Terms & Conditions

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Izanami Arts (“we,” “us,” or “our”), concerning your access to and use of our mobile applications, websites, and any related services (collectively, the “Services”).

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions. You will be subject to, and will be deemed to have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such revised Terms and Conditions are posted.

2. Intellectual Property Rights

Unless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. User Representations

By using the Services, you represent and warrant that:

• You have the legal capacity and you agree to comply with these Terms and Conditions
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the Services for any illegal or unauthorized purpose
• Your use of the Services will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
• Use any information obtained from the Services in order to harass, abuse, or harm another person
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Services
• Engage in any automated use of the system, such as using scripts to send comments or messages
• Interfere with, disrupt, or create an undue burden on the Services or connected networks
• Copy or adapt the Services' software
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services
• Use the Services for any revenue-generating endeavor or commercial enterprise not approved by us

5. User Generated Contributions

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. Any Contributions you transmit may be treated in accordance with our Privacy Policy.

6. Contribution License

You and the Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

7. Mobile Application License

If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with these Terms and Conditions.

You shall not:

• Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application
• Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application
• Violate any applicable laws, rules, or regulations in connection with your access or use of the application
• Remove, alter, or obscure any proprietary notice posted by us or the licensors of the application
• Use the application for any revenue-generating endeavor or commercial enterprise for which it is not designed or intended
• Make the application available over a network permitting access or use by multiple devices or users at the same time
• Use the application for creating a product, service, or software that is competitive with or a substitute for the application
• Use any proprietary information or our interfaces in the design, development, manufacture, licensing, or distribution of any applications for use with the application

8. Third-Party Websites and Content

The Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

9. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who violates the law or these Terms and Conditions; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

10. Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.

11. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

12. Governing Law

These Terms shall be governed by and defined following the laws of India. Izanami Arts and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

13. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

Any dispute arising out of or in connection with these Terms and Conditions shall be referred to and finally resolved by the Indian Arbitration and Conciliation Act, 1996. The number of arbitrators shall be one (1). The seat of arbitration shall be India. The language of the proceedings shall be English.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding; there is no right for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.

14. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; or (5) any overt harmful act toward any other user of the Services.

17. Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions.

18. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: