Terms of Service

Welcome to Lyk Stage!


1. Introduction

Thank you for using the Lyk Stage platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).


i. Service Provider

The entity providing the service is located and contacted at 913 N. Market Street, Suite 300, Wilmington, DE 19801.


ii. Our Service and applicable terms

The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe and acts as a distribution platform for original content creators and advertisers large and small.
Please read the Terms and conditions given below carefully. By using Lyk Stage or signing up for an account, you are agreeing to the below mentioned terms. These Terms (the “User Terms” or “Agreement”) is a legally binding agreement between you (the “User,” “you,” “your”) and LYK Inc. (“Lyk,” “we,” “us,” “our”). The User acknowledges and agrees that their use of the Website shall be governed by these User Terms and the User shall strictly adhere to the same.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.


2. Who may use the Service?


i. Eligibility


In order to use the Service, you must:


  • a) be at least eighteen (18) years old and able to enter into contracts;
  • b) complete the registration process;
  • c) agree to these Terms;
  • d) provide true, complete, and up-to-date contact and billing information

Further you must comply with the following –


  • a) If you are using the services on behalf of a company or organization, by agreeing to the terms, you are confirming that you have the authority and permission to act on behalf of the company or organization on our platform.
  • b) You will not provide any false personal information on LYKSTAGE or create an account for anyone other than yourself without permission.
  • c) You will not create more than one personal account.
  • d) If we disable your account, you will not create another one without our permission.
  • e) You will not use LYKSTAGE if you are a convicted sex offender.
  • f) You will keep your contact information accurate and up-to-date.
  • g) You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account

By using the Service, you expressly state that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by expressly stating, you are making a legally enforceable statement.


Lyk Stage may refuse service, close accounts of any users, and change eligibility requirements at any time.


3. Content and conduct


i. Content on the Service


The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Content may be provided to the Service and distributed by our users and Lyk Stage is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service.


ii. Uploading Content


If you have a channel on our platform, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.


iii. Rights you grant


You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Lyk and other users of the Service, as described below.


iv. Licence to Lyk Stage


By providing Content to the Service, you grant to Lyk a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including reproducing, distributing, modifying, displaying and performing it) for the purpose of operating, promoting, and improving the Service.


v. Licence to other users<


You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including reproducing, distributing, modifying, displaying, and performing it) only as enabled by a feature of the Service.


vi. Duration of Licence


The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require Lyk Stage to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.


vii. Removing your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.


viii. Removal of Content by LYKSTAGE

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to LYK, our users, or third parties, we may remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for LYKSTAGE or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, LYKSTAGE or our Affiliates. Please see Section 7(iii) below for more information regarding copyrights and takedown of Content.


ix. Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use.


The following restrictions apply to your use of the Service. You are not allowed to:


  • a. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service; (b) with prior written permission from Lyk Stage and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
  • b. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
  • c. access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines, in accordance with Lyk Stage’s robots.txt file; (b) with LYKSTAGE’s prior written permission; or (c) as permitted by applicable law;
  • d. collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person or allowed under section 3 above;
  • e. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
  • f. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;
  • g. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  • h. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
  • i. use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on Lyk Stage policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where LYKSTAGE videos are the only content of value).

X. Modification

LYKSTAGE is constantly changing and improving the Service. LYKSTAGE reserves the right to change, alter, modify, discontinue a service, product or feature as and when LYKSTAGE deems fit. LYKSTAGE also reserves the right to change, alter or modify this Agreement at any time when Lyk deems fit and reasonable. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email or comparable means within a reasonable time period. We will also post the modified version on this page. Your continued use of the LYKSTAGE Website and the Services shall constitute your consent to such changes.


