Terms of Use
1. Introduction.
These Terms And Conditions (these “Terms” or these “Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within it (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Terms And Conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms And Conditions.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, Izakaya and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. Restrictions.
You are expressly and emphatically restricted from all of the following:
selling, sublicensing and/or otherwise commercializing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extraction or any other similar activity in relation to this Website, or while using this Website;
Certain areas of this Website are restricted from access by you and Izakaya may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content.
In these Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Izakaya a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Izakaya reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties.
This Website is provided “as is,” with all faults, and Izakaya makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing advice or consultation to you.
6. Limitation of liability.
In no event shall Izakaya, including its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification.
You hereby indemnify Izakaya to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Consent to communication:
You grant your explicit consent to Izakaya’s use of your information for the purpose of provision of any information and sending messages and notifications in regard to our contractual relations, including for marketing purposes.
9. Severability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Variation of Terms.
Izakaya is permitted to revise these Terms at any time at its discretion, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all Terms And Conditions governing use of this Website.
11. Assignment.
Izakaya shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without prior notice or consent. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
12. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Izakaya and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
13. Governing Law & Jurisdiction.
These Terms will be governed exclusively by the substantive law of the Cayman Islands. Any dispute arising out of or in connection with these Terms, unless amicably settled between the Parties, shall be referred to the competent court of the Cayman Islands, in accordance with its procedural law. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Izakaya.