TERMS AND CONDITIONS

This Terms and Conditions (hereinafter to be referred to as “Agreement”) shall be into effect from_______ (“Effective Date”) and shall apply to all the users of the LYKSTAGE Platform who click on “I Agree” below.
This website is in the sole control of LYK Inc, Delaware, USA, registered under the Delaware General Corporation Law, and having its registered office at 913 N. Market Street, Suite 300, Wilmington, DE 19801. (Hereinafter referred to as “Company” which expression shall include its successors and permitted assigns).
DEFINITION & INTERPRETATION
The terms used in this Agreement shall be interpreted according to the meaning stated herein. If any of the terms is not defined explicitly here, the meaning mentioned in a dictionary shall be taken into consideration. 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.
- 1. Advertisements shall include without limitation any promotional activity displayed on the Platform through the process described hereunder in this Agreement.
- 2. Applicable Laws shall mean and include all the relevant laws of the land where the Services are availed specifically related to but not limited to advertisement laws, privacy and data transmission laws, monetization laws, etc.
- 3. Branded Content shall include without limitation paid product placements, endorsements, and sponsorships that may be displayed in the Content uploaded by the Users.
- 4. Content is defined Clause 6.
- 5. Platform shall refer to the website of LYKSTAGE (https://www.lykstage.com) and any related mobile application where the Services are offered by the Company.
- 6. Services shall include showcasing videos about different genres, allowing the Users to post or upload videos on the Platform, allowing them to react on the videos posted, through likes, comments and letting them share such videos on various other platforms, providing advertisement services, and any other services offered to the Users in the future.
- 7. User/s is the individual or an entity that visits this Platform in order to use the Services.
DISCLAIMER
Please read this disclaimer carefully before using the LYKSTAGE website and platform. By accessing and using the website and platform, the User expressly agrees to be bound by the Terms and Conditions. If the User does not agree with any part of these Terms and Conditions, the User may refrain from using the services.
1. Voluntary Use of Platform:
The use of the website and Platform is entirely voluntary. The User acknowledges that they are accessing and using the services at their own wish and discretion.
2. User Consent to Terms and Conditions:
By accessing and using the website and Platform, the User expressly consents to our Terms and Conditions. This consent is a legally binding agreement between the User and LYKSTAGE, and it governs the use of services.
3. Changes to Terms and Conditions:
The Platform reserves the right to modify, update, or change the Terms and Conditions at any time without any prior notice to users. It is the User responsibility to review the latest Terms and Conditions regularly to stay informed about any changes.
4. User Responsibility for Updated T&Cs:
It is User’s responsibility to keep themselves updated with the latest Terms and Conditions. The continued use of the website and Platform after any modifications to the T&Cs constitutes acceptance of the revised Terms and Conditions.
5. Discontinuation of Use:
If the User does not agree with any updated Terms and Conditions, they have the option to discontinue using the website and Platform. If they continue to use the services after any changes to the Terms and Conditions, it indicates their acceptance of the revised terms.
6. Legal Effect of Agreement:
The User’s consent to the Terms and Conditions creates a legally binding agreement between the User and LYKSTAGE. If they are using our Platform on behalf of an organization or entity, they represent that they have the authority to bind that organization or entity to the Terms and Conditions.
7. No Waiver of Rights:
The failure of LYKSTAGE to enforce any provision of the Terms and Conditions does not constitute a waiver of such provision or any other provision.
8. Severability:
If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions of the Terms and Conditions shall remain in full force and effect.
9. Conclusion:
By using the website and Platform, the User agrees to the above disclaimer and the terms set forth in the following Terms and Conditions. If the User has any questions or concerns regarding the services or the disclaimer, please feel free to contact the Platform’s Team at [Contact Email Address]. Thank you for using LYKSTAGE.
COMMUNITY GUIDELINES
The Platform is committed to fostering a safe and positive environment for all the users. To ensure a respectful and enjoyable experience for everyone, there is an established Community Guidelines. By using the Platform, the User agrees to abide by these guidelines and contribute to a vibrant and inclusive community.
1. Respectful Conduct:
- 1.1 Treat all users with respect, kindness, and empathy.
- 1.2 Avoid engaging in personal attacks, harassment, or any form of bullying.
