Terms of Services

LYK Inc.

Last Updated: July 24, 2018


These Terms of Service (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.

If you are unsure as to User Terms set herein, please do not proceed further and contact us at feedback@lykapp.com.

LYK is a social network with privacy. The application allows Users to express and share their voice freely by creating and setting social media boundaries. Connections are defined and classified in LYK either as family, close or likeminded. LYK’s unique privacy features enable Users to keep their close or likeminded connections invisible. LYK is the owner of the website www.lykapp.com (“Website”). LYK uses the Website and its mobile application (the “App”) to provide a range of social networking services to its Users (collectively “Services”).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY DOWNLOADING OUR MOBILE APPLICATION, ESTABLISHING AN ACCOUNT, USING THE SERVICES, AND/OR NAVIGATING THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THE AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS THE PRIVACY POLICY REFERENCED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE USER TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

  1. PRIVACY

Our Privacy Policy (https://www.lykapp.com/privacy-policy/) describes 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.

  1. SERVICES & LICENSE

Subject to your compliance with 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 nontransferable 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.

  1. 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 LYK 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, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that LYK is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using the Services.

  1. 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. LYK 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.

  1. SHARING YOUR CONTENT AND INFORMATION

You own all of the content and information you post on the LYK Website, and you can control how it is shared through your privacy and application settings. In addition:

  1. 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 LYK (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 LYK related to your actions, content or information on the LYK Website, you will indemnify and hold LYK harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  2. 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).
  3. 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“).

DO NOT SIGN UP FOR AN ACCOUNT IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. BY OPENING UP AN ACCOUNT YOU AGREE TO BOUND BY AND COMPLY FULLY WITH THESE TERMS.

  1. REPRESENTATION AND WARRANTIES

You represent and warrant that: (a) 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; (b) all information submitted by you and all statements made by you will comply with all applicable laws and is accurate, and (c) to the extent that you upload any content on the Website, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to any other Social Media Provider, or this Agreement.

  1. LYK COMMUNICATIONS.

By establishing an account with LYK, you agree to receive communications from us, including via e-mail, text messages, and push notifications.

  1. ACCEPTABLE USE POLICY

Safety

We do our best to keep LYK safe, but we cannot guarantee it. In order to keep LYK safe, we need the following commitments from you i.e., the User.

  1. You will not post unauthorized commercial communications (such as spam) on LYK.
  2. You will not collect users' content or information, or otherwise access LYK, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on LYK.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any other User.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. 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.
  9. You will not use LYK to do anything unlawful, misleading, malicious, or discriminatory.
  10. You will not do anything that could disable, overburden, or impair the proper working or appearance of LYK, such as a denial of service attack or interference with page rendering or other LYK functionality.
  11. 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.
  12. You will not facilitate or encourage any violations of these User Terms or any of LYK’s other policies.

Registration

LYK Users are required to provide their real name and information. Users are required to comply with the following commitments regarding your registration and maintenance of the security of your account.

  1. You will not provide any false personal information on LYK or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use LYK if you are under 13.
  5. You will not use LYK if you are a convicted sex offender.
  6. You will keep your contact information accurate and up-to-date.
  7. 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.

  1. PAYMENT

Accessing and using the LYK Website and the Services is currently free of cost. However, LYK reserves the right to charge a subscription fee in the future. In the event that LYK modifies this clause to include a subscription fee in the future, LYK will provide communicate such modification to the User as per the procedure detailed under Section 19.

  1. CONFIDENTIALITY

In the event that any information is disclosed to you through your access to the Services related in any way to LYK and LYK's business and its customers which we deem to be confidential and proprietary, you agree to promptly notify LYK about such disclosure and hold such information in the strictest of confidence.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. INDEMNIFICATION

You shall indemnify, defend and hold LYK and our officers, employees, managers, directors, customers and agents (the “LYK Indemnified Parties”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against LYK Indemnified Parties arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, gross negligence or willful misconduct of you or your employees, agents or contractors; (iii) incorrect information provided by you in your Account or elsewhere ; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

  1. DISCLAIMERS OF WARRANTIES

Your access to 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, LYK DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LYK makes 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 LYK or through the Services, will create any warranty or representation not expressly made herein.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYK 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. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LYK EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID LYK, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT LYK HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVE, KNOWINGLY AND FREELY ASSUME ALL RISK WHEN ACCESSING THE SERVICES AND THE WEBSITE. YOU, ON BEHALF OF YOURSELF, AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY LYK 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) CLAIMS, OR ANY DECISION BY A COURT, ARBITRATOR, OR GOVERNMENT AGENCY, THAT LYK 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, (V) 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.

