These Terms of Service (the “Terms”) constitute a legal agreement between you (the
or “you”) and Alcyon (“Alcyon,” “we,”
“us,” or “our”) and govern your use of our
website located at alcyon.com (the “Website”), apps and platforms
Specific products and services offered by Alcyon may be governed by separate agreements, which
become part of your agreement with us if you use those products or services.
By accessing or using the Services, you acknowledge that you have read and understood these Terms
comply with all applicable laws and regulations regarding the use
of the Services. If you do not agree to the Terms, you may not access or use the
Alcyon reserves the right, in its sole discretion, to modify, replace, revise and update
these Terms from time to time. Alcyon shall make reasonable efforts to post a prominent
notice on the Website in case of a material change of the Terms and shall direct you to the
revised Terms for you to review. Your continued use of or access to the Services following
the posting of any changes to these Terms constitutes acceptance of such changes.
Alcyon reserves the right to modify or discontinue, temporarily or permanently, the
Services with or without notice to you. You agree that Alcyon shall not be liable to you
or to any third party for any modification, suspension, or discontinuance of the
To use certain Services, you must register for a membership within the particular app or
platform (“Membership”), specify a password, and submit certain information about yourself
(your “Profile”). To register for a Membership, you must be at least 16 years old, and you
must provide truthful information about yourself. If your information changes at any time,
please update your Profile to reflect those changes.
Your name and photo may be displayed on your Profile, which may be visible to other users of
the Services. You are solely responsible for maintaining the confidentiality of your
username and password, and you are entirely responsible for any and all activities under
your Membership. You agree to notify Alcyon immediately of any unauthorized use or any
other breach of security involving your username and password or Membership. Alcyon will
not be liable for any loss incurred as a result of unauthorized use of a username, password
We may provide opportunities for you to post or submit text, photographs, videos, or other
content (collectively, “Your Content”) on the Services. You can only post Your Content if
you own all the rights to it, or if the rights holder has given you permission.
You do not transfer ownership of Your Content simply by posting it. However, by posting Your
Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual,
non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish,
post, broadcast, display, publicly perform, adapt, modify, create derivative works of,
exhibit, and otherwise use Your Content. Without those rights, we couldn’t offer our
Services. Please note that this license continues even if you stop using our Services.
You agree to indemnify, release, and hold us harmless from any all liability, claims,
actions, loss, harm, damage, injury, cost or expense arising out of any of Your Content you
Keep in mind that if you send us any information, ideas, suggestions, or other communications
to us, those communications will not be confidential. Moreover, unless we tell you
otherwise, we reserve the right to reproduce, use, disclose, and distribute such
communications without any obligation to you.
Third Party Content
The Services or portion thereof may be used as a platform or blog where third party content
may be displayed (“Third Party Content”). Alcyon does not review, edit
control Third Party Content and is not responsible for Third Party Content. We may not be
directly or indirectly, for any loss or damage caused to you in connection with any Third
Party Content posted to the Services.
You may not, whether by yourself or through anyone on your behalf: (i) copy, modify, adapt,
make available (whether publicly or not), translate, reverse engineer, decompile, or
disassemble any part of the Services in any way; (ii) interfere with or disrupt the
operation of the Services; (iii) impersonate any person or entity or provide false personal
information or business information, for the purpose of using the Services or obtaining
products and services from Alcyon; (iv) falsely state or otherwise misrepresent your
affiliation with any person or entity, or express or imply that Alcyon endorses you, your
website or the Third Party Content you post; (v) transmit or otherwise make available in
connection with the Services or your use thereof any virus, “worm”, “Trojan horse”, “time
bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by
nature or defective, and 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; (vi) use the Services for any illegal or
unauthorized purpose, or for any commercial or other non-personal purposes, including any
usage which generates any revenues, whether directly or indirectly.
You represent, warrant and undertake to Alcyon that all information you supply to
Alcyon, and all of Your Content you post on the Services (a) is not in violation of any
law, international convention, rule or regulation; (b) is solely owned or licensed to you
and does not infringe upon the intellectual property of any third party; (c) is not be
slanderous, abusive, defamatory, obscene, offensive, or otherwise in violation of these
Terms; (d) is not be false, misleading, fraudulent or deceptive; and (e) does not contain
private or personally identifying information of a third party.