- 1.3 Refrain from using hate speech, discriminatory language, or content that promotes violence or harm to others.
2. Intellectual Property and Copyright:
- 2.1 Do not post or share content that infringes upon someone else's intellectual property rights, including copyrights, trademarks, and patents.
- 2.2 Respect the copyrights and intellectual property of others, and only upload content that you own or have the right to share.
3. Prohibited Content:
The following content is strictly prohibited on the Platform:
- 3.1 Adult or sexually explicit material.
- 3.2 Content that promotes or glorifies illegal activities, violence, self-harm, or suicide.
- 3.3 Misinformation or content that may cause harm, fear, or confusion to users.
- 3.4 Graphic or gratuitously violent content.
- 3.5 Content that invades privacy or reveals sensitive personal information of others without consent.
- 3.6 Content that promotes or supports terrorism, hate groups, or extremist ideologies.
4. Privacy and Safety:
- 4.1 Respect the privacy of others and refrain from sharing personal information about individuals, including contact details and private addresses.
- 4.2 Do not engage in activities that may harm the security or integrity of the Platform or its users.
5. Impersonation and Misrepresentation:
- 5.1 Do not impersonate others or create accounts with the intent to deceive or mislead.
- 5.2 Provide accurate information when creating an account or profile.
6. Spam and Misleading Content:
- 6.1 Do not engage in spamming or use the Platform to distribute misleading or deceptive content.
7. Reporting and Enforcement:
- 7.1 If the User comes across content that violates these guidelines, please report it immediately using our designated reporting tools.
- 7.2 The Content Moderation team will investigate all reports promptly and take appropriate actions against violators, which may include content removal, warnings, temporary suspension, or permanent account termination.
8. Age Restrictions:
- 8.1 Users must comply with the age restrictions specified in our Terms of Service. Individuals under the minimum age requirement are not permitted to use the Platform.
9. Compliance with Laws:
- 9.1 Users are expected to comply with all applicable laws and regulations while using the Platform.
10. Conclusion:
Thank you for being part of the LYKSTAGE community and helping maintain a positive and respectful space for all users. The Platform reserve the right to update these Community Guidelines as needed to ensure a safe and enjoyable experience for everyone. Failure to adhere to these guidelines may result in the removal of content or enforcement actions against the User’s account.
The User hereby unconditionally agrees to the following terms mentioned herein:-
1. Eligibility of the User
- 1.1 Age Limit:-
The user shall be 13 years old or above to use this Platform independently. - 1.2 Permission from the parents or lawful guardians:-
For the users below the age of 13 years to operate the Platform, their parents or lawful guardian shall give a permission to it and under their guidance the Platform shall be used. The Company is not under an obligation to guarantee that the Content showcased here are children/minor friendly. - 1.3 Health:-
The user shall be mentally and physically stable and shall be in a position to understand the functioning of this Platform. People who are intoxicated or mentally challenged, shall not use this Platform independently.
2. Applicable Terms
- 2.1 Please read this Agreement carefully and make sure you understand it. If the User does not understand the Agreement, or does not accept any part of it, then they may not use the Service.
3. Minimum System Requirements
- 3.1 Use of the Service requires access to the internet network and compliance with the appropriate configuration requirements.
- 3.2 As the provision of these configuration requirements is not included in the Service, the User shall be personally responsible for obtaining such access from the appropriate operator freely chosen by the User and under the User’s responsibility. The User declares that the User knows and accepts these configuration constraints and undertakes to comply with them.
- 3.3 The Company declines all responsibility and will have no obligation to refund, in the event of non-functioning of the Service or any of the Platform’s features due to lack of connectivity to the internet or lack of respect for the system requirement.
4. User Account
- 4.1 The Company shall collect the following data, not being limited to mentioned below of the Users in order to register the User Account for the same:-
- - Name of the user
- - Contact details of the user – which shall include their Phone Number and/or E-Mail ID
- - Age
- - Display/profile picture
- - Preferences of the User in terms of genres on the basis of which videos will be recommended to the User.
- 4.1.1 Upon submitting the above mentioned information, the User shall be asked to create a username and password which shall be stored with the Company till the time the user account is not suspended or the User voluntarily does not delete the user account. Regardless of this, the Company shall also be able to exercise the retention of data based upon the regulation of the country from where the data is collected.
