TERMS AND CONDITIONS
Lyd, LLC maintains the Website and reserves the right to modify or change the Terms and Conditions at any time. Please review the following Terms and Conditions carefully. Please be advised that Lyd, LLC may make periodic changes to these Terms and Conditions, and your continued use of the Website following the posting of changes constitutes acknowledgement of your awareness and acceptance of and agreement to the changes.
2. Intellectual Property Rights
All rights, title, and interest in the Website and the content and the materials contained in the Website (“Website Content”), including all copyrights, trademarks, patents, or other proprietary rights set therein, belong solely and exclusively to Lyd, LLC, its assignees and/or licensors. You are granted a license limited soley to the purpose of viewing Website Content when you use this Website and only if your use does not violate these Terms and Conditions.
You are hereby restricted from any and all of the following activity:
publishing any Website Content, in whole or part, in any other media;
selling, sub-licensing and/or commercializing in any way any Website Content;
publicly performing and/or showing, in whole ore part, any Website Content;
using the Website in any manner that is or may be damaging to the Website or Lyd, LLC;
using the Website in a manner that impacts access by any user of this Website;
using this Website contrary to applicable laws and regulations, or in any manner that may cause harm to the Website, or to any person, living or deceased, or business entity;
engaging in any data mining whatsoever, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in advertising or marketing of any manner.
Parts of this Website are restricted from your use, and Lyd may choose to further restrict access by you to any areas of this Website, at any time, in its discretion.
4. User Content
In these Terms and Conditions, “User Content” shall mean any audio, video, text, images or other material you choose to post or display on this Website or on websites and/or media channels maintained by Lyd, LLC or its assigns or subsidiaries, such as Facebook, Twitter, YouTube, Instagram, Pinterest and/or Snapchat, or other platforms as yet unknown, or in Lyd, LLC emails, e-blasts, newsletters, advertising, promotional and other marketing materials (hereafter known as “Lyd Media Channels”), or that you tag with, or respond to with, using the hashtags #Lyd, #Lydbottle, #LydLyfe, #lyd, #GoodDoers, or any other identifier that points to the Lyd profile in any way. By posting or displaying User Content to the Website or Lyd Media Channels, or by tagging Lyd as described herein, you grant Lyd, LLC a perpetual, royalty-free, non-exclusive, universal, irrevocable, license to use or sublicense, reproduce, adapt, publish, translate and distribute the User Content as well as your name, persona and likeness included in the User Content and your social media account handle, username, profile picture and/or any other information associated with the User Content, in whole or in part, for commercial or noncommercial purposes in any and all media now known or hereafter developed. Lyd, LLC reserves the right to remove any User Content from this Website or from Lyd Media Channels at any time without notice.
You represent and warrant that: (a.) you are at least eighteen (18) years of age and have the full power and authority to agree to these Terms and Conditions; (b.) the User Content is your own original creation and does not contain false or misleading information or infringe the intellectual property rights, privacy rights, or other legal rights of any third party.
You hereby waive any claim of any nature you may have against Lyd, LLC and its assigns for the use of your name, image, and/or likeness, including, without limitation, any use that might be deemed to be a misrepresentation of you, your character, or your person. You acknowledge and agree that you will not receive any payment, royalties or other consideration for S'well’s use or non-use of your name, image, and/or likeness.
Any user ID and password you may have for this Website are confidential. You are responsible for maintaining the confidentiality of your account and password.
5. No Warranties
This Website is provided “as is,” with all faults, and, to the maximum extent permitted by law, Lyd, LLC and its assignees,officers, directors, employees, agents, representatives, subcontractors and suppliers hereby disclaim all warranties of any kind, whether express or implied, as related to this Website or the materials contained on this Website.
6. Limitation of liability
To the maximum extent permitted by law, not Lyd, LLC, nor any of its assignees, officers, directors, employees, shall be held liable for any damages of any type or manner arising out of or in any way connected with your use of this Website or the Lyd Media Channels, under any theory of liability, even should Lyd, LLC have been expressly advised of the possibility of such damages.
To the fullest extent permitted by law, you hereby agree to indemnify and hold harmless Lyd, LLC and its assignees, officers, directors, employees, from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any manner related to your breach of any of the provisions of these Terms and Conditions.
If any provision of these Terms is found to be invalid by applicable law, such provisions shall be held null and void, without affecting the remaining provisions expressed herein.
9. Changes to Terms
Lyd, LLC is permitted to revise these Terms and Conditions at will. It is expected that you shall review these terms upon each use, and agree to the current Terms and Conditions as posted here and updated from time to time. Your use of this Website is hereby acknowledged as your notice of review of these Terms.
Lyd, LLC reserves the right to assign, transfer, and/or sub-contract the rights and/or obligations under these Terms and Conditions without any notice to you. You may not assign, transfer, or subcontract any of your rights and/or obligations described or inferred herein.
11. Entirety of Agreement
These Terms and Conditions constitute the entire agreement between you and Lyd, LLC, in relation to your use of this Website, and supersede any other prior agreements and understandings.
12. Governing Law & Jurisdiction
These Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of California. You hereby submit to the jurisdiction of the State and Federal courts in the County of Los Angeles, State of California, for any resolution of any and all disputes.