Cyri Store LLC and its affiliates (“Cyri Store,” “we,” “us” or “our”) have created these Terms of Use to govern the use of the www.cyri.com website or other Cyri Store online venues (collectively the “Site”). The Site is owned and operated by Cyri Store Stores LLC, a Delaware limited liability company. 

These Terms of Use are supplemented by the Privacy Policy. Our Privacy Policy applies to use of our Site, and it is made a part of these Terms of Use by this reference. By using the Site, you signify that you agree to both the Terms of Use and the Privacy Policy. If you do not agree to both the Terms of Use and the Privacy Policy, do not use the Site.

The Terms of Use and Privacy Policy constitute a legally binding agreement between you, a user of the Site, (“you”) and Cyri Store. 

Changes to these Terms of Use and to the Site

From time to time we may change or add to, or delete aspects of these Terms of Use without prior notice to you. Your continued use of our Site following any such changes constitute your unconditional agreement to be bound by these Terms of Use. You are responsible for reviewing these Terms of Use each time you use or access our Site. In addition, we may: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. 

User Registration

You may register on the Site to receive e-mail notifications or to participate in Insider Perks by completing the online form at www.cyri.com or otherwise opting in or signing up.  To unsubscribe from any e-mail service, you can click on any “Unsubscribe” link in a message from Cyri Store. For more information about our Insider Perks Program, please see the section Insider Perks below.

By signing up for e-mail notifications, you represent and warrant that your information is true and accurate to the best of your knowledge.  You agree not to submit false information such as name, address, and/or telephone number when registering on the Site.  By registering with the Site, you consent to receive periodic communication from Cyri Store by e-mail regarding the status of your account or other information associated with your account.  For more information on how Cyri Store may use the information you provide, please see the Privacy Policy.

Intellectual Property Rights

All trademarks, logos, trade names, and service marks displayed on our Site are our registered or unregistered trademarks, or those of third parties who have authorized their use (the “Marks”). You may download and/or print one copy of individual pages of the Site or documents available for download for your personal use and records. Otherwise, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way. The use of our Marks on any other website is strictly prohibited. All of the materials contained on our Site are copyrighted except where explicitly noted otherwise. The absence of a trademark, trade name, or service mark does not constitute a waiver of our intellectual property rights concerning the trademark, trade name, or service mark. We will aggressively enforce our intellectual property rights to the fullest extent of the law including criminal prosecution. We do not warrant or represent that your use of materials displayed on our Site will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on our Site is at your own risk.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to Cyri Store that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  The following activities are expressly prohibited from the Site:

• Engaging in activity that may compromise the Site.
• Hacking the Site, trying to change the behavior of the Site, accessing data not intended for you, logging onto a server or an account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, trying to breach security or authentication measures
• Engaging in the use of worms, viruses, cancel bots, Trojan horses
• Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
• Framing or deep linking into the Site.
• Improperly using communications for spamming, phishing, mail bombing or crashing, forging any header or any part of the header information in any email or posting, or forging communications on behalf of the Site or to the Site.
• Accessing the Site by means of automated process, spiders, bots or similar device.
• Misrepresenting the identity of a user, impersonating any person or entity.
• Falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site.
• Expressly stating or implying that we endorse any statement you make.
• Conducting fraudulent activities on the Site.
• Sending unsolicited or unauthorized email on behalf of Cyri Store, including promotions and/or advertising of products or services.
• Using the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity.
• Harvesting or collecting personally identifiable information about other users of the Site.

Materials from our Site may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. Unless otherwise specified, all materials on our Site are made available only to provide information and are for personal and non-commercial use. You agree not to use or access the Site in a manner that could damage, disable, overburden, or impair our servers or the networks connected to our servers; interfere with any third party's use and enjoyment of our Site; or attempt to gain unauthorized access to accounts, computer systems or networks connected to any of our servers through hacking, password mining, or any other means.

User Suspension and/or Termination of Access

Cyri Store may cancel or terminate your right to access or use any part of the Site at any time without notice.  You agree that a breach of any of these Terms of Use may result in the immediate termination of your account and/or give rise to civil action against you.  The disclaimers herein and all restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site. We will fully cooperate with any law enforcement authorities or court orders related to submissions that violate applicable law or these Terms of Use and you waive and hold us harmless for any such cooperation.

Links to Third Party Sites

Any links to other websites not owned or operated by Cyri Store are provided solely as a convenience for you.  Cyri Store’s listing of any third party does not create a partnership or affiliation with the third party.  Cyri Store’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers.  You shall make a competent consumer decision before employing the services of any listed third party professional or service provider.  You bear all risk associated with the employing of any third party and obtaining their goods or services. We encourage you to read and understand the terms and conditions of use of any linked sites that you visit.

Warranty Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, THE PRODUCTS OR SERVICES OFFERED, AND/OR LISTED PRICES THAT ARE DESCRIBED OR OBTAINED THROUGH THE SITE.  THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AS TO THE OPERATION OF OUR SITE OR THE INFORMATION INCLUDED ON OUR SITES, INCLUDING THAT THEY WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. CYRI STORE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. 