- 4.1.2 The User shall be allowed to amend any kind of details, username and password and the same shall be noted and stored by the Company.
- 4.2 Details about the Users can be collected through the following methods:-
- 4.2.1 Through the Users directly - During the process of user account registration, the User can manually enter and give all the details to the Company.
- 4.2.2 Through third-party associated websites/platforms - The User can allow the Company to borrow the details from the associated third party websites including but not limited to such as Google, Instagram, Facebook, etc where the User already have a user account. Please note that the Company shall not be held liable for any inaccuracy in the details collected through such medium. The User shall be responsible to verify the data provided. The Company shall be allowed to record and store the process in which the data was collected.
- 4.3 Parental Control
- 4.3.1 Parental control shall be enabled by the parents or the lawful guardians of a user that is less than 13 years of age.
- 4.3.2 In such case, the details given while creating a user account shall be of the parents or the lawful guardians and not of the user.
- 4.3.3 The parents or the lawful guardians shall abide by the usage limit set by the Company in such situation.
- 4.3.4 The parents or the lawful guardians shall monitor and take utmost responsibility of the genre of the videos watched by the user not be inappropriate considering the age and shall also restrict the usage time for the best interest of the user.
- 4.4 Using the Platform without a User Account
- The Users shall not be under a mandatory obligation to create a user Account. Certain services can be availed to the User even without a User Account. However, there shall be certain restrictions applied on the usage. The User shall be able to watch the videos posted on the Platform but shall not be able to upload videos on the Platform, the user shall see and be directed to third party websites through advertisements posted on the Platform, but the user shall not be able to apply for advertisement services on the Platform. The Company may apply any restrictions on such Users as the Company may deem fit from time to time.
5. Use of Account by the User
- 5.1 The User may use the Account primarily for viewing content for entertainment purposes.
- 5.2 The Users may promote, administer, or conduct a promotion on, through, or utilizing the Platform Services (a “Promotion”), provided that if they choose to do so, they may carry out Promotions to the extent permitted by applicable law and the Users are solely responsible for ensuring that any Promotions comply with any and all Applicable Laws, obligations, and restrictions.
- 5.3 The Company is not responsible for and does not endorse or support any such Promotions. The User may not indicate that the Company is a sponsor or co-sponsor of the Promotion. The User will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. LYK Inc or any of its affiliates does not sponsor or endorse this promotion and is not responsible for it.”
- 5.4 Subject to this Agreement, the User may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. The User agrees, however, that these activities are entirely their own. Moreover, by engaging in these activities, the User represents and warrants that the User is eligible to engage in them under Applicable Laws, and that the User shall abide by all relevant laws and regulations while doing so.
- 5.5 In case of whether any User is uploading any Branded Content on their Account they agree that the Users are solely responsible for ensuring that their Branded Content complies with any and all applicable advertising laws, regulations, and guidelines.
6. Content & Services offered
- i. Content on the Platform
The Content posted on the Platform 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 uploaded shall be provided as a Service to the other Users on the Platform. Content is the responsibility of the User that uploads it on the Platform. - ii. Uploading Content
If the User have an account on the Platform, then the User shall be able to upload Content on the Platform. The User may use the Content to promote the User’s business or artistic enterprise. If the User chooses to upload Content, the User shall not post on the Platform any Content piece that does not comply with this Agreement or any of the Applicable Laws.
For example, the Content the User submits shall not include third-party intellectual property (such as copyrighted material) unless the User have permission from that party or are otherwise legally entitled to do so. The Company may use automated systems that analyze the Content to help detect infringement and abuse, such as spam, malware, and illegal Content. If the Content is clear, then it may get uploaded on the Platform. - iii. Rights granted to the User
The User retains all of the ownership rights in the Content. In short, what belongs to the User stays of the User. However, the Company does require the User to grant certain rights to the Company and other users of the Service, as described below. - - License to the Company
By uploading Content on the Platform, the User grants to the Company a worldwide, non-exclusive, royalty-free, transferable, sub licensable license to use that Content (including reproducing, distributing, modifying, displaying, and performing it) for the purpose of operating, promoting, and improving the Service. - - Licence to other Users
The User also grant other Users of the Service a worldwide, non-exclusive, royalty-free license 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 License
The licenses granted by continue until the Content is removed as described below. Once removed, the licenses will terminate, except where the operation of the Service, use of the Content permitted before the removal, or the law requires otherwise.