  1. TERMINATION

User may terminate this binding legal Agreement with LYK at any time by deactivating your Account and discontinuing your Services.

LYK reserves the right to suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these User Terms or the LYK Privacy Policy, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the User Terms shall terminate, including, without limitation, your license to use the Services.

Sections 2, 3, 4, 11-16, 21, 22, 23 shall survive any termination or expiration of this Agreement.

  1. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) must be provided to our designated Copyright Agent. It is our policy to terminate the accounts of repeat infringers.

The LYK Copyright Agent to receive the DMCA Takedown Notices is Mr. Adris Chakraborty, LYK Inc. Attn: DMCA Notice, 8 Belvedere, Manhasset, New York 11030. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

  1. ASSIGNMENT

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

  1. ANTI-BRIBERY AND EXPORT COMPLIANCE

You agree not to promote, approach or use, distribute, transfer, provide, sub-license, share with, or otherwise offer the Services in violation of any Laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) the Services to any destination, person, entity or end use prohibited or restricted under US law without prior US government authorization to the extent required by regulation, including without limitation, any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the EAR or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by regulation.

  1. MODIFICATIONS

We reserve the right, at our sole discretion, to change or modify this Agreement at any time. 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 LYK Website and the Services shall constitute your consent to such changes..

  1. 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 LYK to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of LYK.

  1. GOVERNING LAW

This Agreement shall be governed by the law of the State of California, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in California, for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.

  1. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LYK AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and LYK agree (a) to waive your and LYK’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Services and Platform, resolved in a court, and (b) to waive your and LYK’s respective rights to a jury trial. Instead, you and Lyk agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

No Class Arbitrations, Class Actions or Representative Actions

You and LYK agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and LYK and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and LYK agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and LYK agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Federal Arbitration Act

You and LYK agree that these Terms affect interstate commerce and that the enforceability of this Section 22 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

Notice; Informal Dispute Resolution

You and LYK agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to LYK shall be sent by certified mail or courier to LYK Inc., Attn: Legal, 8 Belvedere, Manhasset, New York 11030 Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your LYK account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and LYK cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or LYK may, as appropriate and in accordance with this Section 22, commence an arbitration proceeding.

Process

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND LYK AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR LYK WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND LYK WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Lyk agree that  (a) any arbitration will occur in San Francisco, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of Illinois, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

Authority of Arbitrator

As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA rules. discovery in the arbitration shall be limited to one set of interrogatories, one set of request for admissions, and one set of request for production of documents.

The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Rules of AAA

The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

Severability

If any term, clause or provision of this Section 22 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 22 will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of these User Terms and will remain valid and enforceable, except as prohibited by applicable law. 

Opt-Out Right

YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION 22 BY WRITING TO: LYK INC., RE: OPT-OUT, 8 BELVEDER, MANHASSER NEW YORK 11030. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 21. 

  1. MISCELLANEOUS

This Agreement along with the Privacy Policy constitutes the entire agreement between you and us and supersedes any prior agreements between you and us with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to LYK shall be given by certified mail, postage prepaid and return receipt requested to LYK Inc. at 8 Belvedere, Manhasset, New York 11030. Any notices to you shall be provided to you through our Website or App or given to you via the email address or physical address you provide to LYK during the registration process.

Business Terms of Service

LYK Inc.

Last Updated: May 23, 2018


These Business Terms of Service (“Business Terms” or “Agreement”) govern your access to and use of LYK INC. (“LYK”) website i.e., www.lykapp.com (“Website”) for any commercial purposes. A User can create a page (“Page”) on behalf of themselves or on behalf of their brand, entity, organization and/or public figure on LYK’S Website in order to facilitate their commercial purposes. These Business Terms govern a User’s creation and use of a Page.

You agree that the terms “you” and “your,” as used throughout these Business Terms, mean the User/business that is creating a Page on our Site or using our Website for commercial purposes. You are responsible for ensuring that your Page complies with the below mentioned Business Terms and all applicable law, statues and regulations.

These Business Terms are also applicable to Users who participate in promotions, surveys and contests posted on the Website.

Capitalized words not defined herein, shall have the same meaning as ascribed to them in our Terms of Service and our Privacy Policy.

All Users of the LYK Website, including creators of Pages are subject to these Business Terms in addition to being subject to the LYK’S Terms of Service and LYK’S Privacy Policy. In the event of any conflict between these Business Terms and the Terms of Service, these Business Terms should prevail. Further, in the event of any conflict between these Business Terms and the Privacy Policy, the Privacy Policy prevails.