THIS DISCLAIMER INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CYRI STORE AND ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, AND SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH YOUR USE OF THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, SYSTEM INTEGRATION OR FREEDOM FROM COMPUTER VIRUS, OR QUIET ENJOYMENT. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE.

Limitation of Liability

IN NO EVENT SHALL CYRI STORE AND/OR ANY OF ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, AND SUPPLIERS, AND/OR ANY OF THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS AND EMPLOYEES OF ANY OF THE FOREGOING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OR INJURY WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE, OR FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYRI STORE OR ANY OF ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND/OR THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS AND EMPLOYEES OF ANY OF THE FOREGOING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, CYRI STORE’S TOTAL LIABILITY TO YOU (FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS, BROWSING ON, OR USE OF OUR SITES OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITES.

User Indemnification

By using the Site, you accept all responsibility and agree to indemnify Cyri Store (and its partners, third party service providers and suppliers, and the respective members, managers, directors, officers and employees of any of the foregoing)  and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses of every kind and nature, known and unknown (including without limitation any related court costs, expenses and attorneys' fees), whether based on warranty, contract, tort, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site, a breach of any of your representations and warranties set forth above, or your violation of any law or the rights of a third party.  Such acts may include but are not limited to: submissions to the Site, unauthorized use of material obtained through the Site or breach of these Terms of Use. 

Uploaded Content

By submitting any content to Cyri Store (including photos), via this Site or otherwise, you represent and warrant that:

• You are the sole author and owner of the intellectual property rights thereto; 
• All "moral rights" that you may have in such content have been voluntarily waived by you; and 
• Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:  

• That is known by you to be false, inaccurate or misleading; 
• That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); 
• That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; 
• For which you were compensated or granted any consideration by any third party; or 
• That contains any computer viruses, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant Cyri Store a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties in Cyri Store's sole discretion.  Cyri Store reserves the right to change, condense or delete any content on this Site that Cyri Store deems, in its sole discretion, to violate these Terms of Use.  Cyri Store does not guarantee that you will have any recourse to edit or delete any content you have submitted.  You acknowledge that you, not Cyri Store, are responsible for the contents of your submission.  None of the content that you submit shall be subject to any obligation of confidence on the part of Cyri Store and/or any of its partners, third party service providers, and suppliers, and/or any of the respective members, managers, directors, officers and employees of any of the foregoing.

Copyright Complaints

Cyri Store respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cyri Store’s copyright agent with the following information.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Description of the copyrighted work that you claim has been infringed;
• The location of the material that you claim is infringing is located on the Site;
• Your address, telephone number and e-mail address;
• A statement that your claim of infringement is based on a good faith belief; and
• A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Cyri Store’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: support@Cyri.com.

Employment

We are an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.

International Users

We maintain our Site from our corporate offices in State of Texas and we make no representation that these materials are appropriate or available for use in other locations. If you access our Site from locations outside of the United States of America, you are responsible for compliance with applicable local laws. The information on our Site is intended only for use and access by persons residing in the United States and its territories. You may not use our Site in violation of U.S. export laws and regulations.

A “Welcome Offer” for Insider Perks members will be emailed to you after your member profile is completed and/or updated with your first and last name, phone number, and email address. Members who have a completed profile with their last and first name, phone number, email address, and birth month and day will receive a “Birthday Bonus” offer each year during their birth month. The offer will be emailed to you. The offer is valid at an Cyri Store store and is subject to any terms and conditions set forth on the offer. In order to be eligible to receive your Insider Perks Birthday Bonus offer you must provide your birth month and day at least thirty (30) days prior to your birth month.

You may cancel your membership at any time by notifying Customer Service by email, phone, or in writing. Cancellation may take up to 6-8 weeks to process. Upon cancellation, all membership offers and benefits will be cancelled and deactivated.

We may terminate and/or suspend your membership and right to participate in the Program, in the event we determine, in our sole and absolute discretion, that (i) you are ineligible to participate pursuant to these Terms of Use, (ii) you have violated these Terms of Use or any applicable laws, (iii) your Cyri Store credit card is in default as described in your Cyri Store credit card agreement, or (iv) you committed any other fraud, abuse, or circumvention of the Program and its policies and procedures. If we terminate and/or suspend your membership, we reserve the right to void any benefits or offers related to the Program. If your benefits or offers are forfeited for any reason, we will not reinstate these offers to your membership account.

You are responsible for any personal tax liability related to participating in the Program. The Program is void where prohibited by federal, state or local law.

General

To the maximum extent permitted by law, these Terms of Use and the Privacy Policy, are governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas, Texas in all disputes arising out of or relating to the use of the Site. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR DISPUTE RELATED TO THE SITE, THESE TERMS OF USE, OR THE PROGRAM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cyri Store as a result of the Terms of Use, including the Privacy Policy, or use of the Site. 

Cyri Store’s performance of the Terms of Use, including its supplement the Privacy Policy, is subject to existing laws and legal process, and nothing contained herein is in derogation of Cyri Store’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cyri Store with respect to such use. 

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. 

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site.