For example, removal of Content by the User does not require the Platform to (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies the Company reasonably needs to keep for legal purposes. - vii. Deleting the Content
The User may delete the Content from the Platform at any time. The User shall also have the option to make a copy of the Content before removing it. The User shall remove the Content if the User no longer have the rights required by these terms. - viii. Removal/Deletion of Content by the Platform/Company
If the Company reasonably believe that any Content is in breach of this Agreement or may cause harm to the Platform, our Users, or third parties, we may remove or take down some or all of such Content. The Company shall notify the respective User of the reason for the action unless the Company reasonably believe that to do so for some particular reasons:
(a) may violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the Platform or Company’s affiliates;
(b) may compromise an investigation or the integrity or operation of the Service;
(c) may cause harm to any User, any third party, the Platform, or the Company or any affiliates. - ix. Permissions and Restrictions
The User may access and use the Services as made available, as long as the User complies with this Agreement and the Applicable Laws. The other Users/viewers may view or listen to Content for their personal, non-commercial use.
The following restrictions apply to using the Services. The User is 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 the following.
(a) as specifically permitted by the Platform;
(b) with prior written permission from the Platform and, if applicable, the respective right holders;
(c) as permitted by Applicable Laws.
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;
(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 the Platform’s robots.txt file;
(b) with the Platform’s prior written permission;
(c) as permitted by Applicable Laws.
d. Collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person.
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:
(a) 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).
(b) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the advertising policies (such as compliant product placements);
(c) 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
The Platform is constantly changing and improving its Service. The Platform reserves the right to change, alter, modify, or discontinue a Service, product, or feature as and when the Company deems fit. The Company also reserves the right to change, alter or modify this Agreement at any time when the Company deems fit and reasonable without intimation. In the event, the Company modifies the terms of this Agreement, such modifications shall be binding on the User only upon the User’s acceptance of the modified Agreement. The Platform/Company may inform you about the modifications via email or comparable means within a reasonable period. The Company shall also post the modified version on this page. The User’s continued use of the Platform shall constitute as consent to such changes.
7. Reward System
The Users who are uploading the Content on the Platform, may earn through the inbuilt reward system based on every unique watch time of 30 (thirty) seconds consumed by the Content. Every thirty seconds watched by a unique viewer may result to get the User who uploaded the Content some rewards. It shall be noted that if the same viewer again consumes the same thirty seconds, then the User shall not be eligible for the reward. There being a unique watch time consumed is a compulsion for claiming the reward.
In addition, the User shall be rewarded also when the Content is shared with a potential User and such User actually signs up on the Platform to view such Content shared.
All the payment of the reward shall take place through the payment details given by the User while cresting an account. The Company holds an undisputed liberty to amend the rules and policies of the reward system.
8. Reservation of Rights
The User acknowledge and agree that the Website and the Services are provided under license, and not sold, to them. 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. The Platform and its licensors and Service providers reserve and shall retain their entire right, title, and interest in and to the Platform 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.
9. Cookies
- 9.1 Cookies are pieces of data/information regarding our Platform that is stored on the User’s device through which the Platform is accessed.
- 9.2 It stores information including but not limited to the username and password of the User, any preferences set by the User, the kind of advertisement preferred, etc.
- 9.3 The basic objective of Cookies is to improve the experience of the User while using the Services provided on the Platform.
- 9.4 Permission of the User:-
When a User visits the Platform for the first time, the User shall be given an option to allow the kind of cookies the User deems appropriate to be in force. Essential Cookies being an exception to this clause, the User shall be given an option to change the settings regarding cookies.
For further clarity, kindly visit our dedicated Privacy Policy. [URL: ______]
10. Privacy Policy
- 10.1 The Company collects information pertaining to the Users either directly through them, or through cookies or through any other legitimate and known medium, and stores and records the same with utmost safety and security through advanced and upgraded encryption systems. The Company complies with all the applicable data privacy laws of the countries in which the Platform services is being provided.
