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© 2024 Lykstage


Terms of Service


These LYKSTAGE Terms of Service (hereinafter to be referred to as “Agreement”/ “Terms”/ “Service Terms” ) shall be into effect from 20.07.2023(“Effective Date”) and shall apply to all the users of the LYKSTAGE Platform (hereinafter referred to as the “Platform”/ “Service”) who click on “I Agree” below.

This LYKSTAGE Platform is in the sole control of LYK Inc, a company registered under the laws of California, 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) along with the wholly owned subsidiaries based in any of the jurisdictions.

By clicking the “I Agree” button or accessing, using or installing the LYKSTAGE Platform in whole or in part, the User expressly agrees to and consents to be bound by all of the Terms. If the User does not agree to the Terms so put forth, the button indicating “I Disagree” must be selected. The LYKSTAGE Platform will promptly cancel these Terms of Service and block the access to the Services offered in whole.

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. Premium Play Content shall mean and include any Content uploaded by the User for which the other Users shall pay a price, as determined by the Content Creator while uploading the Content, in order to access it.
  6. 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.
  7. 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.
  8. 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 of Service: By accessing and using the website and Platform, the User expressly consents to our Terms of Service. The User has read and understood these terms & conditions in the desired language from a list of 22 (twenty-two) or more languages offered on the Platform. This consent is a legally binding agreement between the User and LYKSTAGE, and it governs the use of services.
  3. Changes to Terms of Service: The Platform reserves the right to modify, update, or change the Terms of Service at any time without any prior notice to users. It is the User responsibility to review the latest Terms of Service regularly to stay informed about any changes.
  4. User Responsibility for Updated Terms of Services: It is User’s responsibility to keep themselves updated with the latest Terms of Service. The continued use of the website and Platform after any modifications to the Terms constitutes acceptance of the revised Terms of Service.
  5. Discontinuation of Use: If the User does not agree with any updated Terms of Service, they have the option to discontinue using the website and Platform. If they continue to use the services after any changes to the Terms of Service, it indicates their acceptance of the revised terms.
  6. Legal Effect of Agreement: The User’s consent to the Terms of Service 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 of Service.
  7. No Waiver of Rights: The failure of LYKSTAGE to enforce any provision of the Terms of Service does not constitute a waiver of such provision or any other provision.
  8. Severability: If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions of the Terms of Service 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 of Service. If the User has any questions or concerns regarding the services or the disclaimer, please feel free to contact the Platform’s Team at legal@lykstage.com. Thank you for using LYKSTAGE.
COMMUNITY GUIDELINES
--- Please click here to view our Community Guidelines
The User hereby unconditionally agrees to the following terms mentioned herein:
  1. Eligibility of the User
    1. Age Limit:
      The user shall be 13 years old or above to use this Platform independently.
    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.
    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
    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
    1. Use of the Service requires access to the internet network and compliance with the appropriate configuration requirements
    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. 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 User shall be given an option to create a User Account as an individual or for a business.
4.2 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
  • Contact details of the business in cases where the User Account is getting created for a business.
  • Age
  • Display/profile picture & Cover picture. If these pictures are found to be in violation of public policy or any of the applicable laws and regulations then the Platform shall have the sole discretion of pulling down such pictures with immediate effect.
  • Preferences of the User in terms of genres on the basis of which videos will be recommended to the User.
  • Accurate Payment and Taxation Information as an when needed.
4.2.1 Upon submitting the above mentioned information, the User shall be asked to create a username and password which may 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.
4.2.2 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.
4.2.3 Upon creation of the User Account, The User shall receive fifteen (15) LYK Coins (US$ 1/- = 50 LYK Coins) being equivalent to US$ 0.30 only. This denomination may change based upon the discretion of the Platform. The same shall reflect in the Earnings and Rewards Section.
4.2.4 Sign In: For sign-in process, the User shall be asked to enter either registered mobile number or E-Mail ID along with the password. The Platform provides an option to allow the Platform to remember the password for making the overall sign-in process convenient.
4.3 Details about the Users can be collected through the following methods:-
  • 4.3.1 Through the Users directly - During the process of user account registration, the User can manually enter and give all the details to the Company.
  • 4.3.2 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, Apple, 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.
4.4 The Types of Users that can register themselves on the Platform:
  • A. Viewers: The Users that shall be primarily viewing content, the Users uploading any content can also be viewers.
  • B. Creators: The Users that shall be creating content. The Users creating content shall also be able to view other Users’ content. The Creators shall be of two types:
    1. Individual Creators, who shall be creating content independently as individuals;
    2. Business Creators creating accounts to represent businesses and different organizations. The Business Creators have to choose their industry while registering with LYKSTAGE.The Business Creators are further divided into two types:
      1. Broadcasting Content Creators: The Business Creators that chose their industry as “Media and Entertainment”. The primary content uploaded by such Users shall be Broadcasting Type of Content. These Users shall have access to avail the Live TV Services of the Platform.
      2. Non-Broadcasting Content Creators: The Business Creators that upload all kinds of content aside from Broadcasting Type Content. It is to be noted that only the Broadcasting Content Creators shall have access to the Live TV Services offered by the Platform.
    All Creators eligible for earnings by the way of rewards must note that their eligibility for the rewards is contingent on the jurisdiction in which their Content will be viewed, this is further elaboratedin the Clause 8 Reward System.
4.5 Purpose of Collection of Data by the Platform:-
  • To determine the User being a genuine User that helps the Platform in identifying any bot or fake accounts being tried to setup right at the registration stage.
  • To be in compliance with the applicable laws of the land that mandates the Platform to collect and store the data.
  • To analyze the User preferences and suggest them the Content that they may like.
  • To provide the data to the affiliated third parties such as the appointed payment aggregator and payment gateways entities so that they can provide their service on the Platform more conveniently.
  • To fulfil taxation and other transparency related obligations as and when they arise.
4.6 Parental Control
  • 4.6.1 Parental control shall be enabled by the parents or the lawful guardians of a user that is less than 13 years of age.
  • 4.6.2 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.
  • 4.6.3 The parents or the lawful guardians shall abide by the usage limit set by the Company in such situation.
  • 4.6.4 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.
4.7 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. Types of 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. The Types of Content that can be viewed and uploaded on the Platform are:
A. Regular:
The User may select this option where the Content is a pre-recorded Content and the same is needed to be uploaded on the Platform. The Regular Content is of the following types:
a) Free Content:
The kind of Content that shall be available to be viewed free of cost and shall be monetized according to the Platform’s reward system. The Free Content can only be viewed or uploaded as long as it meets the Platform’s requirements.
b) Premium Play Content:

The premium fee charged shall be determined at the Content Creator’s discretion. The User may set and change the prices for their Content at their discretion through their User account, though no price changes will apply retroactively.

