Terms and Conditions

Last updated January 17, 2022

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Amyable Studios ("Company," “we," “us," or “our”), concerning your access to and use of the http://www.amyablestudios.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in India and have our registered office at B106, Maharahi CHS, Plot no 62, Sector:17, Vashi, Navi Mumbai, Maharashtra 400703. Our GST number is 27HADPS0468A1ZR. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will besubject to, and will be deemed to have been made aware of and to have accepted,the changes in any revised Terms of Use by your continued use of the Site after thedate such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by anyperson or entity in any jurisdiction or country where such distribution or use would becontrary to law or regulation or which would subject us to any registrationrequirement within such jurisdiction or country. Accordingly, those persons whochoose to access the Site from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent local laws areapplicable.

The Site is not tailored to comply with industry-specific regulations (Health InsurancePortability and Accountability Act (HIPAA), Federal Information Security ManagementAct (FISMA), etc.), so if your interactions would be subjected to such laws, you maynot use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under theage of 18) must have the permission of, and be directly supervised by, their parent orguardian to use the Site. If you are a minor, you must have your parent or guardianread and agree to these Terms of Use prior to you using the Site.

2.INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code,databases, functionality, software, website designs, audio, video, text, photographs,and graphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by us orlicensed to us, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the United States,international copyright laws, and international conventions. The Content and theMarks are provided on the Site “AS IS” for your information and personal use only.Except as expressly provided in these Terms of Use, no part of the Site 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 ourexpress prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license toaccess and use the Site and to download or print a copy of any portion of the Contentto which you have properly gained access solely for your personal, non-commercialuse. We reserve all rights not expressly granted to you in and to the Site, the Contentand the Marks.

3.USER REPRESENTATIONS

By using the Site, you represent and warrant that:(1) all registration information yousubmit will be true, accurate, current, and complete; (2) you will maintain theaccuracy of such information and promptly update such registration information asnecessary;(3) you have the legal capacity and you agree to comply with these Termsof Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor,you have received parental permission to use the Site; (5) you will not access theSite through automated or non-human means, whether through a bot, script, orotherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and(7) your use of the Site 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 allcurrent or future use of the Site (or any portion thereof).

4.USER REGISTRATION

You may be required to register with the Site. You agree to keep your passwordconfidential and will be responsible for all use of your account and password. Wereserve the right to remove, reclaim, or change a username you select if wedetermine, in our sole discretion, that such username is inappropriate, obscene, orotherwise objectionable.

5.PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile,directly or indirectly, a collection, compilation, database, or directory withoutwritten permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of theSite, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Site and/or the Contentcontained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harmanother person.
  • Make improper use of our support services or submit false reports of abuse ormisconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Site.
  • Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username ofanother user.
  • Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networksor services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrictaccess to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to
  • Flash, PHP,HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Site.
  • Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means orunder false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Siteand/or the Content for any revenue-generating endeavor or commercialenterprise.
  • Use the Site to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.

6.USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, messageboards, online forums, and other functionality, and may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Site, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may beviewable by other users of the Site and through third-party websites. As such, anyContributions you transmit may be treated as non-confidential and non-proprietary.When you create or make available any Contributions, you thereby represent andwarrant that:

  • The creation,distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will notinfringe the proprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the Site, andother users of the Site to use your Contributions in any manner contemplatedby the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name or likenessof each and every such identifiable individual person to enable inclusion anduse of your Contributions in any manner contemplated by the Site and theseTerms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or otherforms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
  • Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specificperson or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any thirdparty.
  • Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.
  • Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, anyprovision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and mayresult in, among other things, termination or suspension of your rights to use the Site.


7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributionsaccessible to the Site by linking your account from the Site to any of your socialnetworking accounts , you automatically grant, and you represent and warrant thatyou have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license tohost, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt(in whole or in part), and distribute such Contributions (including, without limitation,your image and voice) for any purpose, commercial, advertising, or otherwise, and toprepare derivative works of, or incorporate into other works, such Contributions, andgrant and authorize sublicenses of the foregoing. The use and distribution may occurin any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafterdeveloped, and includes our use of your name, company name, and franchise name,as applicable, and any of the trademarks, service marks, trade names, logos, andpersonal and commercial images you provide. You waive all moral rights in yourContributions, and you warrant that moral rights have not otherwise been asserted inyour Contributions.

We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site. Youare solely responsible for your Contributions to the Site and you expressly agree toexonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwisechange any Contributions; (2) to re-categorize any Contributions to place them inmore appropriate locations on the Site; and (3) to pre-screen or delete anyContributions at any time and for any reason, without notice. We have no obligationto monitor your Contributions.

8. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting areview, you must comply with the following criteria: (1) you should have firsthandexperience with the person/entity being reviewed; (2) your reviews should not containoffensive profanity, or abusive, racist, offensive, or hate language; (3) your reviewsshould not contain discriminatory references based on religion, race, gender, nationalorigin, age, marital status, sexual orientation, or disability; (4) your reviews should notcontain references to illegal activity; (5) you should not be affiliated with competitors ifposting negative reviews; (6) you should not make any conclusions as to the legalityof conduct; (7) you may not post any false or misleading statements; and (8) you maynot organize a campaign encouraging others to post reviews, whether positive ornegative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutelyno obligation to screen reviews or to delete reviews, even if anyone considersreviews objectionable or inaccurate. Reviews are not endorsed by us, and do notnecessarily represent our opinions or the views of any of our affiliates or partners. Wedo not assume liability for any review or for any claims, liabilities, or losses resultingfrom any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right andlicense to reproduce, modify, translate, transmit by any means, display, perform,and/or distribute all content relating to reviews.

9. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accountsyou have with third-party service providers (each such account, a “Third-PartyAccount”) by either: (1) providing your Third-Party Account login information throughthe Site; or (2) allowing us to access your Third-Party Account, as is permitted underthe applicable terms and conditions that govern your use of each Third-PartyAccount. You represent and warrant that you are entitled to disclose your Third-PartyAccount login information to us and/or grant us access to your Third-Party Account,without breach by you of any of the terms and conditions that govern your use of theapplicable Third-Party Account, and without obligating us to pay any fees or makingus subject to any usage limitations imposed by the third-party service provider of theThird-Party Account. By granting us access to any Third-Party Accounts, youunderstand that (1) we may access, make available, and store (if applicable) anycontent that you have provided to and stored in your Third-Party Account (the “SocialNetwork Content”) so that it is available on and through the Site via your account,including without limitation any friend lists and (2) we may submit to and receive fromyour Third-Party Account additional information to the extent you are notified whenyou link your account with the Third-Party Account. Depending on the Third-PartyAccounts you choose and subject to the privacy settings that you have set in suchThird-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Pleasenote that if a Third-Party Account or associated service becomes unavailable or ouraccess to such Third Party Account is terminated by the third-party service provider,then Social Network Content may no longer be available on and through the Site.You will have the ability to disable the connection between your account on the Siteand your Third-Party Accounts at any time. PLEASE NOTE THAT YOURRELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATEDWITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOURAGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make noeffort to review any Social Network Content for any purpose, including but not limitedto, for accuracy, legality, or non-infringement, and we are not responsible for anySocial Network Content. You acknowledge and agree that we may access your emailaddress book associated with a Third-Party Account and your contacts list stored onyour mobile device or tablet computer solely for purposes of identifying and informingyou of those contacts who have also registered to use the Site. You can deactivatethe connection between the Site and your Third-Party Account by contacting us usingthe contact information below or through your account settings (if applicable). We willattempt to delete any information stored on our servers that was obtained throughsuch Third-Party Account, except the username and profile picture that becomeassociated with your account.

10. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site ("Submissions") provided by you tous are non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled to the unrestricteduse and dissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in your Submissions.

11. THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) 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 itemsbelonging to or originating from third parties ("Third-Party Content"). Such Third-PartyWebsites and Third-Party Content are not investigated, monitored, or checked foraccuracy, appropriateness, or completeness by us, and we are not responsible forany Third-Party Websites accessed through the Site or any Third-Party Contentposted on, available through, or installed from the Site, including the content,accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of orcontained in the Third-Party Websites or the Third-Party Content. Inclusion of, linkingto, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leavethe Site and access the Third-Party Websites or to use or install any Third-PartyContent, you do so at your own risk, and you should be aware these Terms of Use nolonger govern. You should review the applicable terms and policies, including privacyand data gathering practices, of any website to which you navigate from the Site orrelating to any applications you use or install from the Site. Any purchases you makethrough Third-Party Websites will be through other websites and from othercompanies, and we take no responsibility whatsoever in relation to such purchaseswhich are exclusively between you and the applicable third party. You agree andacknowledge that we do not endorse the products or services offered on Third-PartyWebsites and you shall hold us harmless from any harm caused by your purchase ofsuch products or services. Additionally, you shall hold us harmless from any lossessustained by you or harm caused to you relating to or resulting in any way from anyThird-Party Content or any contact with Third-Party Websites.

12. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations ofthese Terms of Use; (2) take appropriate legal action against anyone who, in our solediscretion, violates the law or these Terms of Use, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from the Site orotherwise disable all files and content that are excessive in size or are in any wayburdensome to our systems; and (5) otherwise manage the Site in a mannerdesigned to protect our rights and property and to facilitate the proper functioning ofthe Site.

13. PRIVACY POLICY

We care about data privacy and security. Please review our PrivacyPolicy: https://amyablestudios.com/privacy-policy . By using the Site, you agree tobe bound by our Privacy Policy, which is incorporated into these Terms of Use.Please be advised the Site is hosted in India. If you access the Site from any otherregion of the world with laws or other requirements governing personal datacollection, use, or disclosure that differ from applicable laws in India, then throughyour continued use of the Site, you are transferring your data to India, and you agreeto have your data transferred to and processed in India.

14. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any materialavailable on or through the Site infringes upon any copyright you own or control,please immediately notify us using the contact information provided below (a“Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant toapplicable law you may be held liable for damages if you make materialmisrepresentations in a Notification. Thus, if you are not sure that material located onor linked to by the Site infringes your copyright, you should consider first contactingan attorney.

15. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMSOF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNTAND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Site. We also reserve the right to modifyor discontinue all or part of the Site without notice at any time. We will not be liable toyou or any third party for any modification, price change, suspension, ordiscontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theSite, resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the Site at any time or forany reason without notice to you. You agree that we have no liability whatsoever forany loss, damage, or inconvenience caused by your inability to access or use theSite during any downtime or discontinuance of the Site. Nothing in these Terms ofUse will be construed to obligate us to maintain and support the Site or to supply anycorrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Terms shall be governed by and defined following the laws of India. Amyable Studios and yourself irrevocably consent that the courts of India shall have exclusivejurisdiction to resolve any dispute which may arise in connection with these terms.

18.DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claimrelated to these Terms of Use (each "Dispute" and collectively, the “Disputes”)brought by either you or us (individually, a “Party” and collectively, the “Parties”), theParties agree to first attempt to negotiate any Dispute (except those Disputesexpressly provided below) informally for at least thirty (30)days before initiatingarbitration. Such informal negotiations commence upon written notice from one Partyto the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any questionregarding its existence, validity, or termination, shall be referred to and finallyresolved by the International Commercial Arbitration Court under the EuropeanArbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rulesof this ICAC, which, as a result of referring to it, is considered as the part of thisclause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration shall be Mumbai,India. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of India.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to utilize class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations and binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.

19. CORRECTIONS

There may be information on the Site that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Site at any time, withoutprior notice.

20. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREETHAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLERISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE ANDYOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITEAND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJANHORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANYCONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOTWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTYTHROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE 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, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, and employees, fromand against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of: (1)your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) anybreach of your representations and warranties set forth in these Terms of Use; (5)your violation of the rights of a third party, including but not limited to intellectualproperty rights; or (6) any overt harmful act toward any other user of the Site withwhom you connected via the Site. Notwithstanding the foregoing, we reserve theright, at your expense, to assume the exclusive defense and control of any matter forwhich you are required to indemnify us, and you agree to cooperate, at yourexpense, with our defense of such claims. We will use reasonable efforts to notifyyou of any such claim, action, or proceeding which is subject to this indemnificationupon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Site for the purpose ofmanaging the performance of the Site, as well as data relating to your use of the Site.Although we perform regular routine backups of data, you are solely responsible forall data that you transmit or that relates to any activity you have undertaken using theSite. You agree that we shall have no liability to you for any loss or corruption of anysuch data, and you hereby waive any right of action against us arising from any suchloss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provide toyou electronically, via email and on the Site, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an original signature ordelivery or retention of non-electronic records, or to payments or the granting ofcredits by any means other than electronic means.

25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or inrespect to the Site constitute the entire agreement and understanding between youand us. Our failure to exercise or enforce any right or provision of these Terms of Useshall not operate as a waiver of such right or provision. These Terms of Use operateto the fullest extent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable for any loss,damage, delay, or failure to act caused by any cause beyond our reasonable control.If any provision or part of a provision of these Terms of Use is determined to beunlawful, void, or unenforceable, that provision or part of the provision is deemedseverable from these Terms of Use and does not affect the validity and enforceabilityof any remaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Terms of Use oruse of the Site. You agree that these Terms of Use will not be construed against usby virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing bythe parties hereto to execute these Terms of Use.

27. CONTACT US

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

Amyable Studios
B106, Maharahi CHS, Plot no 62, Sector:17, Vashi
Navi Mumbai, Maharashtra 400703
India
Phone:(+91)8369224622
hello@amyablestudios.com

These terms of use were created using Termly's Terms and Conditions Generator.