- 10.2 Privacy Control with the Users:-
The Users shall be able to enjoy a discretion pertaining to sharing of the information with the Company. Apart from the mandatory information asked for while creating a User Account or while the User seeks the advertisement services, or for any other purpose, the User shall have the option to disclose such data to the Company/Platform. - 10.3 Retaining Information:-
Post the deletion of the User Account or suspension of the same, the Company shall retain the information of the User for the maximum duration allowed by the applicable privacy law of the land from where the Platform service was availed. - 10.4 Compliance with Regulators:-
The Company shall be allowed to disclose the information of the users to the respective regulatory authorities of the land in which the Platform operates. The Company shall be held harmless if there is data breach or data leak happening during the process of transferring such User information to the regulators as asked for. Moreover, the Company shall also be held harmless and the User shall take the sole responsibility if the User is found impersonating or providing any inaccurate details to the Company that the regulators has examined. - 10.5 Notification:-
The User shall be sent a notification while upon entering the Platform that pertains to seeking permission of the User in terms of accessing the storage of the device in order to let the User upload videos on the Platform, send notifications regarding updates, new uploads, or for any other purposes. - 10.6 Compliance with Privacy Laws
The Company affirms that all the clauses in this Agreement are compliant with the Applicable Privacy Laws of the land the User is residing in, an example without limitation is General Data Protection Regulation (For EU Countries); - For further clarity, kindly visit our dedicated Privacy Policy.[URL: ______]
11. IPR
- 11.1 IPR of the Company:-
All the Intellectual Property Rights (“IPR”) pertaining to but not limited to the Platform name, design, logo, html or any other kind of coding done for developing the Platform, advertisement about the Platform, etc shall remain solely in the name of the Company.
The Company shall be at a liberty to license a part of the IPR for a specific duration to a particular third-party entity for performance or fulfillment of a particular service offered by such third-party entity.
If the User is falsely associating the IPR of the Platform or the Company either with the Content of the User or the User itself, the Company shall in response may suspend the User Account or may take any legal action as the Company deems fit. - 11.2 IPR of the User:-
The ownership of the IPR of the videos and respective thumbnails along with the captions attached therewith does not remain with the Company in any manner. Any of the User who is watching any Content on the Platform, cannot claim the ownership of the IPR of such videos. Any IPR breach or violation by another entity shall be dealt with personally by the owner of such IPR. The Company shall be held harmless in any such manner. - 11.3 IPR of the Advertisements:-
The IPR of the Advertisements present or showcased on the Platform is neither a property of the Company nor does it has any relation to it. Any IPR breach or violation by another entity shall be dealt with personally by the owner of such IPR. The Company shall be held harmless in any such manner.
12. Copyright Policy
- 12.1 Ownership of Content:
- a. The Platform recognizes and respects the intellectual property rights of all users. By submitting or uploading any content on the Platform, the User affirms that they either own the content or have obtained all necessary permissions, licenses, and consents to use and share the content on the platform.
- b. All content submitted to the platform remains the intellectual property of the respective content creators. However, by submitting content, you grant the platform a non-exclusive, royalty-free, worldwide, and perpetual license to use, display, reproduce, modify, adapt, and distribute the content solely for the purpose of operating and promoting the platform.
- 12.2 Copyright Infringement Policy:
- a. The Platform takes copyright infringement seriously and will respond to valid copyright infringement notices in accordance with applicable laws.
- b. If the User believes that their copyrighted work has been used or copied in a way that constitutes copyright infringement, please provide the designated Copyright Agent with the following information:
- i. A description of the copyrighted work that is claimed to have been infringed.
- ii. Information about the location of the allegedly infringing content on the platform.
- iii. User contact information, including name, address, telephone number, and email address.
- iv. A statement by the User that the User has a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- v. A statement by the User, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- c. The User can contact our Copyright Agent at legal@lykstage.com.
12.3 Repeat Infringer Policy:
- a. The Platform reserves the right to terminate the accounts of users who repeatedly infringe on others' copyrights.
- b. Users who have their accounts terminated for copyright infringement will be notified and provided with an opportunity to appeal the decision.
12.4 Fair Use and Creative Commons:
- a. Users are encouraged to respect fair use principles and the terms of Creative Commons licenses when using copyrighted material on the platform.