PLEASE READ THESE BUSINESS TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

DISPUTE RESOLUTION & ARBITRATION NOTICE: THESE BUSINESS TERMS CONTAIN AN DISPUTE RESOLUTION AND ARBITRATION PROVISION. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE DISPUTE RESOLUTION AND ARBITRATION PROVISION UNDER SECTION 14, YOU AND LYK AGREE THAT DISPUTES BETWEEN YOU AND LYK WILL BE RESOLVED BY MANDATORY BINDING ARBITARTION, AND YOU AND LYK WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A JURY TRIAL.

BY ACCEPTING THESE BUSINESS TERMS, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY DOWNLOADING OUR MOBILE APPLICATION, CREATING A PAGE ON BEHALF OF YOUR BRAND, ENTITY, ORGANIZATION AND/OR PUBLIC FIGURE, ESTABLISHING AN ACCOUNT, USING OUR SERVICES, AND/OR NAVIGATING THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THE AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS THE TERMS OF SERVICE AND/OR THE PRIVACY POLICY REFERENCED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE BUSINESS TERMS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE BUSINESS TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE WEBSITE.

  1. CREATING PAGES

In order to use our Website for commercial purposes, you must create a Page on our Website. A Page for a brand, entity, organization or public figure may be administered only by an authorized representative of that brand, entity organization or public figure (“Authorized Representative”).

A User can also create a Page to express support for or interest in a brand, entity, organization or public figure, provided that they do not mislead others into thinking it is an official Page or violate another parties rights. If your Page is not the official Page of a brand, entity (place or organization) or public figure, you must:

Content posted on a Page is public and viewable by everyone who can see the Page.

You are required to restrict access to Pages as may be necessary in order to ensure compliance with LYK’S Terms of Service, Privacy Policy and/or any related documents.

You may not establish terms for your Page that conflict with these Business Terms, with LYK’S user Terms of Service and/or Privacy Policy.

  1. PAGE NAME GUIDELINES

Page names must be accurate and related to the content published on the Page. Page names should not be generic, should be grammatically correct and should not be obscene. Page names should not be misleading or deceptive. LYK reserves the right to require you to change the Page name and/or the LYK web address for any Page that fails to meet LYK’S requirements. If you wish to change your Page name, such changes should conform with the above-mentioned guidelines.

  1. PAGE CONTENT

Posting Content. LYK allows you to post content, including photos, comments, links, and other materials on your Page. Anything that you post or otherwise make available on your Page is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post on the Website. You shall not post User Content that violates or encourages any conduct that violates laws or regulations, including but not limited to laws or regulations applicable to your line of business and laws or regulations applicable to advertising. You are responsible for User Content and any third-party content posted on your Page, and you represent and warrant that User Content and any third-party content posted on your Page comply with all applicable laws and regulations. 

User Content License. You grant LYK and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on LYK solely for the purposes of operating, developing, providing, and using the Website. Nothing in these Business Terms shall restrict other legal rights LYK may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Business Terms or our policies. 

Retention of User Content. Following termination or deactivation of your account, or if you remove any User Content from the Website, we may retain your User Content for a period of 1 year for backup, archival, or audit purposes. Furthermore, LYK and our other users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through LYK. 

Third Party Rights. LYK respects the rights of third party creators and content owners and expects you to do the same. You therefore agree that any User Content that you post on your Page does not and will not violate any law or infringe the rights of any third party. 

Feedback. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, LYK does not waive any rights to use similar or related feedback previously known to LYK, or developed by its employees, or obtained from sources other than you. 

  1. PROMOTIONS & OFFERS

Promotions. If you use the LYK Website or your Page to communicate or administer a promotion (e.gs., a contest or an event), you are responsible for the lawful operation of that promotion. You are also responsible for ensuring that your promotion complies with all legal requirements. This includes writing the official rules, terms, and eligibility requirements, and complying with marketing regulations. Legal requirements for promotions can vary from place to place, so please work with a lawyer or other expert to ensure you won’t violate any applicable laws. LYK will not responsible or liable to you in any way if you use LYK’S Website for your promotion. LYK DOES NOT ASSIST IN THE ADMINISTRATION OF ANY PROMOTIONS BY USERS. 

