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TERMS AND CONDITIONS

23/04/2015 by LYRKA

As of December 13, 2019

Kindly ensure that you read the following Terms and Conditions carefully. These Terms and Conditions form a legally binding contract.

These Terms and Conditions under which Lyrka, Inc. (“Lyrka,” “we,” or “us”) grants you access to, and manages your use of the website whose address is Lyrka.com (the “Site”), and all Lyrka applications (the Software) provided through the Site and the content, features, information, and services made available through the Site (jointly, the “Services”).

Your access to the Site, your use of the Services or by clicking on “I Accept” button (if presented alongside these Terms and Conditions), constitutes your acceptance of these Terms and Conditions and serves as a binding contract between Lyrka and you, and also binds you to any revisions or modifications that Lyrka makes to these Terms and Condition. If you do not agree to these Terms and Conditions, or you do not wish to be bound by this Contract, kindly discontinue your access to the Site and your use of our Services.

You are not allowed to access the Site and/or use the Service, neither are you allowed to consent to these Terms and Conditions if you are below 16 years of age. We may modify, revise, or amend these Terms and Conditions by posting the amended version on the Site, and you consent to be bound by any amendments made to these Terms and Conditions. You acknowledge and accept that Lyrka may restrict or discontinue your access to and use of the Site and the Service for any or no reason at all with or without prior notification.

 

The Services

The Sites offers certain promotions and contests (jointly, “Promotions”) to give the user the chance of winning unusual, unique, or limited edition gifts (Prizes) and receives rewards that are not traditionally available to the general public. Users (or participants) may partake in the Promotion by creating a user account (as defined herein) and by either using Lyrka’s Free Alternative Methods of participating, by contributing, or by make utilizing any other free channels that we make available periodically. No payment, purchase, or any other financial involvement is mandated to participate in or win a Promotion, and Lyrka’s Free Alternative Methods are available for all Promotions. Promotions are annulled where prohibited by the applicable law. Also, if you are registering for, or participating in any Promotion, your participation is subject to your acceptance of our Official Rules and Regulations concerning Promotions and Sweepstakes, and any other rules guiding such Promotion (jointly, “Rules”). If these Terms and Conditions contradict or are contradictory with any Rules, such Rules will be given precedence over the Terms and Conditions. Lyrka reserves the exclusive right at its discretion to modify, change, add to, discontinue, or suspend any aspect of the Service at any time, with or without any prior notice.

 

Donations

Besides our Free Alternative Entry Methods, each Promotion allows you to support a featured non-profitable and/or charitable causes (individually, “Charity”) by making a financial donation (individually, a “Donation”). Unless where there is a case of fraud and a legitimate chargeback by the issuer of a credit card, all Donations to Charity are final and non-refundable.

Returns, Refunds, and Exchanges

Your Lyrka Donation is used to support a worthy cause and qualifies you to win remarkable prizes. It goes to Charity and helps them make a real impact. As such, we do not offer any once Promotions are closed. If your Donation is followed by are campaign perk, please be informed that the delivery time is subject to the item; the details of the shipment will be displayed with the product description. Due to the limited nature of all campaign perks, we sincerely express our regret for not being able to provide exchanges. We will only provide a refund to Donations if it is impossible for us to deliver the perk initially promised.

 

Accounts

To access or use certain aspects of the Site and Service, you will be required to create an account or user profile (Account). Eligibility to open Account is restricted to persons that are not less than 16 years of age who have attained the age of majority in their respective country of residence. Creating an account is voided in countries that are listed on the list of embargoed countries by the United States. You consent that all information you submitted to create an account (Account Registration Information are true, accurate and correct, and complete. Please be informed that your failure to provide all necessary information shall be construed as a violation of these Terms and Conditions and may result in immediate termination or discontinuation of your Account. Lyrka is not liable for any damage or loss resulting from your failure to maintain the strict confidentiality of your Account login information (username and password).

 

Account Termination

Lyrka, in its sole discretion, may terminate or cancel your Account, remove all your Account Registration and any other content, information or materials you have provided through the Site (jointly, “User Content”) connected to your account at any time, with or without any reason (including but not limited to your violation of these Terms and Conditions), with or without prior notice. Lyrka reserves the sole right to permanently or temporarily block or restrict your access to the Site and/or the Service if your Account has been terminated or canceled.

 

Site and Service Usage

You consent that you will not, pertaining to your use of the Site, or the Service, breach any relevant regulation or law. Without limiting the preceding, you consent not to;

  1. provide through the Site any User Content that breaches any trademark, copyright, trade secret, patent, or any other right of any party (including rights of publicity or privacy); or
  2. make an effort to forcefully gain unauthorized access to the Site, Accounts, Service, or the computer or network infrastructures that are used in connection to the Site, and sustain the Service.

In addition, you may not use the Site to generate, develop, store, or transmit User Content that:

  1. is harmful, hateful, defamatory, abusive, offensive, or obscene;
  2. can be construed as harassment or a breach of privacy, or threaten other people or entity;
  • breach any relevant law, ordinance, or regulation;
  1. makes any misleading, false, or deceptive representation or statement concerning Lyrka and/or the Site and the Service; or
  2. constitutes pharming, phishing, or impersonates or steals the identity of any other person.

You consent that you will not:

  1. intercept, observe, or otherwise examine any proprietary interaction protocol employed by the Site or Software, whether through the use of packet sniffer, network analyzer, or other technique or device;
  2. engage the use of bot, virus, spider, timer, counter, clock, worm, drop dead device, software lock, Trojan horse routing, time bomb, trap door or any other codes already developed or to be developed in the future, instructions or third-party application that is purposed to offer a means of stealthy or unauthorized access to, or disrupt, damage, disassemble or delete the Site or Software; or
  • employ the use of any software, bot, or any other codes, third-party applications or instructions purposed to grant you automatic access into sweepstakes or that will provide you an unfair advantage over other individuals that have entered the sweepstake manually.