- b. The Platform may provide tools or features to help users comply with fair use and Creative Commons licensing requirements.
12.5 Content Removal and Disputes:
- a. The Platform reserves the right to remove or disable access to any content that is alleged to be infringing without prior notice.
- b. In case of disputes regarding copyright ownership or the removal of content, the Platform may provide a dispute resolution mechanism to resolve such issues.
12.6 Copyright Education and Awareness:
The platform may offer educational resources and materials to help users understand copyright laws and intellectual property rights.
12.7 Updates to Copyright Policy:
The platform may update its copyright policy from time to time. Users will be notified of any material changes to the policy.
13. Warranties of the User
- 13.1 The User hereby voluntarily accepts that the User agrees to the terms stated in this Agreement voluntarily and under sane conditions without any coercion or undue influence.
- 13.2 The User agrees to having read and understood all the terms stated herein in this Agreement.
- 13.3 The User warrants that the details provided herein is correct and accurate to the best of the User’s knowledge.
- 13.4 The User acknowledges that any Content uploaded by the User on the Platform is at their own risk and the Company or the Platform shall not be responsible for it.
- 13.5 The User agrees to upload content that does not instigate violence in any society or in any country, does not defame any other person or entity, does not comment anything against the public policy under any other user’s videos, does not use foul language or content that will be against the Applicable Laws and does not claim or violates any of the IPR of the other users or the Company.
- 13.6 The User agrees using the Service does not give them ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or the Company.
- 13.7 If the User is using the Service on behalf of a company or organisation, and represents that the User has the authority to act on behalf of that entity, and that such entity accepts this Agreement in its entirety.
- 13.8 The User agrees 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 the Company and/or its licensors, including the customers, brands, and agencies, and is protected by applicable intellectual property and other laws, including but not limited to copyright. The User agree that the User shall not use such proprietary Content, information, or materials other than for the User’s permitted use of the Services or in any manner that is inconsistent with the terms of this User Terms.
- 13.9 The User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and the User shall not exploit the Services in any unauthorized way whatsoever.
14. Rights of the Company
- 14.1 To store and process the information of the Users for providing better services, rights to alter any of the provisions mentioned herein.
- 14.2 To terminate the user account of a user if found violating any of the provisions mentioned herein.
- 14.3 To pull down videos from the Platform if found against the terms mentioned herein.
- 14.4 The Company has the right to remove the User’s Promotion (if any) from the Platform Services if they reasonably believe that the User Promotion does not comply with the Terms of Service or Applicable Laws.
15. Advertisements
- 15.1 The Company hereby abides by all the applicable and amended advertising laws of the land in which the Platform operates and provides the advertising services.
- 15.2 Application for Advertisements
- 15.2.1 The User shall avail for advertisement services offered through the Platform only.
- 15.2.2 The User shall have a User Account on the Platform for availing this service.
- 15.2.3 The User shall disclose all the necessary information asked for during the application process.
- 15.2.4 This shall be a prepaid service for which the User shall pay the fees mentioned on the Platform while applying for the services.
- 15.2.5 Once, the payment is made, the User shall disclose the details as asked for regarding the advertisement on the Platform. The details given shall meet the necessary criteria as mentioned on the Platform.
- 15.3 The advertisement shall get live on the Platform within few business days and the receipt of payment made shall be sent by the Company through E-Mail or SMS on the contact details given by the User.
- 15.4 The Company shall have the unconditional right to pull down or delete the Advertisement if the content of the same is found to be contra vires to the applicable laws of land and public policy. The Company shall be held harmless and shall not be under any obligation to revert with a response regarding the same. The User shall personally be held liable and answerable in such situation.
- 15.5 Duration:-
- 15.5.1 The User shall specify the duration i.e, for the number of days, months or years, the advertisement shall be held live on the Platform and accordingly shall make the payment.
- 15.5.2 If the User decides to withdraw the advertisement from the Platform, an intimation shall be sent to __________ [E-Mail ID] regarding the same. Upon such intimation being served, the Company shall pull down the advertisement within a considerable time. The Company shall not be under any obligation to return the amount/fees paid by the User during the Application.
- 15.5.3 If the User wishes to extend the duration, then the User shall intimate the Platform through the option given in the User Account and accordingly shall make the necessary payments.