If the User chooses to charge a premium fee for their content, they shall agree to the following:

  1. No Circumvention: The User agrees to process payments from the viewers only in the manner determined by the Platform. This includes using the third-party payment processing platform (“Payment Processor”) that the Platform hires, and following any other rules specified by the Platform. The User may not circumvent their payment obligations to the Platform by soliciting payment from a viewer outside of the Platform or by using any alternative method to collect premium fees. This includes without limitation receiving payments for their content on the Platform through links to a separate content platform page all together. The User of the Platform shall agree to notify the Platform team immediately if they receive any such offer or solicitation to circumvent their payment obligations by contacting legal@lykstage.com.
  2. Taxes: The User agrees to bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments as the case may be related to their content.
  3. Revenue Share: The User shall receive from the Platform at least seventy-five (75) percent of the total amount charged by the User to the Viewers (the “Revenue Share”) after any amounts deducted by the Payment Processor. The Revenue Share percentage is set between the User and LYKSTAGE during registration of the User Account. The Revenue share percentage is contingent on the following of the User on the Platform.
  4. Revenue Share Payment: During the term of these Terms and Conditions, the Payment Processor shall pay the Revenue Share owed to the Platform on a mutually decided rolling basis as the User processes subscription payments from the viewers. The User agrees to these payments and further agree that all Revenue Share payments are non-refundable.
  5. Information upon Request: The User will provide the Platform with all requested data or information about the User and/or the User uploaded content. This includes all payment and tax identification information, and the User will ensure this information is accurate and up-to-date.
  6. Viewing Premium Content: The User downloading Premium Content shall have it downloaded to their library and shall retain the ability to view it for thirty (30) days after downloading the content post which the User shall have to pay the Premium Fees yet again to access the Premium Play Content. The User shall only have forty-eight (48) hours to view the content after first playing it. After the elapse of the said forty-eight hours the User shall have to pay the Premium Fees yet again to access the Premium Play Content.
  7. Deletion of Premium Content: The User who has uploaded Premium Play Content, the User may request the Platform to delete it at any time after upload of the Premium Play Content. Should the Premium Play Content be rented by another User at the time of such request, the Premium Play Content shall only be taken down immediately after the elapse of the rental period. The Premium Play Content shall no longer be available on the Platform immediately on the day of request but it shall only be taken down post the elapse of all the standing rental periods. The Platform shall also have the right to take down the Premium Play Content without intimation to the User should the Content not be rented by at least five (5) Users for a period of thirty (30) days after the uploading of the Premium Play Content.
c) Password Protected Content:

The User shall have the liberty of uploading password protected Content on the Platform. If a User/viewer intends to watch such Content, the same shall request the User who uploaded on the Platform. When a User clicks on password protected Content, a request message shall pop-up on the screen where the viewer may click on the ‘Request’ option. An intimation shall be received by the User who uploaded such Content on the Platform in the notification section and on their registered Email ID. The User, who uploaded, shall have the discretion to approve such request for the same. The User, setting the password for the Content, shall have the option to share the password with the appropriate User who intends to watch it.

B. Event:

The User may select this option where the User may schedule the upload time of the Content on the Platform. Currently, the User can avail the Live Stream services to upload content under this category.

Live Stream: This option can be availed by any kind of user, i.e., individual or business user where the User can live telecast an event from one device and telecasting the live visuals on the Platform from another device.

Any live streams on the Platform shall be monitored by the Platform. If the Platform finds the content being shown to be violative of any clauses stated herein, applicable laws and regulations, public policy, etc, the Platform shall have the liberty to take strict actions against the User who is uploading such live Content.

When the User is streaming live on the Platform they may not simultaneously live stream or broadcast (“Simulcast”) on any other Service or Platform, meaning any web-based network, platform, or service that supports live streaming of user-generated content, without advance written permission from the Platform. For clarity, the User may Simulcast on mobile-first services that support live streaming. This Section does not apply to non-profit or government entities that are live streaming for non-commercial purposes.

Please note that Live Content does not fall under the monetization scheme of the Platform. Hence, the Content Creator/User uploading such Content shall not be able to generate and collect LYK Coins. Only the viewers of such Content may be able to collect such Coins.

It is also to be noted that the User must send an E-Mail to support@lykstage.com to attain the Platform’s permission to avail the Live Stream Services. The User shall send an email with the subject “REQUEST FOR LIVE STREAM” and elaborate their User ID and their proposed time to Live Stream in the body of the E-Mail. The Platform shall respond to the E-Mail within forty-eight (48) hours of sending the E-Mail.

C. LIVE TV:

This type of content will be available only to the User having a business account that selected the industry of Media and Entertainment on the Platform. The primary format of content on this type of service shall be a broadcasting type content that shall be uploaded by the User. It shall be the sole responsibility of the User to prove ownership of such content. The User shall be bound by the following Conditions for uploading the Live TV Content:



LIVE TV TERMS OF SERVICE

These Terms of Service shall be read alongside LYKSTAGE Terms of Service and Privacy Policy

This LYKSTAGE Platform 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 “LYK” which expression shall include its successors and permitted assigns).

By clicking the “I Agree” button or accessing, using or installing the LYKSTAGE Platform in whole or in part, the User expressly agrees to and consents to be bound by all of the Terms. If the User does not agree to the Terms so put forth, the button indicating “I Disagree” must be selected. The LYKSTAGE Platform will promptly cancel these Terms of Service and block the access to the Services offered in whole.

1. DEFINITIONS

Network: means any entity that shall have an established audio-visual transmission services of a specific genre in the realm of televised medium and wishes to avail the Live-TV Services of the LYKSTAGE Platform.

Service/s: means all the content that will be provided by the Network through the Live-TV Services of the LYKSTAGE.

Affiliate: means any person or entity that directly or indirectly or through one or more intermediaries, controls or is controlled by, or is under common control with a party to this Agreement; and for the purposes of this definition, the term control (including the words controlling or controlled by) shall mean the power to direct or cause the direction of the management and policies of a person or entity whether through the ownership of voting securities, by contract or otherwise.

Content: means each piece of audio and/or video content (including each and every constituent element thereof) as particularly described on Part B.

