Last Updated: September 6, 2016
Thanks for using LYDI (a AK CERCLE, Inc. company)! These terms of service govern your access to and use of AK CERCLE websites and services.
AK CERCLE, Inc. hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the AK CERCLE Sites, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service.
You may not permit the AK CERCLE Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the AK CERCLE Sites. All rights not expressly granted to you are reserved by AK CERCLE and its licensors. You shall not (i) modify or make derivative works based upon the AK CERCLE Sites; (ii) reverse engineer or access the AK CERCLE Sites in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the AK CERCLE Site, or (c) copy any features, functions or graphics of the AK CERCLE Sites. You further acknowledge and agree that, as between the parties, AK CERCLE, Inc. owns all right, title, and interest in and to the AK CERCLE Sites, including all intellectual property rights therein.
Unless you are visiting only the public areas of the Site, you are required to register and create an account to use the LYDI Services (“Account”). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the LYDI Service if you provide untrue, incomplete or inaccurate information.
Your Responsibilities: You are responsible for providing the equipment and services that you need to access, download, install and use the LYDI Services. LYDI does not guarantee that the LYDI Services are accessible on any particular equipment or device or with any particular software or service plan.
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with any other person.You will use the LYDI Services only for your internal business purposes and in accordance with applicable laws, rules and regulations.
You are responsible for all of your activities that occur within, through or as a result of your use of the LYDI Services. You agree that you will not use the LYDI Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the LYDI Services if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.
If you use the LYDI Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. LYDI is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.
Except as specifically permitted in these Terms or expressly authorized in writing by LYDI, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the LYDI Services; (b) use any of the LYDI Services in any service bureau arrangement; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the LYDI Services; or (d) permit any third party to engage in any of the acts described in clauses (a) through
You are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the LYDI Services; (x)
decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the LYDI Services; (y) use any means to discover the source
code of the LYDI Services or to discover the trade secrets in the LYDI Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the LYDI Services.
You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the LYDI Services.
Our Responsibilities: LYDI is responsible for providing the LYDI Services in accordance with these Terms and all applicable laws, rules and regulations.
We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the LYDI Services (including Your Content as defined in Section 3 below).
LYDI reserves the right but is not obligated to improve, enhance or modify the LYDI Services. We will notify you in advance of changes to the LYDI Services that may significantly adversely affect the manner in which you use the LYDI
Services or the manner in which the LYDI Services perform.
LYDI is not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, web sites, Software, services and other materials of third parties with which you may interact when you use the LYDI Services (collectively, “Other Services”).
Availability: We use commercially reasonable efforts to make the LYDI Services available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, unscheduled downtime and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures).
Limitations: LYDI Services are subject to other limitations, such as limits on the amount of email tracking, as specified within the LYDI Services or the applicable Order Form(s).
Your Content. The LYDI Services allow you to upload, transmit and use information and other content to and through the LYDI Services (collectively, “Your Content”). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that LYDI will use Your Content to provide the LYDI Services to you. You have or will obtain all rights necessary to provide Your Content to LYDI and you hereby grant LYDI a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for LYDI to provide the LYDI Services to you in accordance with these Terms.
The materials on AK CERCLE, Inc.'s web sites are provided "as is". AK CERCLE, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, AK CERCLE, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall AK CERCLE, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on AK CERCLE, Inc.'s Internet site, even if AK CERCLE, Inc. or a AK CERCLE, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on AK CERCLE, Inc.'s web sites could include technical, typographical, or photographic errors. AK CERCLE, Inc. does not warrant that any of the materials on its web sites are accurate, complete, or current. AK CERCLE, Inc. may make changes to the materials contained on its web site at any time without notice. AK CERCLE, Inc. does not, however, make any commitment to update the materials.
You agree to defend, hold harmless and indemnify AK CERCLE from and against any and all losses, costs, expenses, damages or other liabilities incurred by AK CERCLE arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against AK CERCLE: (a) in connection with your use of the Sites including any payment obligations incurred through use of the Site; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply profile or payment information via the Sites, including personal financial information; (iii) your decision to submit applications; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through the Sites; (viii) any act or omission of yours with respect to the payment of fees to any Contractor; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Contractor. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Any claim relating to AK CERCLE, Inc.'s web sites shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
You agree not to reproduce, duplicate, copy, sell, or resell any of the data made available to you (the "Product") through any AK CERCLE, Inc. service, including LYDI. The Product shall be used for your internal business purposes only, and you shall not use the Products or any software for the benefit of a third party, including reselling or giving away the data.
Taxes and worker status
When signing up as a worker (a "AK CERCLE", "Premier", or "LYDI"), you understand that you are an independent contractor of AK CERCLE and that you assume all liability for proper classification as an independent contractors based on applicable legal guidelines. AK CERCLE, Inc. will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. As a LYDIER, you will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to any work or payment received through the AK CERCLE service. You further agree that AK CERCLE, Inc. is not restricting in any way your rights or ability to perform services through any other crowdsourcing service or any other means.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. Be sure to cancel your account from the Plans and Billing page from within the app to discontinue billing.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You are not eligible for a refund for any reason. You are responsible for canceling your account prior to your next billing date.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions or concerns about our Services or these Terms, you may contact us at:
AK CERCLE, Inc. 575 Madison Ave #25, New York, NY 10022