4. Use of the Service


i. Term


When you sign up for the Service and agree to these Terms, the Agreement between you and Lyk Stage is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Lyk Stage account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username and clicking the “Get Started” button means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on behalf of the company or other entity.


ii. Privacy

Your Privacy is important to us. Please read our Privacy Policy at https://www.lykstage.com/User/privacypolicy which describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, and/or other countries for storage, processing and use by LYK and its affiliates.


iii. Accessing the Services

If you agree to the User Terms, we grant you a limited, personal, non-exclusive, revocable, and non-sublicensable access to our Services that is available over the Website and/or the App, which may be downloaded from the Android (Google Play Store) and Apple (iTunes Store).
If you access the Services via our App, we grant you a limited, non-exclusive, revocable, non-exclusive, non-sublicensable, and non-transferable license to: (a) download, install, and use the App for your use in accordance with these User Terms on a single mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with this Agreement, and (b) to access, stream, download and use on such Mobile Device content and Services made available in or otherwise accessible through the App, strictly in accordance with this Agreement.
When accessing our Services, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs and other fees that might apply. We grant you a limited, revocable, non-exclusive, non-transferable license to access our Website and our Platform and use the Services or the information solely for their intended purpose strictly in accordance with this Agreement and not to modify all or any portion of the Website, and/or Services.
YOU AGREE THAT LYK IS NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR USE OF OUR WEBSITE OR THE SERVICES. LYK PROVIDES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO LYK FOR THE ABILITY TO ACCESS THIS WEBSITE AND/OR THE SERVICES.


iv. Service Restrictions

You agree that the Services, including but not limited to the Website, the App, graphics, trademarks, and editorial content, contain proprietary content, information and material, are owned by LYKSTAGE and/or its licensors, including our customers, brands and agencies, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of the Services or in any manner that is inconsistent with the terms of this User Terms.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever.


v. Reservation of Rights

You acknowledge and agree that the Website and the Services are provided under license, and not sold, to you. Except to the extent necessary to access and use the Website and the Services, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to the Website and the Services whether expressly, by implication, estoppel or otherwise. LYKSTAGE and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Website and the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.


vi. Sharing your Content and Information

You acknowledge and agree that you either own or have permission to use all of the Content you submit to us in the course of using the Service. You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms and our Privacy Policy. In addition:


  • i. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with LYKSTAGE(IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. If anyone brings a claim against LYKSTAGE related to your actions, content or information on the LYKSTAGE Website, you will indemnify and hold LYKSTAGE harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  • ii. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  • iii. To use the Services, you need to establish an account by signing up through our App or our Website (the “Account“). You agree to provide accurate, current and complete information about yourself. Registration data and other information about you and this Agreement are governed by our Privacy Policy. You are responsible for keeping your password secret and secure. You must immediately notify us of any unauthorized use of your password, account or any other breach of security of which you become aware. Once you create an Account you will be able to customize your profile (“User Profile“).

YOU ARE REQUESTED NOT TO SIGN UP FOR AN ACCOUNT IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. SIGNING UP AN ACCOUNT WITH US MEANS YOU AGREE TO TO BE BOUND BY AND COMPLY WITH THESE TERMS.


vii. Agree and Acknowledge


You agree and acknowledge that -


  • i. you have the full power and authority to enter into this Agreement, and neither this Agreement nor your activity hereunder conflicts with any obligation on your part; and
  • ii. all information submitted by you and all statements made by you will comply with all applicable laws and is accurate.

viii. Communications


By creating an account with us, you agree to receive communications from us including e-mails, messages, texts, calls, notifications, etc. You may unsubscribe from our mailing list, but even after unsubscribing from the mailing list, you will still continue to receive notification emails related to security, password reminders, connection activities, engagements, and other LYKSTAGE updates.


5. General Rules –


We do our best to keep our online platform safe, however we cannot guarantee it. In order to keep our online platform safe, we need you, as the User to comply with the below rules –