- 15.6 The Company shall be at a liberty to make amendments in these provisions as when the Company deems fit.
- 15.7 The advertisements may contain hyperlinks navigating the Users to a particular website. However, the User shall make sure that the same does not lead the User to the following:-
- i. Pornographic websites.
- ii. Websites or apps that install malware.
- iii. Websites or apps used for phishing information.
- iv. Websites or apps that give unauthorized free access to content.
- v. Websites that raise funds for criminal or terrorist organizations.
- iv. Websites containing Child Sexual Abuse Imagery.
- 15.8 The Company complies with all the Applicable laws of land in which the advertisement services are provided on the Platform.
16. Payment Terms
- 16.1 The Company shall be at a discretion to use third party services of payment aggregators and payment gateways for the payment mechanism.
- 16.2 Such third parties may deploy their cookies on the Platform in order to provide better payment services and mechanisms.
- 16.3 The User shall be able to select one of the payment options and shall enter the necessary and correct payment details.
- 16.4 The User shall know that the Platform in no way records the payment details entered. It is directly stored by the associated third parties according to the terms and conditions available on their website.
- 16.5 The Company shall not be held liable and shall always be considered harmless in case of there being any data breach or data leak of the payment details entered, constant lag or failure in payment process or for any other loss, potential loss or inconvenience caused to the User while initiating a payment.
17. Term, Account Termination and Suspension
- 17.1 When the User signs up for the Service and agree to these Terms, the Agreement between the User and the Platform is formed, and the Agreement will come into effect. The term will continue for as long as the User have a user account or until the User or the Company terminates the Agreement in accordance with these terms, whichever happens first.
- 17.2 The Company reserves the right to terminate or suspend the User’s account if the Company finds a committal of breach of this Agreement or the Company is required to do so to comply with a legal requirement or a court order or the Company believes there has been conduct that creates (or could create) liability or harm to any user, other third party, the Company or the affiliates of the Company.
- 17.3 The Company shall notify the User with the reason for termination or suspension unless the Company reasonably believes that to do so would violate the law or the direction of a legal enforcement authority and/or would compromise an investigation and/or would compromise the integrity, operation or security of the Service and/or would cause harm to any user, other third party, the Company or the affiliates of the Company.
- 17.4 If the User Account is Terminated, the access to the service shall be restricted; The User may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If the User believes that the termination or suspension of their account has been made in error, they can approach the Grievance Officer.
18. Content Moderation Policy and Reporting Mechanism
The Platform is committed to maintaining a safe and welcoming environment for all our users. To achieve this goal, the Platform has implemented a robust content moderation system to promptly identify and remove illegal, harmful, or inappropriate content from the Platform. This content moderation policy aims to ensure compliance with applicable laws, protect the rights and safety of the users, and uphold the community standards.
- 18.1 Prohibited Content: The Platform strictly prohibit the following types of content:
- a) Content that violates any local, national, or international laws or regulations.
- b) Adult content, nudity, pornography, or sexually explicit material.
- c) Hate speech, discriminatory content, or content that promotes violence or harm towards individuals or groups based on their race, ethnicity, nationality, religion, gender, sexual orientation, disability, or any other protected characteristic.
- d) Content that encourages self-harm, suicide, or any dangerous activities.
- e) Misinformation or content that may cause harm, fear, or confusion to our users.
- f) Graphic or gratuitously violent content.
- g) Harassment, bullying, or stalking of individuals.
- h) Content that invades privacy or reveals sensitive personal information of others without their consent.
- i) Content that promotes or supports terrorism, hate groups, or extremist ideologies.
- 18.2 Moderation Process:
- a) The Platform employs a combination of automated tools and human moderators to review and assess user-generated content.
- b) The Platform’s content moderation team is trained to apply the guidelines consistently and fairly.
- 18.3 User Reporting:
- a) The Platform encourage users to report any content that they believe violates the guidelines or community standards.
- b) Reports can be submitted through the reporting mechanisms, which are easily accessible on the platform.
- c) Some users may feel more comfortable reporting content anonymously. Therefore, the Platform offers an option to report content without revealing your identity. The User’s anonymity will be respected throughout the reporting process.