Promotions on LYK must expressly state the following: 

  • A complete release of LYK by each entrant or participant.
  • Acknowledgement that the promotion is no way sponsored, endorsed or administered by, or associated with LYK.
  • Please ensure compliance to the following Do’s and Don’ts:

    Do’s

  • Make it easy to get involved with clear and simple instructions;
  • Provide official rules for your promotion; 
  • Expressly state in your promotion official rules that each entrant or participant completely releases LYK from all claims based on, related to, or arising from the promotion; and
  • Expressly state in your promotion official rules, and make clear through the presentation of your promotion, that your promotion is in no way sponsored, endorsed, administered by, or associated with, LYK.
  • Don’ts

  • Use our Website, our trademarks, logos or other intellectual property except as necessary to comply with this Section;
  • Encourage illegal or illicit behavior; and 
  • Violate or encourage others to violate our Terms of Service, our Privacy Policy and/or these Business Terms.
  • Don’ts If you create an offer using LYK’S offer creation tool, the following policies apply:

  • LYK offers must be available for a limited time.
  • You may only run an offer if you are the merchant for or the manufacturer of the product or service you are promoting.
  • You must clearly and prominently disclose any restrictions on your offer (such as expiration date or limitations on redemption).
  • You are solely responsible for improper redemption, fraud, disputes or other issues that arise from the distribution and/or redemption of your offer.
  • If your offer may be redeemed at a merchant not operated by you, it is your sole responsibility to communicate with the merchant and ensure they honor your offer.
  • You must only use the offer creation tool for its intended functionality and not to promote your website or other contact information, or to offer the equivalent of a gift card, gift certificate or stored value card.
  • You are responsible for ensuring that your offer complies with these terms and all applicable laws, rules and regulations. Offers are subject to many regulations (such as alcohol discounts and offers marketed to minors) and if you are not certain that your offer complies with applicable law, consult with an expert.
  • If a User participates in any promotion, contest or offer posted on the Website, the User is required to ensure compliance with these Business Terms. Please note that our Website features allows our Users to participate in any promotions, contests and offers that may be posted on our Website.

    If you participate in any promotion, contest or offer you are required to ensure compliance with these Business Terms, the LYK Terms of Service and any additional rules, terms and eligibility requirement relating to the promotion, contest or offer.

    1. COPYRIGHT POLICY

    If you believe that any content on our Website violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) must be provided to our designated Copyright Agent. It is our policy to terminate the accounts of repeat infringers.

  • Your physical or electronic signature;
  • Identification of the copyrighted work(s) that you claim to have been infringed;
  • Identification of the material on our services that you claim is infringing and that you request us to remove;
  • Sufficient information to permit us to locate such material;
  • Your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
  • The LYK Copyright Agent to receive the DMCA Takedown Notices is Mr. Adris Chakraborty, LYK INC. Attn: DMCA Notice, 8 Belvedere, Manhasset, New York 11030. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

    1. JOB POLICY

    The following terms provide guidance on what types of job posts are allowed on the LYK Website. You are responsible for ensuring that your Page complies with all applicable laws and regulations. The following types of job posts are prohibited:

  • (i) Job posts must not promote employment opportunities that are misleading, deceptive, or fraudulent. This includes but is not limited to: (a) Multi-level marketing schemes; (b) Unclear business models that do not explicitly state how to make money or how value is created and (c) Posts asking for payment prior to application.
  • (ii) Job posts must not promote employment opportunities that involve illegal activity, products, or services. This includes but is not limited to: (a) illegal criminal activity; (b) use, sale, or service of illegal drugs; (c) human trafficking; and (d) counterfeit documents or currency.
  • (iii) Job posts must not solicit personally identifiable information or financial information from any potential applicants. This includes but is not limited to: (a) credit card information; (b) bank account information and (c) government-issued ID information.
  • (iv) Job posts must not promote employment opportunities that require adult services or use of adult products. This includes but is not limited to: (a) escort services; (b) jobs that involve sex toys; (c) jobs that involve sexual enhancement products and (d) jobs that involve videos, publications or live shows that are sexual in nature or involve nudity.
  • (iv) Job posts must not unlawfully discriminate against applicants based on any protected characteristics, including, but not limited to, race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition or any other basis protected under federal, state or local law. Job posts must comply with all applicable laws prohibiting discrimination.
    1. PROHIBITED PAGES

    The following Pages are strictly prohibited on the LYK Website.