Channel(s): shall mean and refer to such channel, which is delivered by the Network and/or its Affiliates, the details of which are set forth in Annexure A hereto, and shall include, any SD/HD version, 4K version and any other new versions of such Channel, whether renamed or rebranded subsequently in any manner and any successor channel to the Channel(s) and also includes any channel(s) that will be launched or acquired by the Network and / or its affiliates, after the Effective Date.

Service Subscriber/Subscriber(s): means any direct customer of LYK who is expressly authorized by LYK to receive the Service and actually receives the Service and that is active and in good standing. Any Service Subscriber who receives the Service from LYK or any of its Affiliates: (A) through more than one (1) distribution technology; (B) to more than one type of device; and/or (C) in more than one package of services shall be included in the Service Subscriber count as only one (1) Service Subscriber. LYK shall be entitled to determine, in its sole discretion, whether a particular Service Subscriber is located in a Residential Location, Commercial Location or is a Bulk-Billed Service Subscriber. Notwithstanding anything else in this Agreement to the contrary, the following shall not be considered a “Service Subscriber”:

  1. LYK and/or any of its Affiliates’ test sites;
  2. employees of LYK and/or any of its Affiliates;
  3. any VIP accounts or test sites authorized by LYK at the request of Network (provided that LYK shall not be required to authorize any such accounts or sites);
  4. person who are receiving the Service without LYK’s express authorization (e.g., so-called ‘pirates’ and parties that provide false or misleading information to LYK at the time of account activation); and
  5. person receiving the Service from LYK solely as a function of transport and who are paying Network either directly or through an independent third party.
II. GRANT OF RIGHTS

a) Exclusive, irrevocable, royalty-free, assignable and sub-licensable license and right (but not the obligation) along with all intellectual property rights appurtenant thereto (including without limitation all copyright, trademark, and performing rights that are necessary or desirable to exhibit, display and broadcast the content that is owned by the User).

b) Use and to make available the Content, via the Modes, using the Platform, in the following manner:

c) To reproduce, compile, host, store, cache, archive the Content, on the Platform’s servers for exercising the rights granted under this Agreement;

d) To encrypt and encode the Content with digital rights management mechanisms;

e) Allow seven (7) days catch-up content of the Channel(s) and/or Clips to the Subscriber using the catch-up functionality of the Platform including interactive streaming like stop, start, pause, fast-forward, jump or rewind the Channels and/or Clips on their Device(s);

f) Allow Subscribers to enable recording/downloading any content of the Channel and/or Clips only through mechanism provided on the Platform for subsequent viewing;

g) Permit caching of Channels and/or Clips for delivery through CDN mode;

h) Transmit Clips and/or Channel including the catch-up content on subscription, non-subscription and/or advertisement supported basis;

i) To insert or replace the existing advertisements transmitted in the Channel and/or catch-up content of the Channel and/or Clips with any other advertisements and in this regard the Network shall provide advertisement markers, cue tones, SCTE markers, etc., to enable LYK to place the advertisements in the Channel;

j) Convert the format of the Channel and/or Clips to any other format for exercising the rights granted under this Agreement including a right to down-conversion and up-conversion of the Channel and/or Clips;

k) Do all such incidental and ancillary acts that are required for exercising the rights granted herein, including granting a sub-license to a third party for the limited purpose of exercising any of the above-mentioned rights;

l) Advertise, promote, publicize, market and sell subscriptions of the Platform to prospective Users;

m) Utilize any portion of the Content for purposes of advertising, marketing and promoting the Service as distributed by LYK;

n) Up-convert the Signal from standard definition to high definition;

It shall be the sole responsibility of the User to ensure that the content being uploaded through Live TV is as per the specifications of the Platform and that it does not fall under any of the content that is violative under the guidelines set forth by the Platform.

III. CONTENT OF THE SERVICE
A. Content Requirements; Prohibitions.

Throughout the Term, Network shall ensure that the Service complies in all material respects, at all times, with the Content Description (which Content Description is essential to this Agreement), and shall not contain Content other than as so described in the Content Description unless approved by LYK after sending a mail to the LYK Team at support@lykstage.com. Network agrees that the Service (including any advertisements contained therein unless such advertisements were produced and inserted by LYK) may not, under any circumstance, contain:

i. Advertisements for, or otherwise mention, any distributor of programming services that are not owned and/or operated by LYK and/or its Affiliates or any other programming services that are not carried by LYK;

ii. Programming that, under United States law, rule or regulation is (or in the sole discretion of LYK is likely to be deemed) defamatory, libelous, slanderous or obscene;

iii. Programming that violates or infringes (or in the reasonable judgment of LYK is likely to violate or infringe) any copyright, trademark, right of privacy or literary or dramatic right of any person or entity;

iv. Direct on-air sales programming (infomercials); or

v. Promotion or marketing of “800”, “888”, “900”, or “976” telephone services, or other similar services that bill a caller for placing or confirming the call (other than for the telephone company’s cost of the call).

B. Violative Content.

If LYK, in its sole discretion, determines that:

i. The Service includes or included programming that is prohibited under Section 3.1;

ii. Network has granted or attempted to grant any exclusive rights granted to another person or entity; or

iii. The programming of the Content does not comply with the Content Description set forth in Part B, then LYK may, in addition to any other rights it may have under this Agreement, at law or in equity, elect to:

(a) Retain 100% of the License Fees payable to the Network till date as liquidated damages and not as a penalty, Network recognizing that LYK would be irreparably harmed as a result of such programming and that its damages would be difficult to ascertain; or

(b) Pre-empt any portion of the Service that is prohibited by Section A and replace such pre-empted programming with programming it deems non-violative; or

(c) Immediately suspend or discontinue its performance hereunder including, without limitation, suspending or discontinuing carriage of the Service upon written notice to Network. In the event LYK elects to suspend carriage of the Service, this Agreement shall remain in full force and effect with respect to the rights granted to LYK and only the duties and obligations of LYK shall be suspended until such time as LYK is assured that all the Content available is non-violative in accordance with the provisions of this Section B.

C. Document Delivery.

Upon LYK's request, Network will deliver, or cause to be delivered, to LYK certified copies of all documents (together with certified translations of documents not in the English language) deemed by LYK to be necessary to fully and completely evidence Network’s acquisition of all rights necessary to effect Network’s grant of rights to LYK hereunder. Network will promptly notify LYK in writing if Network has any knowledge of any suit, complaint or claim alleging that the Service or any of its constituent elements infringes or otherwise violate(s) any trademark, copyright or other intellectual property right.

D. Second Service.

Network agrees that it will not use the Service to nest or incubate another programming service within the Service (a “Second Service”), nor will it ‘clone’ the Service into a Second Service by duplicating programming from the Service on to any such Second Service and/or by removing programming from the Service and distributing it on such Second Service.

