Last Revised: September 15, 2020
lyntek store is a platform for boosting and supporting lead investments on equipments, materials and services to Brazilian Oil&Gas E&P. We make it easy for companies to safely set a professional yieldy presence on such competitive and sensitive marketplace.
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. lyntek offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at firstname.lastname@example.org.
1.1. Our Purpose
Our services offer our users the ability to ease a presence on Brazilian Oil&Gas E&P industry for supplying safely and profitably equipments, materials and services to that business on such venue, delivering content, coaching and ideas for our clients have full success and an overall great experience with us getting that venture. As detailed below, we offer our users adequate tools and features for doing that.
1.2. Legal Agreement
The lyntek store Terms constitute a binding and enforceable legal contract between lyntek, LLC and its affiliated companies and subsidiaries worldwide (“lyntek”, “us” or “we”) and you in relation to the use of any lyntek store Services - so please read them carefully.
1.3. User Account
In order to access and use certain sections and features of the lyntek store Services, you must first register and create an account with lyntek store (“User Account”).
If anyone other than yourself accesses your User Account’s settings, they may perform any actions available to you (unless as specifically stated otherwise on the lyntek store Services), make changes to your User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the lyntek store Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
lyntek will consider the owner of a User Account created to the relevant lyntek store Service, as the person or entity who has access to the e-mail address then listed in lyntek store’s records for such User Account created.
If any Paid Services (as defined in Section 5 below) were purchased via a User Account, lyntek will consider the owner of such User Account may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”).
Notwithstanding the forgoing, lyntek shall have the right to determine the ownership of User Account, including by ignoring the indications set forth above, in event lyntek deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by lyntek.
Therefore, to use certain of our services, you need to create a user account. You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings. All activities that occur under your user account or website are your responsibility. The account information you provide us must be your own (or your company’s), and be accurate and complete. When a user account is disputed, we may determine the ownership of such user account.
2. Your Obligations
2.1. You represent and warrant that:
you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the United States of America (USA), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the lyntek store Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the lyntek store Terms;
you are not a resident of (or will use the lyntek store Services in) a country that the U.S. government has embargoed for use of the lyntek store Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that Lyntek does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Account, and you will adhere to all laws applicable thereto.
2.2. You undertake and agree to:
fully comply with all applicable laws and any other contractual terms which govern your use of the lyntek store Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the lyntek store Services which occur under your User Account (including for any consequences of accessing, importing, downloading, copying, using such content on or with respect to the lyntek store Services);
regularly and independently save and backup any of your User Account and the information that is being processed by you regarding your User Account, and any applications and/or Third Party Services used by you;
receive from time to time promotional messages and materials from lyntek or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
lyntek’s sole discretion as to the means, manner, and method for performing the lyntek store Services, including those regarding the transmission, publication and/or display of any resources (including the inclusion and presentation of any advertisements or other commercial content with respect thereto);
lyntek shall have the right to offer the v Services in alternative price plans and impose different restrictions as for the download and use of the lyntek store Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, number of subscribers, etc.
2.3. You agree and undertake not to:
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the lyntek store Website, the lyntek store Services (or any part thereof), any content offered by lyntek or Third Party Services for use and display and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without lyntek’s prior written and specific consent and/or as expressly permitted under the lyntek store Terms;
submit, transmit or display any content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of lyntek or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action for other websites, third parties, software or services;
publish and/or make any use of the lyntek store Services or Licensed Content on any website, media, network or system other than those provided by lyntek, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the lyntek store Services, Licensed Content, except as expressly permitted by lyntek, in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the lyntek store Services (or its data and/or content), or in any way reproduce or circumvent the navigational structure or presentation of any of the lyntek store Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the lyntek store Services;
act in a manner which might be perceived as damaging to lyntek’s reputation and goodwill or which may bring lyntek into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Lyntek and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the lyntek store Services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to lyntek;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that lyntek or any third party endorses you, your business, or any statement you make;
reverse look-up, trace, or seek to trace another User of lyntek store Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the lyntek store Services without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the lyntek store Services, the account of another User(s), or any other systems or networks connected to the lyntek store Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the lyntek store Services or any network connected to the lyntek store Services;
upload to the lyntek store Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the lyntek store Services or lyntek’s systems or networks connected to the lyntek store Services, or otherwise interfere with or disrupt the operation of any of the lyntek store Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the lyntek store Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
access to lyntek store Services, User Accounts, Licensed Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces;
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or lyntek store Services, except as expressly permitted by the lyntek store Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the lyntek store Services and/or Licensed Content;
violate, attempt to violate, or otherwise fail to comply with any of the lyntek store Terms or any laws or requirements applicable to your use of the lyntek store Services;
access or use the lyntek store Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any lyntek store Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such lyntek store Services.