- d) The User can report content through various channels, including but not limited to:
- i. The report button or flagging option available on each post or piece of content.
- ii. The Platform’s dedicated reporting form accessible through the user settings or help center.
- iii. Sending an email to the support team at [Report Email Address].
18.4 Swift Action:
Once reported, the content moderation team reviews the content promptly and takes appropriate action, including but not limited to:
- a) Content Removal: Any content found to be in violation of the guidelines will be promptly removed from the platform.
- b) Warning and Education: In certain cases, users may receive warnings and educational messages to promote adherence to the guidelines.
- c) Account Suspension: In more severe cases, the Platform may temporarily suspend user accounts pending further investigation.
- d) Account Termination: Repeated violations or egregious content may result in permanent account termination.
18.5 Confidentiality and Privacy:
- a) The Platform respects your privacy and confidentiality. All reports will be handled with utmost discretion.
- b) Please note that while the Platform will do the best to keep the User identity confidential, there may be instances where disclosure is necessary to investigate and resolve the reported issue properly.
18.6 Appeal Process:
- a) If a user believes their content was wrongfully removed or their account was actioned in error, they have the right to appeal the decision.
- b) Appeals can be submitted through our following Email Address : [Email Id]
- c) Ensure that the subject is clearly mentioned and the appeal is made in clear and unambiguous terms
- d) The Platform’s Content Moderation team shall review the appeal and act accordingly.
19. Communication
By creating an account on the Platform, the User agrees to receive communications from us including e-mails, messages, texts, calls, notifications, etc. The User may unsubscribe from the mailing list, but even after unsubscribing from the mailing list, the User may continue to receive notification emails related to security, password reminders, connection activities, engagements, and other Platform updates.
20. Governing Laws
The terms mentioned herein shall be governed by the Applicable Laws of the land in which the Platform Services are provided or where the Company or any of its affiliates functions.
21. Third Party Links
- 21.1 The Platform may contain links to third-party websites and online services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, such websites and online services. The User must be aware when they leave the Service; the Company suggests the User to read the terms and privacy policy of each third-party website and online service that they visit.
22. Indemnity
The user shall indemnify and hold harmless the Company and its affiliates for violating any of these provisions stated herein.
23. Survival Clause
Upon termination of this Notice, the following clauses shall remain in force:-
- - Eligibility of the User
- - Cookies
- - Privacy Policy
- - IPR
- - Indemnity
24. Severability
If any part of this Agreement has been declared as illegal, the other parts of this Agreement shall remain in force.
25. Independent Contractor Relationship
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, employers/employees, agents/servants. The User has no power or authority to bind the Platform to any obligation, agreement, debt, or liability. The User shall not hold itself out as an agent or representative of the Platform.
26. About the Agreement
- 26.1 The Company may amend this Agreement, without prior intimation, to reflect changes to the Services or for legal, regulatory, or security reasons, and/or to prevent abuse or harm.
- 26.2 If the Company materially changes this Agreement, they will provide the User with reasonable advance notice and the opportunity to review the changes, except when the Company launches a new product or feature, or in urgent situations, such as preventing ongoing abuse or responding to legal requirements.
- 26.3 If the User does not agree to the new terms, they may choose to remove any Content they uploaded and stop using the Service.
- 26.4 If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
- 26.5 If the user fails to comply with this Agreement and the Company does not take immediate action, this does not mean that they are giving up any rights that they may have to take action on such breach.
27. Notice
A notice to the User shall be considered to be effective when the Company sends it to the last email or physical address the User gave the Company or when posted on our Website. Any notice to the Company or the Platform shall be effective when delivered to the Company along with a copy to our legal counsel: Attn. Legal Department, LYK Inc 913 N. Market Street, Suite 300, Wilmington, DE 19801, or any address as the Company may later post on the Platform.
28. Grievance Officer
In case of there being any grievance regarding the Platform, the User may contact the Grievance Officer through the following contact details:-
Name: Richa Joshi
E-Mail ID: legal@lykstage.com
Registered Address: Attn. Legal Department, LYK Inc 913 N. Market Street, Suite 300, Wilmington, DE 19801
If the grievance remains unresolved, the matter shall be dealt by the state and federal courts in New York, NY, USA, and each party will be subject to the jurisdiction of those courts.
THANK YOU!