Your failure to comply with the provisions set forth herein will result in the
termination of your right to use the Services and may expose you to civil and/or
Intellectual Property Rights
As between you and Alcyon, all proprietary algorithms and methods, inventions, patents and
patent applications, copyrightable material, graphics, text, sounds, music, designs,
specifications, data, technical data, videos, interactive features, software (source and/or
object code), files, interface, GUI and trade secrets pertaining thereto (collectively,
“Intellectual Property”), used by or available for use on the Services or
connection with the services offered by Alcyon are solely owned or licensed to Alcyon
and subject to
copyright and other applicable intellectual property rights under United States laws,
foreign laws and international conventions. Subject to the foregoing, certain content
displayed on the Services, including without limitation, graphics, photos, texts, guides,
manuals, data and information, presentations, sounds, music, videos, interactive features,
software, scripts, interface, trademarks, service marks and logos (collectively,
may be owned by third parties other than Alcyon.
Disclaimer and Warranties
THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION OF ALCYON
RELATED THERETO, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY,
OR QUALITY OF THE SERVICES, AND ALCYON IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR,
FAULT OR MISTAKE OF ANY AND ALL INFORMATION RECEIVED THROUGH THE SERVICES. MOREOVER,
ALCYON MAKES NO WARRANTIES OF TITLE OR NON-INFRINGEMENT NOR IMPLIED WARRANTIES OF USE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALCYON DOES NOT WARRANT THAT THE USE
OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
ALCYON MAY DISCONTINUE DISPLAYING ANY DATA, INFORMATION AND CONTENT WITHOUT NOTICE.
ALCYON HEREBY DISCLAIMS ALL LIABLITY IN CONNECTION WITH THIRD PARTY CONTENT AND ANY ACTION
TAKEN BY YOU IN RELIANCE THEREON SHALL BE YOUR SOLE RESPONSIBILITY.
Limitation of Liability
THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL
BE LIABLE FOR
ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DEATH OR INJURY, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE USE OR
INABILITY TO USE THE SERVICES, REGARDLESS OF WHETHER ALCYON OR AN AUTHORIZED
REPRESENTATIVE OF ALCYON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER
FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, REGARDLESS OF THE LEGAL OR
EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
YOU AGREE THAT THE AGGREGATE LIABILITY OF ALCYON TO YOU FOR ANY AND ALL CLAIMS ARISING
FROM OR RELATED TO THE USE OF THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY SET
FORTH IN THESE TERMS IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY.
Intellectual Property Rights of Others
Alcyon respects the intellectual property rights of others. If you believe that your work
has been copied or your intellectual property rights violated by Alcyon, please provide
the following information in writing to Alcyon’s Intellectual Property Agent: (i) the
contact details of the person authorized to act on behalf of the owner of the work; (ii) a
description of the work that you claim has been violated; (iii) a description of the
material that you claim to be violating or to be the subject of violating activity and that
you request to remove or to which access should be disabled, and information sufficient to
permit Alcyon to locate the material; (iv) a statement that you have a good faith belief
that use of the material in the manner complained of is not authorized by law or agreement;
and (v) a statement that the information in the notification is accurate and, under penalty
of perjury, that you are the owner or are authorized to act on behalf of the owner of the
work that is allegedly being violated. Alcyon’s Intellectual Property Agent can be
reached as follows: email@example.com.
These Terms do not, and shall not be construed to, create any relationship, partnership,
joint venture, employer-employee, agency, or franchisor-franchisee relationship between the
If any provision of these Terms is found to be unlawful, void, or for any reason
unenforceable, then that provision will be deemed severable from these Terms and will not
affect the validity and enforceability of any remaining provisions. The failure to require
performance of any provision shall not affect our right to require performance at any time
thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver
of any subsequent breach or default or a waiver of the provision itself.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of
any preceding or subsequent breach or default. Any heading, caption or section title
contained herein is inserted only as a matter of convenience, and in no way defines or
explains any section or provision hereof.
These Terms are governed by and construed in accordance with the laws of the United Kingdom,
without regard to its conflict of laws rules. You expressly agree that the exclusive
jurisdiction for any claim or dispute under these Terms and or your use of the Services
resides in the courts located in London, United Kingdom, and you further expressly agree to
submit to the personal jurisdiction of such courts for the purpose of litigating any such
claim or action.
If you have any questions or comments about the Terms, please feel free to send us an email