3. Content and Ownership
3.1. lyntek’s Intellectual Property
All rights, title and interest in and to the lyntek store Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the lyntek store Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to lyntek.
The lyntek store Terms do not convey any right or interest in or to lyntek’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the lyntek store Terms constitutes an assignment or waiver of lyntek’s Intellectual Property rights under any law.
In addition to the above, certain fonts made available to you within the lyntek store Services, are licensed to lyntek by a third party provider, and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.oilgas.lyntek.store/terms-of-use.
3.2. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the lyntek store Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by lyntek. By providing such Feedback to lyntek, you acknowledge and agree that it may be used by lyntek in order to: (i) further develop, customize and improve of the lyntek store Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized lyntek-related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which lyntek may use to provide and improve its services, (vi) to enhance lyntek data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to lyntek any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
4.1. Type of information collected
We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
4.2. How information is collected
When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
4.3. Why such personal information is collected
We collect such Non-personal and Personal Information for the following purposes:
to provide and operate the Services;
to provide our Users with ongoing customer assistance and technical support;
to be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
to create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
to comply with any applicable laws and regulations.
4.4. How site visitors' personal information is stored, used, shared and disclosed
lyntek store is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
4.5. How site visitors are communicated
We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.
4.6. How cookies and other tracking tools are used
to provide a great experience for visitors and customers;
to identify registered members (users who registered on site);
to monitor and analyze the performance, operation and effectiveness of the platform;
to ensure our platform is secure and safe to use.
Please check here the host Wix.com guidelines for cookies.
4.7. How site visitors can withdraw their consent
If you don’t want us to process your data anymore, please contact us at email@example.com.
4.9. Questions and contact information
If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at firstname.lastname@example.org.
5. Service Fees
5.1. Paid Services
The use of certain lyntek store Services may be subject to payment of particular fees, as determined by lyntek in its sole discretion (“Paid Services” and “Fee(s)”, respectively). lyntek will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
lyntek reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, lyntek shall have the right to automatically and without notice renew your subscription to such lyntek store Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by lyntek. To the extent permitted by law (and unless specified otherwise by lyntek in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the lyntek store Services, or to any payments or purchases made by you. If lyntek store is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). lyntek is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize lyntek (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries lyntek or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You must keep a credit card stored with lyntek to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, lyntek will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, lyntek will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
You may turn-off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting lyntek Support Center.
Anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the lyntek store Services you use (whether or not such lyntek store Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any lyntek store Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any lyntek store Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against lyntek in relation to the discontinuation of any lyntek store Services or Third Party Services, for whatever reason.
5.4. Money-Back Guarantee
If you are not satisfied with lyntek store Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such lyntek store Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of lyntek store services as offered on the lyntek store Website. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of lyntek store Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If lyntek receives such notice within such Refund Period, lyntek will refund to you the amount lyntek charged you for such lyntek store Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. lyntek will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any lyntek store Services actually received, as permitted by law.
Please note: Certain services purchased on or through the lyntek store Services may be non-refundable. These include Third Party Services such as business tools and applications. The terms of each purchased service or application are indicated on the lyntek store Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. lyntek will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your lyntek store account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the lyntek store Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the lyntek store Services will not resume until you re-subscribe for any such lyntek store Services, and pay any applicable Fees in full, including any fees and expenses incurred by lyntek and/or any Third Party Services for each Chargeback received (including Fees for lyntek store Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to lyntek, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the lyntek store Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the lyntek store Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any lyntek store Services at any time, in accordance with the instructions available on the lyntek store Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the lyntek store Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
For more information about cancelling your Paid Services, please contact lyntek store Support Center.
6.2. Cancellation by lyntek
Failure to comply with any of the lyntek store Terms and/or to pay any due Fee shall entitle lyntek to suspend (until full payment is made) or cancel your User Account (or certain features thereof), as well as the provision of any related lyntek store Services (e.g., Paid Services) or Third Party Services to you.
6.3. Loss of Data, Content and Capacity
If your User Account or any lyntek store Services or Third Party Services related to your User Account are cancelled (whether at your request or at lyntek’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, End User data or other usage data retained therein, and including any registration that was included in such Services (“Capacity Loss”). lyntek shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any lyntek store Services following their cancellation, as determined by lyntek in its sole discretion.
