Terms of Service for LYDN.xyz and LydianUniverse.xyz
Last Updated: August 22, 2023
We (the folks at Lydian Universe Inc. or “Lydian”) are on a mission to build modern fanclubs. We hope you love our products and services. When we speak of “Lydian Universe”, “Lydian,”, “LYDN”, “LYDN.xyz”, “we,” “us,” or “our,” we mean Lydian Universe, Inc.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.
By using LYDN.xyz or signing up to an artist waitlist on LYDN.xyz, you agree to these terms and you understand and agree that you access the services provided by Lydian Universe Inc at your own risk.
If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.
Terms of Service
These Terms govern your access to and use of the products and services we provide through LYDN.xyz, LydianUniverse.xyz (collectively, “Services”).
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
2. Your Account
We may limit your access to our Services until we’re able to verify your account information, like your email address or phone number.
When you create an account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure or any sign-in links we send to your email address or phone number). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
3. Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
5. General Representation and Warranty
You represent and warrant that your use of our Services:
Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of Lydian or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
Will not disclose the personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
6. Specific Service Terms
Lydian Wav Beta:
Lydian Wav is a beta web application designed for users who have been explicitly invited by the founders or an existing user. The intent is to experiment with web application features and learn about what users want. Lydian Wav enables a user to take audio recordings on their device and post them so that other users in a group can listen to them and respond, which could also be described as an asynchronous audio chat group. Lydian Wav is provided “AS IS”. The developers make no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose. By using this application, you agree not to use our product to cause nuisance to other users, real world entities or physical persons.LYDN.xyz Websites and Accounts:
Service: LYDN.xyz is a web application designed for users to sign up to the waitlist for unofficial fanclubs of musicians. By joining a waitlist, a user will be notified when the unofficial fanclub launches.
How the Referral Program Works:
A. Program Participation, Generally
To participate in the Program, Referrers should visit LYDN.xyz and follow the on-screen instructions to join the waitlist of an artist. Users are provided with a referral code link for that artist which can be used to refer friends or colleagues to the program by sharing the referral code link.
Individuals who receive a referral code link are "Friends" (or, singly, a “Friend”). An "Eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for "Qualified Referrals” (all terms in quotes to be understood as defined below). Rewards are not guaranteed. Rewards are at the sole discretion of Lydian. Rewards may include the opportunity to obtain a lower membership number into the fanclub of the associated artist. Rewards may also include badges on a Referrers future digital profile in the fanclub of the associated artist.
B. Eligible Referrer
To be "Eligible," a Referrer must:
Be at least 18 years old and enjoy the music of the artist related to the waitlist they are joining.
C. Making a Referral
A Referrer must signup to an artist waitlist at LYDN.xyz to generate a referral code link. Once a Referrer refers to a Friend and the Friend joins the artist waitlist by following the referral code link, the Referrer will be attributed with that referral.
Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer to themselves. For example, a Referrer may not create multiple or fake accounts with Lydian or participate in the Program using multiple or fake email addresses, phone numbers, or identities.
D. Qualified Referrals
A “Qualified Referral” means that all the following conditions are met:
The Friend is at least 18 years old and enjoys the music of the artist related to the waitlist they are joining.
E. Verified Qualified Referrals
Rewards are subject to verification. Lydian may delay a Reward for the purposes of investigation. Lydian may also refuse to verify and process any Referral Lydian deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Lydian, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Lydian's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
F. Transfer and Value of Rewards
Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.Mobile SMS Terms and Conditions
You consent to receiving SMS ("Text") messages containing information about Lydian's products and services, notifications, marketing messages, and verification codes to create or access your account.
By opting in to receive SMS messages, you agree that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
You can cancel the SMS service at any time. Just text "STOP". After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword "HELP" for more assistance, or you can get help directly at firstname.lastname@example.org.
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Carriers are not liable for delayed or undelivered messages
7. Intellectual Property
The Agreement doesn’t transfer any Lydian or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Lydian and you) solely with Lydian and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Lydian (or Lydian licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Lydian or third-party trademarks.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Lydian policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. You can stop using our Services at any time.
Our Services are provided “as is.” Lydian and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Lydian, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
11. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A., and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Delaware, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
12. Limitation of Liability
In no event will Lydian, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50. Lydan shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Lydian isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless Lydian, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services.
14. US Economic Sanctions
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Lydian to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Lydian and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Lydian may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
Thanks also to the good folks at Automattic (responsible for great creations like WordPress.com), who have made their comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. That’s exactly what we did.