  • i. You will not post unauthorized commercial communications (such as spam) on LYKSTAGE.
  • ii. You will not collect users' content or information, or otherwise access LYKSTAGE, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  • iii. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on LYKSTAGE.
  • iv. You will not upload viruses or other malicious code (such as worms or Trojan horses).
  • v. You will not upload any misleading information or manipulated data or media
  • vi. You will not engage or encourage any type of abuse in live steam or other contents
  • vii. You will not distribute hacked materials
  • viii. You will not upload or give any links to pornography, websites or apps that install malware, websites used for phishing details, websites giving unauthorized access to contents, websites linked to terrorist organizations and sites containing Child sexual Abuse Imagery.
  • ix. You will not solicit login information or access an account belonging to someone else.
  • x. You will not bully, intimidate, or harass any other User.
  • xi. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • xii. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  • xiii. You will not use Lyk to do anything unlawful, misleading, malicious, or discriminatory.
  • xiv. You will not upload any content that targets and attacks people based on their race, ethnicity, religious affiliation, sexual orientation, gender, and disability is considered hateful speech and is prohibited on LYKSTAGE.
  • xv. You will not do anything that could disable, overburden, or impair the proper working or appearance of LYKSTAGE, such as a denial of service attack or interference with page rendering or other LYKSTAGE functionality.
  • xvi. You will not impersonate any person or entity, or falsely state or otherwise misrepresent or fail to represent your affiliation with a person or entity.
  • xvii. You will not facilitate or encourage any violations of these User Terms or any of LYKSTAGE’s other policies.
  • xviii. After unsubscribing from the mailing list, you will still continue to receive notification emails related to security, password reminders, connection activities, engagements, and other Lyk updates.

If any content posted is found relatable to either of the categories above it will be subject to removal from our online platform.


6. Guidelines/Policies for Uploading Content


You are requested to follow the below mentioned guidelines/policies while uploading any content –


I. Deceptive Practices


a) Impersonation


Any content that is uploaded with the intention to impersonate a person or an entity is not allowed on lyk. Even if the Content is not 100% identical, as long as the intent is clear to copy another person or entity, the content will be removed from LYKSTAGE,


Examples

  • Content created using someone else’s real name, user name, image, logo or any other personal information to trick people into believing that the content is uploaded by that person
  • Setting up an account and uploading videos while pretending to be someone else
  • Account impersonating an existing media channel

Please note that these are just some examples and not a complete list. LYKSTAGE will remove any content that it reasonably believes to impersonate any person or entity.


b) Links/ playlists/thumbnails mentioned in the contents


You are not allowed to upload any content that provides links/ playlists/ thumbnails to the following –


  • i. content to pornography
  • ii. content to websites or apps that install malware
  • iii. content to websites or apps used for phishing information
  • iv. content to websites or apps that give unauthorized free access to content
  • v. content to websites that raise funds to criminal or terrorist organizations
  • iv. content to websites containing Child Sexual Abuse Imagery

Please note that this is not a complete list. LYKSTAGE will remove any content that it reasonably believes to go against this policy.


c) Other deceptive practices


You are not requested to upload any content that follows the below mentioned guidelines –


  • i. Any type of spam that promises a particular content but takes the viewers to another site
  • ii. Spam that takes the viewers to sites that spread malware
  • iii. Content that provides data or description that misleads information
  • iv. Content that has been technically manipulated or doctored in a way that it misleads the viewers
  • v. Content that scams the viewers or encourages any type of scam like pyramid schemes or “get rich quick” scheme
  • vi. Content that mentions playlists should not violate any of the mentioned policies like playlists that are pornographic, etc
  • vii. Content should not carry any misleading playlists or that depict physical, sexual, or emotional mistreatment of minors
  • viii.Content should not encourage others to violate our terms of service

Please note that this is not a complete list. LYKSTAGE will remove any content that it reasonably believes to go against this policy.


d)Inactive Account


Users are expected to be active in the online platform of LYKSTAGE. If an account is found inactive, then LYKSTAGE will reclaim the account without notice. Inactivity will be considered as –


  • i. Not logging in for atleast six months
  • ii. Never uploaded any content
  • iii. Not actively watching videos or commenting

II. Sensitive Content


a)Child safety


We try to keep the online platform of LYKSTAGE as safe as possible. We do not support any type of content that endangers the emotional or physical well-being of a minor and to keep that possible, Users are not allowed to upload any content mentioned below –


  • i.Content that sexualises minors
  • ii.Content that involve harming physically or emotionally a minor
  • iii.Content showing and encouraging a minor in a dangerous situation
  • iv.Content that targets minors but tricks them to show sexual themes, violence, vulgar languages or any other adult themes that are not usually shown to minors
  • v.Content that engages and encourages cyber bullying and harassment of minor

Please note that this is not a complete list. LYKSTAGE will remove any content that it reasonably believes to go against this policy.


b)Nudity and sexual content


Users are requested not to upload any content that has the following –


  • i.Depiction of genitals, breasts or buttocks (clothed or unclothed) for the purpose of sexual gratification
  • ii.Pornography or depicting sexual acts, genitals, or fetishes for the purpose of sexual gratification on any surface (such as video, text, audio, images)
  • iii.Masturbation, fondling, or groping
  • iv.Masturbation or fondling of genitals, breasts, or buttocks
  • v.Using or displaying sex toys to provide viewers with sexual gratification
  • vi.Animated or illustrated pornography, sex acts, or fetish content
  • vii.Nudity or partial nudity for the purpose of sexual gratification
  • viii.Bestiality or promotion of bestiality
  • ix.Incest or promotion of incest
  • x.Non-consensual sex acts or unwanted sexualization
  • xi.Celebrity wardrobe accidents or nude photo leaks
  • xii.Violent, graphic, or humiliating fetish content where the purpose is sexual gratification
  • xiii.Aggregating content for the purpose of sexual gratification
  • xiv.Any sexual content involving minor

Please note that this is not a complete list. LYKSTAGE will remove any content that it reasonably believes to go against this policy.


c)Suicide and self-Injury


Lyk believes in the importance of mental health. LYKSTAGE takes the health and well-being of every individual seriously and aim to make lyk a safe place for all its users and viewers. Users are not allowed to upload the following types of content –


  • i.Promoting or glorifying suicide
  • ii.Providing instructions on how to self-harm or die by suicide
  • iii.Graphic images of self-harm posted to shock or disgust viewers

Please note that this is not a complete list. LYKSTAGE will remove any content that it reasonably believes to go against this policy.


III. Violent or dangerous content


Users are not allowed to upload content that involves the following –


  • i.Content that has racist insults or insults to other groups, physical attributes or the status of people as a survivor of child abuse, sexual abuse, etc
  • ii.Content upload with an intent to shame or insult a minor
  • iii.Content that shows and encourages extremely dangerous challenges that pose as risk to the physical health
  • iv.Content that are dangerous or threatening pranks
  • v.Content that instigates to kill, use drugs, any other harmful materials, showing dangerous remedies or cures, etc
  • vi.Content that shows and instigates violence, theft, cheating, hacking
  • vii.Content that promotes hatred against individuals or groups based on age, caste, disability, gender, race, immigration status, religion, victim of any event, nationality, ethnicity, etc
  • viii.Content produced by violent criminal or terrorist organizations
  • ix.Content praising or memorializing prominent terrorist or criminal figures in order to encourage others to carry out acts of violence
  • x.Content praising or justifying violent acts carried out by violent criminal or terrorist organizations
  • xi.Content aimed at recruiting new members to violent criminal or terrorist organizations
  • xii.Content depicting hostages or posted with the intent to solicit, threaten, or intimidate on behalf of a violent criminal or terrorist organization
  • xiii.Content that depicts the insignia, logos, or symbols of violent criminal or terrorist organizations in order to praise or promote them
  • xiv.Content showing fights involving minors
  • xv.Content showing footage, audio, or imagery involving road accidents, natural disasters, war aftermath, terrorist attack aftermath, street fights, physical attacks, sexual assaults, immolation, torture, corpses, protests or riots, robberies, medical procedures, or other such scenarios with the intent to shock or disgust viewers
  • xvi.Content showing footage or imagery showing bodily fluids, such as blood or vomit, with the intent to shock or disgust viewers.
  • xvii.Content where there is infliction of unnecessary suffering or harm deliberately causing an animal distress.
  • xviii.Content where animals are encouraged or coerced to fight by humans
  • xix.Dramatized or fictional footage of anything listed above where the viewer is not provided with enough context to determine that the footage is dramatized or fictional
  • xx.Footage of corpses with massive injuries, such as severed limbs

Please note that this is not a complete list. LYKSTAGE will remove any content that it reasonably believes to go against this policy.


IVRegulated goods


Users are not allowed to post content mentioned below –


  • i.Content that shows or promotes the selling of firearms, accessories to firearms, etc
  • ii.Content providing information on how to use firearms or any other violent and dangerous arms
  • iii.Content that engages and encourages the sale of Alcohol, counterfeit products, narcotics, explosives, organs, endangered species of plants or animals or their parts, sex, human smuggling, gambling, etc.