  • (i) Pages promoting the private sale of regulated goods or services (including firearms, alcohol, tobacco, or adult products).
  • (ii) Pages that promote or facilitate online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker, are prohibited.
  • (iii) Pages must not promote the sale of prescription pharmaceuticals. Pages for online pharmacies may be permitted with prior approval from LYK.
  • (iv) Pages must not contain false, misleading, fraudulent, or deceptive claims or content.
  • (v) Don't include third party products, brands or sponsors within your Page's cover photo or profile picture.
  • (vi) Pages that offer content that violate the law or contain pornographic material.
    1. TERMINATION

    LYK reserves the right to terminate your access and use of the Website and delete your Page, by providing you with 10 days prior notice. Upon termination, these Business Terms shall also stand terminated except for the ones that survive as set forth below. If you terminate your account and Page on your accord, these Business Terms stand terminated. However, Sections 3, 5, 10 – 14 shall survive termination of these Business Terms. If you violate Section 7 above, LYK reserves the right to terminate your access and use of the Website and delete your Page immediately without notice.

    1. DISCLAIMER OF WARRANTIES

    LYK TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD-PARTY POSTS OR TRANSMITS ON YOUR PAGES. LYK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

    1. MODIFICATION

    LYK reserves the right, at its sole discretion, to change or modify these Business Terms at any time. In the event, we modify these Business Terms, such modifications shall be binding on you only upon your acceptance of the modified terms. 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 LYK Website shall constitute your consent to such changes.

    1. INDEMNITY

    You agree to indemnify and hold harmless LYK and our respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Website, (b) your User Content, or (c) your breach of any of these Terms.

    1. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYK 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 WEBSITE AND ANY RELATED SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LYK EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID LYK, IF ANY, IN THE PAST SIX MONTHS FOR THE USE OF THE WEBSITE OR ANY RELATED SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT LYK HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVE, KNOWINGLY AND FREELY ASSUME ALL RISK WHEN ACCESSING THE WEBSITE AND THE WEBSITE. YOU, ON BEHALF OF YOURSELF, AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY LYK 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 WEBSITE AND/OR ANY RELATED 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 WEBSITE AND/OR ANY RELATED SERVICES, (IV) CLAIMS, OR ANY DECISION BY A COURT, ARBITRATOR, OR GOVERNMENT AGENCY, THAT LYK 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, (V) 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.

    1. GOVERNING LAW & DISPUTE RESOLUTION

    This Agreement shall be governed by the law of the State of California, without respect to its conflicts of laws principles.  Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in California, for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 14.

    1. DISPUTE RESOLUTION AND ARBITRATION

    PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LYK AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

    Binding Arbitration

    Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and LYK agree (a) to waive your and LYK’S respective rights to have any and all Disputes arising from or related to this Agreement, use of our Services and Platform, resolved in a court, and (b) to waive your and LYK’S respective rights to a jury trial. Instead, you and LYK agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

    No Class Arbitrations, Class Actions or Representative Actions

    You and LYK agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and LYK and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and LYK agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and LYK agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

    Federal Arbitration Act

    You and LYK agree that these Terms affect interstate commerce and that the enforceability of this Section 22 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

    Notice; Informal Dispute Resolution

    You and LYK agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to LYK shall be sent by certified mail or courier to LYK INC., Attn: Legal, 8 Belvedere, Manhasset, New York 11030 Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your LYK account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and LYK cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or LYK may, as appropriate and in accordance with this Section 22, commence an arbitration proceeding.

    Process

    EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND LYK AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR LYK WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND LYK WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and LYK agree that  (a) any arbitration will occur in San Francisco, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of Illinois, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

    Authority of Arbitrator

    As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA rules. discovery in the arbitration shall be limited to one set of interrogatories, one set of request for admissions, and one set of request for production of documents.

    The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

    Rules of AAA

    The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

    Severability

    TIf any term, clause or provision of this Section 14 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 14 will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of these User Terms and will remain valid and enforceable, except as prohibited by applicable law. 

    Opt-Out Right

    YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION 14 BY WRITING TO: LYK INC., RE: OPT-OUT, 8 BELVEDER, MANHASSER NEW YORK 11030. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 14. 

    1. NO AGENCY

    These Business Terms do not establish any agency, partnership, or joint venture between you and LYK. The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties.

    1. GENERAL TERMS

    These Business Terms along with the Terms of Service and the Privacy Policy constitutes the entire agreement between you and us and supersedes any prior agreements between you and us with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website and/or any related services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to LYK shall be given by certified mail, postage prepaid and return receipt requested to LYK INC. at 8 Belvedere, Manhasset, New York 11030. Any notices to you shall be provided to you through our Website or given to you via the email address or physical address you provide to LYK during the registration process.