Lyrka does not control the User Content posted on the Site or transmitted via the Site or the Service. As such, we do not guarantee, neither shall we be liable for any defects pertaining to the accuracy, quality, or reliability of any User Content. We are not under any obligation to evaluate, use, or pay compensation to you for any User Content or ideas that you submit or provide on the Site or via the use of the Service.

We are not, neither shall we be responsible for:

  1. to maintain the confidentiality of any comments;
  2. to pay any compensation to you or any third-party for comments; or
  • to reply to any comment.

You are and shall remain exclusively liable for the content of the comments you make.

When accessing the Site or using the Service, you acknowledge and accept that you will obey all applicable laws, including without limitation to the intellectual property rights of others. Your access to the Site and use of the Services shall be governed at all times and subject to copyright laws regarding ownership and the use of the intellectual property. You consent not to download, upload, perform, display, transmit, perform, or otherwise broadcast any content or information that violates third-party’s copyrights, trademarks, or any other intellectual or proprietary rights. You shall be exclusively responsible for any violations of any applicable laws and for any infringements of third-party rights caused by any information or content that you transmit or provide, or that is transmitted or provided using your account. The Site and the Service are provided and operated by Lyrka in the United States. Those who decide, in their own interest to access the Site and/or the Service from places outside the United States, do so in their sole initiative, and as such, they are accountable for their strict compliance with any and all applicable laws.

 

Third-party Services

Lyrka may provide third-party contents, information, services, products, links, or hyperlinks on or via the Site (jointly, “third-party services”). Third-party services are made available for the convenience of the Site users. As such, Lyrka makes no warranties or representations pertaining to any third-party services and accepts no responsibility; neither do we assume any liability for any third-party service. Third-party services are dependent on the applicable terms and conditions, privacy policies, and information practices of the third-party that provided them.

 

Disclaimer of Warranties

THE SITE, THE SERVICE, AND THE SOFTWARE ARE MADE AVAILABLE ON AN ‘AS IS AND ‘AS AVAILABLE’ BASIS FOR YOUR USE WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, TITLE, AND THOSE THAT ARE RELATED TO THE COURSE OF DEALING OR USAGE OF TRADE. AS SUCH, LYRKA MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE ACCURACY, QUALITY, RELIABILITY OR COMPLETENESS OF ANY CONTENT PROVIDED THROUGH, OR THE FUNCTIONALITY OF, THE SITE, THE SERVICE OR THE SOFTWARE. YOU ARE EXCLUSIVELY LIABLE TO CONFIRM ANY INFORMATION BEFORE ACCEPTING IT. YOUR ACCESS TO THE SITE AND USE OF THE SERVICE AND THE SOFTWARE IS AT YOUR EXCLUSIVE RISK. LYRKA DOES NOT GIVE ANY WARRANTY THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE SERVICE OR THE SOFTWARE AT ALL TIMES AND IN ALL LOCATIONS OF YOUR CHOICE; THAT THE OPERATION OF THE SITE, THE SERVICE OR THE SOFTWARE WILL BE ERROR-FREE AND UNINTERRUPTED; THAT ALL DEFECTS WILL BE EFFECTIVELY CORRECTED; THAT THE SITE, THE SERVICE OR THE SOFTWARE WILL BE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

LYRKA GIVES NO GUARANTY OR WARRANTY OF ANY KIND WHATSOEVER THAT THE SITE, THE SERVICE OR THE SOFTWARE WILL MEET YOUR STANDARDS, REQUIREMENTS OR EXPECTATIONS.

Because some jurisdictions or states do not permit the disclaimer of implied warranties, the above disclaimers may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT LAW, UNDER NO CIRCUMSTANCE SHALL LYRKA OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, ALONGSIDE THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS BE RESPONSIBLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS AND CONDITIONS, WHETHER BASED ON CONTRACT, TORT (INCLUSIVE OF NEGLIGENCE), STRICT LIABILITY OR OTHER EQUITABLE OR LEGAL THEORY FOR:

  1. FOR ANY LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS, LOSS OR DAMAGE TO ANY DEVICE, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL, OR EXEMPLARY DAMAGES THAT OCCURRED AS A RESULT OF OR IN ANY WAY PERTAINING TO YOUR ACCESS TO OR USE OF THE SITE;
  2. YOUR USE OR INABILITY TO USE THE SERVICE;

TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT LAW, LYRKA’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY RELATED TO YOU IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

 

Indemnification

You accept to indemnify, defend and hold Lyrka, and its directors, affiliates, officers, employees, and agents, harmless from and against any and all claims, disputes, proceedings, and suits, and all related losses, liabilities, damages, fines, expenses, and costs (including reasonable attorney’s fees) arising in relation to or out of:

  1. your use or misuse of the Site, the Service or the Software;
  2. your violation or suspected violation of these Terms and Conditions, including but not limited to a violation or suspected violation of any warranty or representation by you in these Terms and Conditions.

 

Jurisdiction and Governing Law

These Terms and Conditions shall be interpreted by or construed under the laws of Cyprus, and the law court(s) in Limassol, without any regard to the conflict of the law principles. All disputes or claims arising in connection to your access to the Site and/or use of the Service or Software shall be subject to the exclusive jurisdiction of the federal, state or district courts located in Limassol. As such, you acknowledge and consent to submit to the jurisdiction of such courts.