7. Third Party Services
The lyntek store Services enable you to engage and procure certain third party services, products and tools and your overall user experience, including, without limitation, , third party applications offered via the lyntek store Website (including the lyntek store App Market), third party Licensed Content, media distribution services, sellers of tangible products, third party designers who may assist you, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain lyntek store Services, offered separately by lyntek or persons certified or authorized by lyntek, or otherwise offered anywhere on the lyntek store Services), lyntek merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. lyntek will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to lyntek and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, lyntek may at any time and at its sole discretion, suspend, disable access to or remove from your User Account and/or the lyntek store Services, any Third Party Services – whether or not incorporated with or made part of your User Account at such time – without any liability to you or to any End Users.
8. Misconduct and Copyrights
8.1. Misconduct and Abuse
When using the lyntek store Services, you may be exposed to User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against lyntekwith respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the lyntek store Services, please immediately report such User and/or Third Party Service to us. You agree that your report shall not impose any responsibility or liability upon lyntek, and that lyntek may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
lyntek acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit lyntek to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
lyntek store’s Copyright Agent can be reached at the following address:
2637 E Atlantic Boulevard #29656 – Pompano Beach, FL 33062 - USA.
Attn: Copyright Agent
Telephone Number: 55-21-99243-6828
In the event that lyntek receives notice regarding a copyright infringement related to your User Account, it may cancel your User Account, or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 8 may be deemed accepted, applicable and compliant with the DMCA, or not, at lyntek’s sole reasonable discretion. lyntek reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
9. Disclaimer of Warranties
We provide the lyntek store Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the lyntek store Services (or any part, feature or content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the lyntek store Services – so please be sure to verify those before using or otherwise engaging them.
Any Services provided by lyntek externally to lyntek store Website, such as physical consultancies and/or in-person training events, on their particulars will be guaranteed under the terms of the specific deal secured between lyntek and User therein as Client, including restrictions and risks of its execution as well as bad results as compared to intentions expressed on the deal, not caused by lyntek mistakes or misguides but entirely and solely for unforeseeable understandings, assessings, executions, proceedings or actions from other engaged participants, either contractees or regulators/authorities, locals or from abroad.
You acknowledge that there are risks in using the lyntek store Services and/or connecting and/or dealing with any Third Party Services through or in connection with lyntek store Services, and that lyntek store cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Please note that certain lyntek store Services can be offered in their BETA version, and undergoing BETA testing. You understand and agree that certain lyntek store Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the lyntek store Services at this BETA stage signifies your agreement to participate in such lyntek store Services’ BETA testing.
10. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, lyntek, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the lyntek store Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the lyntek store Services; (5) the use or display of any content posted, emailed, transmitted, or otherwise made available via the lyntek store Services; (6) events beyond the reasonable control of lyntek, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of lyntek store Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for lyntek’s services to you, and such limitations will apply even if lyntek has been advised of the possibility of such liabilities.
12.1. Changes & Updates
lyntek reserves the right to change, suspend or terminate any of the lyntek store Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the lyntek store Services for any reason and/or change any of the lyntek store Terms with or without prior notice - at any time and in any manner.
You agree that lyntek will not be liable to you or to any third party for any modification, suspension or discontinuance of those lyntek store Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current lyntek store Services without enabling such changes, or provide you with alternative Services.
12.2. Governing Law & Jurisdiction; Class Action Waiver
The lyntek store Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the lyntek store Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the lyntek store Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Miami, FL - USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and Lyntek shall only be resolved on an individual basis and you shall not have the right to bring any claim against lyntek as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 12.2, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and lyntek will be the State of Florida, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Miami, Florida.
We may provide you with notices in any of the following methods: (1) via the lyntek store Services, including by a banner or pop-up within the lyntek store Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. lyntek’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The lyntek store Terms, and your use of the lyntek store Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between lyntek and you.
12.5. Entire Agreement
lyntek may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the lyntek store Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of lyntek. Any attempted or actual assignment thereof without lyntek’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 12.6 shall not in itself grant either lyntek or you the right to cancel any lyntek store Services or Third Party Services then in effect.
12.7. Severability & Waivers
If any provision of the lyntek store Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the lyntek store Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
12.9. Customer Service Contact
To get in touch with our Customer Service - please send an email message to email@example.com.
© 2020 lyntek,LLC