INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all Mixart LLC trademarks, copyrights, trade names, service marks, logos, brand features, product names, and service names are the property of Mixart LLC. You agree not to use the Mixart LLC logo or marks without Mixart LLC's prior written consent.
Mixart LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Mixart LLC may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should contact the Mixart LLC agent for notice of claims of copyright or other intellectual property infringement at admin@getsundays.app
SECTION 16 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Mixart LLC and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Mixart LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Mixart LLC Services, affiliate Services, third-party content or third-party software.
SECTION 17 - CHOICE OF LAW, FORUM, WAIVER, AND SEVERABILITY
IT IS MUTUALLY AGREED THAT:
The Agreement between you and Mixart LLC shall be governed by the laws of the state of California, without regard to its conflict of law provisions. Any disputes or claims arising out of or relating to the Agreement shall be filed in the courts within the County of Orange, California, or the U.S. District Court for that state. Both parties agree to submit to the jurisdiction of these courts and waive any objections to such jurisdiction or venue.
In the event that Mixart LLC fails to enforce any right or provision in the Agreement, it does not waive the right to enforce that provision in the future. If any provision of the Agreement is found invalid by a court, the remaining provisions shall remain in effect, and the court shall attempt to enforce the parties' intentions as reflected in the provision.
SECTION 18 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
SECTION 19 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.