IV. REPRESENTATIONS AND WARRANTIES
i. By Network

Without limiting and in addition to Network’s other representations and warranties set forth in these Conditions, Network represents and warrants to LYK that:

A. The Network presently owns and will continue to own at all times during the Term all rights necessary to grant LYK and its Affiliates the rights contracted for by LYK under this Agreement, including without limitation all rights necessary to permit LYK and its Affiliates to distribute and broadcast all programming content included within the Service in the Territory in accordance with the grant of rights set forth in Section 2 above;

B. The Network presently has and will continue to have at all times during the Term all rights necessary to grant LYK the right to use Network’s trademarks, service marks, logos and related trade usage as permitted hereunder;

C. The Network and the Service presently are and will remain, at all times during the Term, in full compliance with all applicable laws, codes, rules and regulations, including without limitation all such statutes, laws, rules, regulations and orders enforced, administered, promulgated or pronounced in the United States and in the country or countries in which the content for the Service originated;

D. No programming included as part of the Service will be defamatory, libelous, slanderous or obscene nor will it contain any material that violates or infringes any copyright, right of privacy or literary or dramatic right of any person or entity;

E. No advertising sold or inserted by Network in the Service shall be for, of or concerning any multi-channel video programming service provider or distributor other than LYK;

F. The Network will license and pay for as and when due any and all copyright, royalty or other performance rights payments through to the viewer, including without limitation payments to ASCAP, BMI, SESAC and any other applicable music performance society or other applicable entity with respect to all programming included as part of the Service;

G. The Network will not directly or indirectly grant (or allow any third party to grant) any other programming distributor any rights whatsoever with respect to the Service (or any individual programs contained therein) within the Territory or directly or indirectly assist any third party with the acquisition of any rights to distribute Network Foreign Language programming services;

H. The Network is under no contractual or other legal obligation that shall in any way interfere with its full, prompt and complete performance hereunder;

I. No third party has claimed, or to the best knowledge of Network has, any rights that would be inconsistent with the rights granted to LYK hereunder;

ii. Disclaimer of Warranty

LYK MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER (EITHER EXPRESS, IMPLIED) AND HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY TRANSMISSION OF THE CONTENT (INCLUDING WITHOUT LIMITATION TRANSMISSION BY ANY OF LYK’S AFFILIATES). IF AND TO THE EXTENT THERE IS ANY SERVER OR COMMUNICATION FAILURE FOR ANY REASON WHATSOEVER WITH RESPECT TO SUCH TRANSMISSION, NETWORK AGREES THAT LYK’S LIABILITY, TO THE EXTENT SUCH LIABILITY IS FOUND NOTWITHSTANDING THE FOREGOING DISCLAIMER, SHALL BE LIMITED TO ANY ACTUAL MONEY DAMAGES LYK RECEIVES FROM ANY THIRD PARTY SERVICE PROVIDER SPECIFICALLY ATTRIBUTABLE TO THE PROGRAMMING SERVICE BEING TRANSMITTED.

V. WITH RESPECT TO LYKSTAGE TERMS OF SERVICE

These LIVE TV Terms of Service shall be read alongside the LYKSTAGE Terms of Service and the LYKSTAGE PRIVACY POLICY. These LIVE TV Terms of Service are in no way an exhaustive list of clauses and covenants binding the User nor are they an Entire Agreement and the User availing the Live TV content shall be bound by the LYKSTAGE Terms of Service as a whole.

ii. Uploading Content

For the purpose of uploading Content on the Platform, the User shall have a User Account on the Platform. 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. The User may offer their content for free or may charge a premium fee that the other User shall pay in order to have an access to it.

vi. 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.

vii. 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.

viii. Statutory Rights of the User

a. Edit or Delete the Content

The User shall be given an option to edit the Content uploaded on the Platform. The editing option may be limited to editing or changing the name of the Content, price charged by the User/Creator, description of the Content and thumbnails. 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.

b. Seek Information about the data collected

The User may seek from the Platform as to the data collected and possessed till that date upon serving a request to the same through an E-Mail: support@lykstage.com. The Company shall first review such request and upon the Company’s satisfaction for the request to be genuine, may provide a list of information to such User.

c. Deletion of Data Upon Intimation

The User may request the Platform to delete all the data collected and possessed till that date upon serving a request to the same through an E-Mail:support@lykstage.com The Company, in such situation shall comply with such a request and the User may also seek the copy of said data that is to be deleted.

ix. 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, the Company may suomoto 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.

(d) reported by any User/viewer for any reasons stated in the option of “Report this Video”. Upon any request for deletion received from a User, the Platform may review that Content and solely based upon their discretion, deletion of such Content shall take place.

x. Permissions and Restrictions

The User may access and use the Services as made available, as long as the User complies with these Terms of Service 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.

  • as specifically permitted by the Platform;
  • with prior written permission from the Platform and, if applicable, the respective right holders;
  • 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:

  • prevent or restrict the copying or other use of Content;
  • limit the use of the Service or Content.

c. Access the Service using any automated means (such as robots, botnets, or scrapers) except:

  • in the case of public search engines, in accordance with the Platform’s robots.txt file;
  • with the Platform’s prior written permission;
  • 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:

  • 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);
  • 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);
  • 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. Account Subscription

The User shall have an option to subscribe to other Users’ account whereupon, the User shall receive regular updates about any activity of those Users on the Platform. The User shall receive updates in the notification section.

8. Reward System
8.1 Reward for Signing Up/ Valuation of Lyk Coins:-
    For signing up on the Platform, the User shall receive Lyk Coins as follows:
  1. For the Jurisdiction of United States of America, 50 LYK Coins
  2. For the Jurisdiction of Republic of India, 15 LYK Coins
    The valuation of LYK Coins shall be as follows for the following jurisdiction:
  1. For the Jurisdiction of United States of America, 50 LYK Coins = $. 1/-
  2. For the Jurisdiction of Republic of India, 50 LYK Coins = $. 1/-
8.2 Reward for uploading Content:-

For uploading a Content on the Platform, the User shall receive LYK Coins. Depending on the views received by the Content so uploaded, and the same shall reflect in the ‘Earnings and Reward’ section of the Platform. Such LYK Coins shall be redeemable once minimum of hundred and fifty (150) LYK Coins get collected for the jurisdiction of Republic of India and a minimum of one thousand three hundred (1300) LYK Coins get collected. There shall be necessary obligations, including but not limited to e-KYC, which the User shall perform in order to redeem the amount. If the redemption values are such where the Company have to necessarily deduct the necessary taxes, then it shall be performed without any discrepancy and objection from the User’s side. The above-mentioned denomination and values may change solely upon the discretion of the Platform. It is to be noted that the Users shall not receive any rewards for uploading Live Content on the Platform.