Please note that this is not a complete list. LYKSTAGE will remove any content that it reasonably believes to go against this policy.


7. Other legal guidelines


i. Copyright

Users are requested to upload content(s) that they have made or are authorized to use. You are requested not to upload content(s) that you didn't make, or use content in their videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programmes or videos made by other users, without necessary authorisations. If a complaint is made against any content(s) for breach of copyright then we may remove the content(s).
Fair use is a US law that allows the reuse of copyright-protected material under certain circumstances without getting permission from the copyright owner. However, fair use is determined on a case-by-case basis, and different countries have different rules about when it's acceptable to use material without the copyright owner's permission. In the US, works of commentary, criticism, research, teaching or news reporting might be considered fair use, but it can depend on the situation. LYKSTAGE will remove any content that it reasonably believes has not taken any legal authorization from its creator or not falls under the fair use rule.
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on LYKSTAGE infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on LYKSTAGE that is claimed to have infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on LYKSTAGE; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent are or is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to 913 N. Market Street, Suite 300, Wilmington, DE 19801, Attn: info@lykstage.com . There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
If you believe that any comments, links, text or information submitted by you on LYKSTAGE (“User Content”) that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the info@lykstage.com at the address and/or email set forth above: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Central District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, LYKSTAGE will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or User, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, LYKSTAGE has adopted a policy of terminating, in appropriate circumstances and at LYKSTAGE’s sole discretion, access to LYKSTAGE for Users who are deemed to be repeat infringers. LYKSTAGE may also at its sole discretion limit access to LYKSTAGE and/or terminate the registrations of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


ii. Indemnification


v. You, on behalf of yourself, and (if applicable) your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge and hold harmless and its officers, directors, employees, consultants, agents, successors and assigns, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the website, or the services (ii) your use of the services, including, without limitation, for bodily injury, wrongful death, emotional distress, or other damages or harm, whether to you or to third parties, which may result from the use of the website or the services, (iii) violation of these terms, including, without limitation, your breach of any of the representations and warranties contained herein and for bodily injury, wrongful death, emotional distress, loss of services or other damages or harm, whether to you or to third parties, which may result from your use of the services, (iv) Content you submit to the Service (v) claims, or any decision by a court, arbitrator, or government agency, that LYKSTAGE is obligated to pay any withholding taxes, social security, unemployment or disability insurance or similar items in connection with any payment received by you under the terms, (vi) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights, (vii) your violation of any applicable law, rule or regulation, (viii) your willful misconduct, or (ix) any other party's access and use of the service with your unique username, password or other appropriate security code. Disclaimer of Warranties
Your access to our Services and use of the Services or any content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS'' and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law. LYKSTAGE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LYKSTAGEmakes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from LYKSTAGE or through the Services, will create any warranty or representation not expressly made herein.


iii. Limitation of liability


To the maximum extent permitted by applicable law, LYKSTAGE shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content.
You and (if applicable) your personal representative, knowingly and freely assume all risk when accessing the services and the website.


iv. Termination


You or LYKSTAGE may terminate the Agreement at any time and for any reason by terminating your LYKSTAGE account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.


v. Relationship of Parties


The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, agent/servant. The User has no power or authority to bind LYKSTAGE to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of LYKSTAGE.


vi. Severability

If a situation arises where it is found out that a section of these Terms are not enforceable, then that section will be removed or edited as required and as LYKSTAGE deems fit and reasonable, while the rest of the Agreement will still be valid.


vii. Interpretation

Please note that the headers and sidebar text are provided only to make these Terms easier to read and understand for everyone. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.


viii. Governing Law

Any dispute related to the Agreement or the Service of LYKSTAGE itself will be decided by the state and federal courts in New York, NY, USA, and each party will be subject to the jurisdiction of those courts.


ix. Notices

A notice to you will be considered to be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, LYK Inc 913 N. Market Street, Suite 300, Wilmington, DE 19801, or any addresses as we may later post on the Website. Congratulations! You’ve reached the end. Thanks for taking the time to learn about LYKSTAGE’s Terms of Service. Effective as of Jan’2021.