These Terms of Service (“Terms”) govern your access and use of Coloraxy app (“Services” or “Coloraxy”) of Nideras Inc. (the “Company”, “we”, “us” or “our”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on Coloraxy referencing these Terms. You may not use Coloraxy unless you agree to them, so please read carefully. Before using Coloraxy, you are required to read, understand and agree to these terms. You may only access Coloraxy after reading and accepting these Terms of Service.

Consent to the Terms of Service

You may use the Service only in accordance with the provisions of the Terms of Service. You may not use the Service unless they validly and irrevocably consent to the Terms of Service.

By consenting to the Terms of Service, you represent and warrants that you are of the legal age of majority in the jurisdiction in which the User resides. Notwithstanding the foregoing, if a minor between the ages of 13 and the legal age of majority wishes to use the Service, the parent or legal guardian of the minor may allow the minor to use the Service solely under their supervision and only in accordance with the Terms of Service. In such case, the parent or legal guardian is liable for any acts committed by the minor. If you use the Service on behalf of, or for the purposes of, a business enterprise, then that business enterprise shall also be deemed to have consented to the Terms of Service.

By actually using the Service, you are deemed to have validly and irrevocably consented to the Terms of Service.

If there are Separate Terms of Service, you shall also comply with the provisions of the Separate Terms of Service as well as the Terms of Service.

Grant of License
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.

We call Story submissions that are set to be viewable by Everyone as well as content you submit to crowd-sourced Services, including Our Story, “Public Content.” For all content you submit to the Services other than Public Content, you grant Nideras Inc. and our affiliates a worldwide, royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

The Services may contain advertisements. In consideration for Nideras Inc., letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.

With respect to your use of Coloraxy, you grant Nideras Inc., perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, distribute, promote, exhibit, broadcast, syndicate, publicly perform, and distribute (a) any actual or simulated likeness, image, voice, name, poses, or other personal characteristics (collectively, your “Likeness”) embodied in a Coloraxy Avatar or the Coloraxy Services, and (b) any materials you create using the Coloraxy Services, as well as the right to create and use derivative works from those materials, in any and all media or distribution methods (now known or later developed). This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This means, among other things, that you will not be entitled to any compensation from Nideras Inc., our affiliates, or our business partners if your name, likeness, or voice is conveyed through or in connection with Coloraxy, either on the Coloraxy application or on one of our business partner’s platforms.

Prohibited Activities

You agree to refrain from behave in following manner along with restrictions included in this Terms of Service. Otherwise explicitly allowed by in this Terms of Service, using Coloraxy contents and services without prior agreement from Nideras Inc. is strictly prohibited and if there are such cases, the rights to use the license which was given from this Terms of Service terminates.

Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or terms of any third party which govern a particular Service;
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Compromise the security of the Services;
Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
Reverse engineer any aspect of the Services or do anything that might lead to the discovery of source code or bypass or circumvent measures applied to prevent or limit access to any area, content, or code of the Services;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content-filtering techniques we apply, or attempt to access areas or features of the Services that you are not authorized to access;
Downloading (other than page caching) any portion of the Services, Coloraxy Content, or any information contained therein, except as expressly permitted on the Services;
Accessing the Coloraxy API with an unauthorized or third-party client;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
Engage in any harassing, intimidating, predatory conduct, or stalking;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Violate publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving their consent;
Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Develop any third-party applications which interact with User Content or the Services without our prior written consent; and
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

Copyright Policy

If your content contains information which violates applicable laws such as the Information and Communications Network Act and Copyright Act, you may request suspension or deletion of relevant "post" in accordance with procedures determined by applicable law, and the Company will take measures in accordance with applicable law.

We may take provisional measures against the contents in accordance with related law if there is a reason for recognition of an infringement of rights or if there is a violation of another company’s policies and related laws, even without the request by right holder pursuant to the preceding paragraph, and without any liability. In appropriate circumstances, the Company will also terminate user’s account if the user is determined to infringe repeatedly.

Detailed procedures under this Article will be subject to request of posting suspension service provided by the Company within the scope of "Information and Communications Network Act" and "Copyright Act".

Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Nideras Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

Termination
You can stop using our Services at any time.

We may add, modify, or remove features or functionalities, and we may temporarily or permanently suspend or stop the Service. We may also add or create new limits to our Services at any time.

In addition, termination of your account does not free you from any obligations of payment.

If the Service is terminated or discontinued, then we will make reasonable effort to notify you and provide an opportunity to retrieve your content.

Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DOUBLE TROUBLE CREATIVES, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL

BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

Limitation of Liabilities

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Nideras INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSS AND CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT OF FIFTY US DOLLARS ($50.00).

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Coloraxy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

General Terms

Severability: Even if a court finds any section of the Terms invalid or unenforceable, the rest of the Terms still apply.

No Waiver: Even if we do not enforce (or we delay enforcement) of the Terms against you, we have not waived our enforcement rights.

Assignment or Transfer: You cannot assign or transfer your rights or obligations under this agreement to someone else without the Company’s written permission. We can transfer our rights and obligations to you without your permission unless we are acquired by or merge with another company, sell one of the Services, or otherwise.

Complete Agreement. These Terms are an entire, exclusive agreement between the Company and you regarding the Services, and these Terms supersede and replace any prior agreements between the Company and you regarding the Services. We may revise these Terms from time to time. If the revision in our sole discretion is material, we will notify you via banner notice across its page or other provided appropriate means. By continuing to access or use the Services after those revisions become effective, you agree to be bound by revised Terms.

Jurisdiction

The Terms of Service will be governed by and construed in accordance with the laws of United States. You expressly agree that the courts in the United States have exclusive jurisdiction over any claim or dispute with us or relating in any way to your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.

Paid Services
Certain products or services offered on or through the Service may be provided for a fee or other charge. If you select to purchase products or services on or through the Service, or to use paid aspects of the Service, you agree to the applicable pricing and payment terms, as we may update them from time to time. Coloraxy may add new products and services for additional fees and charges, or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees will apply solely on a forward-looking basis beginning on your next billing period. The subscription fee will be billed at the beginning of the paying portion of your subscription and at regular intervals thereafter equal to the length of your subscription unless and until you cancel your subscription. Subscription fees are earned upon payment. We reserve the right to change the timing of our billing, including but not limited to if your payment method has been rejected or is otherwise not successfully settled. Your renewal date may change due to changes in your subscription.

YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES HAVE BEEN INCREASED.

Certain subscription offerings may offer a free trial prior to charging your payment method, the period of which will be communicated to you via the Service. If you decide to unsubscribe from such a subscription before Coloraxy starts charging your payment method, you must cancel the subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the subscription period.

Contact Us

If you have any questions regarding the Terms, please contact us by e-mail at nideras.studio@gmail.com.