8.3 Reward for viewing Content on the Platform:-

The Users who are watching the Content on the Platform, shall be given LYK Coins per thirty (30) seconds of Content being consumed. 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 order to redeem the LYK Coins collected, the User shall ensure minimum of LYK Coins mentioned above being reflected in the ‘Earnings and Reward’ Section. The values mentioned here may change based upon the sole discretion of the Platform. The User must note that to be eligible for rewards for viewing content, they must view content within the time frame of 00:00 hours to 24:00 hours and will only be able to redeem their rewards for content viewed to the maximum of six (6) hours in a day. These six hours shall not be carried over to the next day and the User shall only be able to avail the reward for the duration viewed within the said six hours.

8.4 Reward for making references:-

In addition, the User shall be rewarded a total of five (5) LYK Coins when the User shares referral link and code pertaining to the Platform with a potential User and such User actually signs up on the Platform. The credit of such LYK Coins shall reflect in the Earnings and Reward only after the other User completes the sign-up process. The eligibility for the monetization of the content uploaded, by any creator but by the broadcasting content creator and availing the rewards only extends to videos that have the duration of or greater than Three (3) Minutes. Any content below this threshold shall not be monetized by these Terms of Service. Meaning no User shall be eligible to avail rewards for the content under this threshold.

8.5 Reward to be paid in Advance:

The users having a verified profile, a minimum number of followers and a minimum number of uploaded content, as specified by LYKSTAGE, may be eligible for receiving LYKcoins in Advance. The advance amount will be deducted from the creator’s future total earnings on the LYKSTAGE until it is fully adjusted. The Creators receiving LYK coins in advance will not be able to delete the videos for which they received advance LYK coins or close their accounts until the advance amount is fully recovered. The said Creators will only be eligible for redemption after the full advance amount is adjusted.
The eligibility of the creators for receiving the reward in Advance shall be at the sole discretion of LYKSTAGE and the same may be revised without a prior notice.

8.6 TO BE NOTED BY THE USERS
  1. The Users must note and understand that the rewards earned by them shall be subject to the jurisdiction that they reside in.
  2. Regardless of the mode by which the Rewards are earned, the User can only redeem the LYK Coins earned through the “Earnings and Rewards” section of the Platform. The minimum number of LYK Coins required for redemption would be Hundred (100) LYK Coins.
  3. All the payment of the reward shall take place through the payment details given by the User while creating an account. The Company holds an undisputed liberty to amend the rules and policies of the reward system. The Platform shall authorize the Payment Processor for the redemption activity.
  4. It is to be noted that the User must be registered to be eligible to avail the rewards. If the User is not registered with the Platform, they will not be able to avail any rewards.
  5. It is to be noted that the eligibility for the monetization of the content uploaded, by any creator but by the broadcasting content creator and availing the rewards only extends to videos that have the duration of or greater than Three (3) Minutes. Any content below this threshold shall not be monetized by these Terms of Service. Meaning no User shall be eligible to avail rewards for the content under this threshold.
  6. It is to be noted that the eligibility for monetization of the content uploaded by Broadcasting content creator and availing the rewards only extends to videos that have the duration of or greater than Thirty (30) seconds. Any content below this threshold shall not be monetized by these Terms of Service. Meaning no User shall be eligible to avail rewards for the content under this threshold.
  7. The Company reserves the right to withhold the Rewards of any User that attempts to claim the rewards unfairly by the use of any unfair means, which shall include without limitation, spams, scams, impersonation, use of fake accounts made by the User themselves or the use of bot accounts.
  8. It is to be noted by all Users that they have to provide their accurate Tax Information during the encashment of the Rewards and such information may be subject to verification by the Platform or the Company.
  9. The User must note that the Platform shall have the right to permanently hold back the rewards from the User if it is found that the User is fraudulently attempting to or is changing their jurisdiction using unauthorized VPN means and alike to manipulate their earnings/rewards.
  10. It is to be noted by the Creators that if their content is viewed in a country or a territory outside the jurisdiction in which the content was uploaded, their earnings by the means of rewards shall be subject to the following two factors:
    1. If the Platform has enabled the facility of registration for the User viewing the Content in the said territory, the earnings of the Creators by means of the rewards shall be as accordance to the jurisdiction in which the content has been viewed in.
    2. If the Platform has not enabled the facility of registration for the user viewing the Content in the said territory, the watch time of such a User shall not be considered and the Creator shall not receive any earning by means of rewards.
  11. The User must note that the minimum fee deduction at the first instance of cashing in rewards is only for verification purposes. Once the User’s details are verified, the User shall no longer require to pay the said deduction to the Platform or the API.
9. Reservation of Rights

The User acknowledges and agrees 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 these Terms of Service 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.

10. Cookies

10.1 Cookies are pieces of data/information regarding our Platform that is stored on the User’s device through which the Platform is accessed.

10.2 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.

10.3 The basic objective of Cookies is to improve the experience of the User while using the Services provided on the Platform.

10.4 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.

11. Privacy Policy

11.1 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.

11.2 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.

11.3 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.

11.4 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.

11.5 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.

11.6 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.

12. IPR

12.1 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.

12.2 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.

12.3 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.

13. Copyright Policy

13.1. 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.

13.2. Copyright Infringement Policy:

a. The Platform takes copyright infringement seriously and will respond to valid copyright infringement notices in accordance with applicable laws.

b. It is the responsibility of the User to ensure they own the copyright of the content that they upload.

c. 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:

  • A description of the copyrighted work that is claimed to have been infringed.
  • Information about the location of the allegedly infringing content on the platform.
  • User contact information, including name, address, telephone number, and email address.
  • 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.
  • 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.

d. The Platform reserves the right to stop the monetization of the content that has been flagged for copyright violation till the infringement matter is resolved. In case the User wishes to lift the restriction on their content, they must furnish proper documentation to prove their ownership of the copyright of the content to the below mentioned email address. The Platform’s team shall examine such documents and provide their assessment on the same.

e. The Platform will inform the allegedly infringing User of the copyright claim against them, if such a User does not respond within 14 days, the Content uploaded by them will be taken down immediately and all their monetization shall be ceased immediately.

f. In case a Copyright Infringement is found to be true the User shall indemnify, defend, and hold harmless the Platform and the Company from any action taken by a third party.

g. In case the User uploads content to which they do not own the copyright, the Platform shall pay the original owner the proceeds generated from the content.

h. The User can contact our Copyright Agent team at the email address ip@lykstage.com.

13.3. 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.

13.4. 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.

13.5. 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. Such actions shall be taken only after a thorough review by the Platform of such Content and any discussionpertaining to removal shall be final.

13.6. Copyright Education and Awareness:

The platform may offer educational resources and materials to help users understand copyright laws and intellectual property rights.

13.7. 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.

LYKSTAGE COPYRIGHT CLAIM PROCEDURE
  1. OVERVIEW
  2. 1.1. This policy ensures a fair and systematic approach to handling copyright claims on the LYKSTAGE platform, protecting the rights of all parties involved.

    1.2. Any User who uploads Content on Lykstage must ensure that they have made the Content themselves.

    1.3. Alternatively the user must ensure that they have taken the necessary written permissions and authorizations from the original owner of the Content or elements that are present in the Content which shall include without limitation, Music, Video Clips, pictures, art works and so on.

    1.4. If any person believes that their Copyrighted work has been infringed due to any Content that was uploaded on the Lykstage Platform they may submit their claim over the allegedly infringing material (hereinafter referred to as the “Claim”) through the procedure stated herein.

    1.5. The Claim shall only be submitted by a Person claiming to own the copyright to the Content uploaded or a person holding a valid letter of authorization to act on behalf of the person making the claim.

    1.6. The Person submitting the claim shall hereinafter be addressed as the “Claimant” and the Person whom the claim is made against shall be called the “Respondent”

    1.7. Both the Claimant and the Respondent must note that their contact information may be shared to the other party for mutual resolution of the dispute regarding the copyright on request of either party.

  3. REQUIREMENTS BEFORE SENDING THE CLAIM
  4. 2.1. The Claimant must ensure that the allegedly infringing Content does not fall within the Copyright Exceptions such as Fair Use. It is the responsibility of the Claimant to be familiar with the relevant Copyright Laws. Lykstage shall not take any action if the Content is found to be within the said exceptions.

    2.2. The Claimant shall be bound by the Lykstage Terms of Service and the Lykstage Privacy Policy during the process of submission and resolution of the claim. It is the responsibility of the Claimant to ensure that they are familiar with all the Policies of the Lykstage Platform.

    2.3. The Claimant must ensure that they are able to maintain a line of communication with Lykstage Content Moderation Team throughout the procedure.

    2.4. The Claimant will also get an order for cease and desist from the Court of competent jurisdiction against the Respondent at their own cost.

    2.5. The Claims shall only apply to the following types of the content:

    2.5.1. Logos

    2.5.2. Audio recordings

    2.5.3. Cover photos

    2.5.4. Other static images

    2.5.5. Video content

    2.6. The Claimant must ensure that they have an account on the Lykstage Platform and have uploaded their infringed Content before the Respondent on the Lykstage Platform before making the Claim.

    2.7. The Claimant must note that:

    2.7.1. If the Claimant is submitting a claim with regard to the Video Content and such video content is a feature length film, documentary, television series, web series that has been infringed in its entirety only, the condition under Clause 2.6 shall not apply while submitting the claim. The Claimant must further note that such Content must be paid content or content available subject to subscription of a service on any platform.

    2.7.2. Lykstage shall have the right to verify if such Content falls under the provisions of the above clause 2.7.1 and accept or reject a claim at their discretion.

    1.1.1.1. The Claimant must note if the said content is available for free on any platform or is being displayed by the Respondent in parts, fragments, clips then the condition under clause 2.6 shall be applicable.

  5. SUBMISSION OF CLAIM
  6. 3.1. The Claimant shall send their Claims by the means of E-Mail to the E-Mail Address: ip@lykstage.com with the subject : “COPYRIGHT CLAIM AGAINST [THE LYKSTAGE USER NAME OF THE RESPONDENT]”

    3.2. The E-Mail must include the following:

    3.2.1. The Claimant must include the statement “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” In their Claim.

    3.2.2. The Claimant must provide the full description of the allegedly infringing Content as well as the link to access it on Lykstage. The Claimant must also describe how the Content infringes their copyright.

    3.2.3. The Claimant must provide full information on their own work or content and, if possible, provide a link to that as well

    3.2.4. Sufficient information to contact the Claimant, such as an address, telephone number, and E-Mail Address.

    3.2.5. A statement that the information in the Claim is accurate, and under penalty of perjury, that Claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  7. EVIDENCE TO BE SUBMITTED
  8. 4.1. The Claimant must submit the detailed evidence of the ownership of the allegedly infringing Content. The Evidence to be submitted by the Claimant shall include without limitation:

    4.1.1. The Evidence of Ownership which may include without limitation a Copyright Certificate or a documentary proof of the creation date of the allegedly original Content in any form.

    4.1.2. A copy of the Court order for cease and desist from the Court of competent jurisdiction against the Respondent.

    4.1.3. An attached copy of the Content allegedly owned by the Claimant and a link to the Respondent’s content.

    4.1.4. A digitally signed copy of the authorization document for the agent to act on behalf of the Claimant

    4.2. Any Claimant and all the Users of the Lykstage Platform must note that Lykstage shall have the right to request further documents and evidences.

  9. REVIEW AND ACTION
  10. 5.1. Upon the receipt of the Claim, Lykstage shall, within forty-eight (48) hours review the provided evidence and verify all the details provided by the Claimant. Lykstage may request for further documentary evidence at their own discretion.

    5.2. Lykstage shall suspend the monetization on the Content until the Claim is resolved.

    5.3. Lykstage shall take appropriate measures based on the findings. If Lykstage finds the Claim by the Claimant legitimate, the following action shall follow:

    5.3.1. The Respondent shall be notified by Lykstage to voluntarily delete the Infringing Content within the time period of fourteen (14) days to prevent a strike to appear on their record.

    5.3.2. The Respondent may either remove their content within fourteen (14) days or provide a counter-claim in response.

    5.3.3. If the Respondent does not respond in the prescribed time, the Content shall be permanently removed by Lykstage and all the uncashed Rewards shall be lost forever.

    5.3.4. If the Respondent Sends a Counter-Claim, Lykstage shall examine the same immediately.

    5.4. If Lykstage does not find the Claim legitimate, the monetization of the Content shall be resumed immediately and the Claimant shall be informed by the Lykstage and action shall be taken accordingly.

  11. COUNTER CLAIM
  12. 6.1. The Respondent may file a Counter-Claim against the Claimant within fourteen (14) days after receiving the notification from Lykstage.

    6.2. The Respondent may send a Counter-Claim after the Content is taken down due to mistake or misidentification.

    6.3. The Counter-Claim shall be sent by E-Mail to the E-Mail Address ip@lykstage.com with the subject : “COPYRIGHT COUNTER-CLAIM FOR [THE LYKSTAGE USER NAME OF THE RESPONDENT]”

    6.3.1. A written statement that the Respondent has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.

    6.3.2. Complete details of the disabled material and its previous location on the Lykstage Platform

    6.3.3. Documentary evidence that the Respondent owns the Copyright to the removed material

    6.3.4. The Respondent’s name, address, phone number and email address.

    6.3.5. A proper signed letter of authorization to allow an agent to act on behalf of the Respondent.

  13. CONSEQUENCES OF COPYRIGHT CLAIM
  14. 7.1. During the process of Review by the Lykstage Platform, the monetization of the allegedly infringing content shall be suspended.

    7.2. If the Claim is found to be valid, the Content shall be removed and a warning notification shall be given to the Respondent.

    7.3. If the Respondent has been sent more than three such notifications, the Lykstage account of the Respondent shall be permanently disabled.

    7.4. The Lykstage platform shall disable all the rewards that are uncashed by the Respondent once the content is removed.

    7.5. The Claimant may request the Lykstage Platform by sending an E-Mail to ip@lykstage.com to prevent the re-upload of the Infringing Content by the Respondent.

  15. RETRACTION OF CLAIM
  16. 8.1. The Claimant or the Respondent may retract their Claim or Counter-Claim at any time of the process by sending an E-Mail to the E-Mail Address ip@lykstage.com .

  17. DISPUTE RESOLUTION
  18. 9.1. If there is no conclusive outcome of the review process and the evidence provided is inconclusive, Lykstage Platform shall notify, at their discretion, both the parties to resolve the dispute themselves.

    9.2. The said notification shall not construe any award, judgment or conclusion in the dispute between the parties.

    9.3. The Lykstage Platform shall not be subject to any dispute resolution process between the parties.

    9.4. The Content which is the subject matter of the Claim shall remain on Lykstage, however it shall not be monetized.

  19. MISCELLANEOUS
  20. 10.1. The Claimant shall only make one claim against one Respondent. The Claimant shall not make a claim against multiple respondents in the same claim.

    10.2. This policy ensures a fair and systematic approach to handling copyright claims on the LYKSTAGE platform, protecting the rights of all parties involved.

    10.3. All Copyright Claims shall be according to Copyright laws prevailing in the relevant territory as the case may be.

    10.4. Lykstage shall not be responsible for any dispute between the Parties not shall Lykstage has any responsibility to mediate or arbitrate such disputes.

14. Warranties of the User

14.1 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.

14.2 The User agrees to having read and understood all the terms stated herein in this Agreement.

14.3 The User warrants that the details provided herein are correct and accurate to the best of the User’s knowledge.

14.4 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.

14.5 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.

14.6 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.

14.7 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.

14.8 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 agrees 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.

14.9 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.

15. Rights of the Company

15.1 To store and process the information of the Users for providing better services, rights to alter any of the provisions mentioned herein.

15.2 To terminate the user account of a user if found violating any of the provisions mentioned herein.

15.3 To pull down videos from the Platform if found against the terms mentioned herein.

15.4 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.

16. Spam, Deceptive Practices and Scam Policies

16.1 The Platformdoes not allow spam, scams, or other deceptive practices that take advantage of other Users, Content Creators and Viewers. The Platform also don’t allow content where the main purpose is to trick others into leaving LYKSTAGE for another site.

16.2 If the User finds content that violates this policy, they are urged to report at this link [Report button link]. If Userfinds a few videos or comments that they would like to report, they can report the channel using the aforementioned link.

For the Users Uploading Content

16.3 Do not post content on the Platform if it fits any of the descriptions noted below:

16.3.1 Video Spam: Content that is excessively posted, repetitive, or untargeted and does one or more of the following:

  • 16.3.1.1 Promises viewers they'll see something but instead directs them off site.
  • 16.3.1.2 Gets clicks, views, or traffic off LYKSTAGE by promising viewers that they’ll make money fast.
  • 16.3.1.3 Sends viewers to sites that spread harmful software, try to gather personal info, or other sites that have a negative impact.

16.3.2 Misleading Metadata or Thumbnails: Using the title, thumbnails, description to trick users into believing the content is something it is not.

16.3.3 Scams: Content offering cash gifts, “get rich quick” schemes, or pyramid schemes (sending money without a tangible product in a pyramid structure).

16.3.4 Incentivization Spam: Content that sells engagement metrics such as views, likes, comments, or any other metric on LYKSTAGE. This type of spam can also includes content where the only purpose is to boost subscribers, views, or other metrics.

16.3.5 Comments Spam: Comments where the sole purpose is to gather personal info from viewers, misleadingly drive viewers off LYKSTAGE, or perform any of the prohibited behaviors noted above.

16.3.6 Repetitive comments: Leaving large amounts of identical, untargeted or repetitive comments.

16.3.7 3rd party content: Live streams intended to stream content that belongs to somebody else and are not corrected after repeated warnings of possible abuse. Channel owners should actively monitor their live streams and correct any potential issues in a timely manner.

16.4 The Users are allowed to encourage viewers to subscribe, hit the like button, share, or leave a comment.

16.5 If the content violates this policy or any other policy, clause or covenant in these Terms and Conditions, the Platform may suspend the violating User’s monetization through the Reward System or terminate their or account.

16.6 Remember these are just some examples, the User is encouraged not to post any such content which may violate this Policy.

17. Impersonation Policy

17.1 Content intended to impersonate a person or channel is not allowed on LYKSTAGE. The Platform also enforces trademark holder rights. When a User Account, or content uploaded in the User Account, causes confusion about the source of goods and services advertised, it may not be allowed.

17.2 If you see content that violates this policy, report it using the following link [Insert Report Link]. If the User feels that theirs or another User’s channel is being impersonated, or any User is using such means of impersonation to create fake engagement they can report the Account.

For the Users Uploading Content

17.3 Do not post content on LYKSTAGE if it fits any of the descriptions noted below:

17.3.1 Account impersonation: An Account that copies another Account’s profile, background, or overall look and feel in such a way that makes it look like someone else's Account. The Account does not have to be 100% identical, as long as the intent is clear to copy the other Account.

17.3.2 Personal impersonation: Content intended to look like someone else is posting it.

17.3.3 Fan Accounts: If any User operates a fan account, they are encouraged to make sure they state so explicitly in their Account name. It should be obvious to their viewers that their channel doesn't represent the original creator, artist or entity their channel is celebrating.

18. Fake Engagement Policy

18.1 LYKSTAGE doesn’t allow anything that artificially increases the number of views, likes, comments, or other metrics either by using automatic systems or serving up videos to unsuspecting viewers or the use of Bot Accounts. Also, content that solely exists to incentivize viewers for engagement (views, likes, comments, etc) is prohibited.

18.2 LYKSTAGE reserves the right to terminate and remove the account if the User is found committing any action that is contrary to the provisions of this policy.

18.3 If the User hires someone to promote their account, their decisions may impact the User’s Account. Any method that violates our policies may result in content removal or Account termination, whether it's an action taken by the User or someone hired by the User.

18.4 The Platform considers engagement to be legitimate when a human user’s primary intent is to authentically interact with the content. The Platform considers engagement illegitimate, for example without limitation, when it results from coercion or deception, or when the sole purpose of the engagement is financial gain.

18.5 If the User finds content that violates this policy, the User is encouraged to report it using the following link [Insert Report Page link]. If the User has found a few videos or comments that they would like to report, they can report the channel.

For the Users Uploading Content

18.6 Do not post content on LYKSTAGE if it fits any of the descriptions noted below:

  • Links to or promotes third-party services that artificially inflate metrics like views, likes, and subscribers.
  • Content linking to or promoting third-party view count or subscriber gaming websites or services.
  • Offering to subscribe to another creator’s Account only if they subscribe to their Account.
  • Content featuring a creator purchasing their views from a third party with the intent of promoting the service.
  • Any Account created by the Creator themselves to engage with their own content.
  • This policy applies to videos, video descriptions, comments, live streams, and any other LYKSTAGE product or feature. Keep in mind that this isn't a complete list.

18.7 If the User content violates this policy, the Platform will remove the content and send the User an email to let you know. If it cannot be verified that the link posted by you is safe, the Platform may remove the link.

18.8 If this is the User’s first time violating these Terms and Conditions, they will likely get a warning with no penalty to their channel. If it’s not, then the Procedures laid down by the Content Moderation Clause will take effect.

18.9 The Platform may terminate the account for repeated violations of the Community Guidelines or Terms of Service. The Platform may also terminate the account after a single case of severe abuse, or when the Account is dedicated to a policy violation.

19. Advertisements

19.1 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.

19.2 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:

  • Pornographic websites.
  • Websites or apps that install malware.
  • Websites or apps used for phishing information.
  • Websites or apps that give unauthorized free access to content.
  • Websites that raise funds for criminal or terrorist organizations.
  • Websites containing Child Sexual Abuse Imagery.

19.3 The Company complies with all the Applicable laws of land in which the advertisement services are provided on the Platform.

20. Payment Terms

20.1 The Company shall be at a discretion to use third party services of payment aggregators and payment gateways for the payment mechanism.

20.2 Such third parties may deploy their cookies on the Platform in order to provide better payment services and mechanisms.

20.3 The User shall be able to select one of the payment options and shall enter the necessary and correct payment details.

20.4 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.

20.5 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.

21. Term, Account Termination and Suspension

21.1 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.

21.2 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.

21.3 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.

21.4 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.

21.5 If you post content that encourages other users to violate our Terms of Service, the content may be removed, your account may be penalized, and in some cases your account may be terminated.

21.6 If the User is found posting content previously removed for violating this Terms of Service or content from creators with a current restriction, or content from creators who have been terminated is considered circumvention under our Terms of Service.Ifthe User posts such content, it may be removed, and your Account may also be penalized or terminated. This may also apply to other Accounts you own.

22. 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.

22.1 Prohibited Content: The Platform strictly prohibits 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.

22.2 Moderation Process: The Platform employs a combination of automated tools and human moderators to review and assess user-generated content. The Platform’s content moderation team is trained to apply the guidelines consistently and fairly.

22.3 User Reporting: The Platform encourages users to report any content that they believe violates the guidelines or community standards. Reports can be submitted through various channels, including the report button or flagging option available on each post, the Platform’s dedicated reporting form, or by sending an email to the support team at legal@lykstage.com. Anonymity will be respected throughout the reporting process.

22.4 Swift Action: Once reported, the content moderation team reviews the content promptly and takes appropriate action within 24 hours, including content removal, warnings, account suspension, or termination.

22.5 Confidentiality and Privacy: The Platform respects user privacy and handles all reports with utmost discretion. While the Platform strives to keep user identities confidential, disclosure may be necessary in certain instances to investigate and resolve reported issues properly.

22.6 Appeal Process: Users have the right to appeal content removal or account actions. Appeals can be submitted via email to legal@lykstage.com. The Platform’s Content Moderation team will review appeals and act accordingly.

23. Anti-Money Laundering Policy

The Company is in compliance with all the applicable laws of Anti-Money Laundering of the land in which the Services are being provided.

The Company strictly condemns all acts of Money Laundering and any User found to be committing any acts which fall under the purview of Money Laundering which causes damage to the Company or any third party, shall be persecuted as per the clauses and covenants of these Terms and Conditions.

Any and all kind of charges levied on the Users by any Third Party or other User of the Platform shall be the responsibility of the User alone and User shall bear all the costs and charges that shall be applicable, the Platform or the Company shall in no way be responsible legally or financially for such actions by the Users.

24. Communication

By creating an account on the Platform, the User agrees to receive communications from us including e-mails, messages, texts, calls, notifications, WhatsApp Messages, 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.

25. 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.

26. Third Party Links

26.1 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.

27. Indemnity

The user shall indemnify and hold harmless the Company and its affiliates for violating any of these provisions stated herein.

28. Survival Clause

Upon termination of this Notice, the following clauses shall remain in force:-

  • Eligibility of the User
  • Cookies
  • Privacy Policy
  • IPR
  • Indemnity
29. Severability

If any part of these Conditions has been declared as illegal, the other parts of this Agreement shall remain in force.

30. 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.

31. About the Agreement

31.1 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.

31.2 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.

31.3 If the User does not agree to the new terms, they may choose to remove any Content they uploaded and stop using the Service.

31.4 If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

31.5 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.

31.6 Any dispute with respect to any clauses, covenants or statements in these Terms of Service shall be dealt with as per the laws of California regardless of the location or territory that the User resides in.

32. 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.

33. 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: Legal Department
  • E-Mail ID: legal@lykapp.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 with by the state and federal courts in New York, NY, USA, and each party will be subject to the jurisdiction of those courts.



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