Terms and Conditions

 TERMS OF SERVICE

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OVERVIEW

This website is operated by Lyla’s Crop Tops. Throughout the site, the terms “we”, “us” and “our” refer to Lyla’s Crop Tops. Lyla’s Crop Tops offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis with or without explanation. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PHOTO UPLOAD INFORMATION

Terms and Conditions for Photo Upload and Display

  1. General

This is a legally enforceable agreement between you and the Lyla’s Crop Tops, governing the uploading of any photo(s) for possible display by Lyla’s Crop Tops and retention and use of any such photo(s).  Lyla’s Crop Tops is providing you the opportunity to upload your photos for possible display by Lyla’s Crop Tops.  Uploading any photo(s) for possible display is entirely voluntary.  You will not be compensated for uploading any photo(s).  Uploaded photos selected for display may be publicly viewable by any and all users and/or recipients of Lyla’s Crop Tops media.  By uploading any photo(s) for possible display by Lyla’s Crop Tops, you agree to and are bound by all of the terms and conditions of this Agreement and your permission to upload any photo(s) is conditioned on your agreement to these Terms and Conditions.

  1. Definitions

“Agreement” means these Terms and Conditions in their entirety. 

“Display” means to publish, distribute, broadcast, transmit, reproduce, or otherwise make viewable or available on or in any media.

“Lyla’s Crop Tops” means the Lyla’s Crop Tops Company, its owners, and any employee and or contractor of Lyla’s Crop Tops.

“Media” includes, but is not limited to, electronic media such as an Internet website, blog, message board, social networking environment (including Facebook, Twitter, Tumblr, and Flickr), social communications, email, and other electronic communication functionality, and hard copy media, such as brochures, reports, mailings, and any other printed or published material.  

“Upload” means to transfer a digital or digitized photo file from a computer being used by you to a computer server designated by Lyla’s Crop Tops to receive uploaded photos.

  1. Your age and capacity to enter into a contract

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you warrant that you are at least 18 years of age and otherwise able to enter into a binding contract under California State law.  If you are under 18 years of age, you may not upload any photo(s) for possible display by Lyla’s Crop Tops.  Your parent or guardian may upload photos on your behalf, provided he or she personally agrees to these Terms and Conditions. 

  1. Ownership and/or authorization to use and display any uploaded photo(s)

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you warrant that you own the copyright to such photo(s) and/or have acquired, have been assigned, or otherwise possess the right, license, and/or authorization to use and/or display any such photo(s).  You further warrant that you are legally permitted and authorized to grant to Lyla’s Crop Tops the licenses and permissions set forth in this Agreement as to any such uploaded photo(s) and any individual(s) displayed in such photo(s). You furthermore warrant that you are the parent or legal guardian or have obtained permission from the parent or legal guardian of any minors identifiable in the photograph.

  1. Permission and license to display and modify/alter uploaded photo(s) and to use any individuals’ photographic image depicted on any such photo(s)

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you grant permission and license to Lyla’s Crop Tops to display such photo(s) without any cost to Lyla’s Crop Tops Lyla’s Crop Tops or compensation paid to you by Lyla’s Crop Tops or any other party.  You acknowledge that Lyla’s Crop Tops may display such photo(s) for marketing or communication purposes on media owned, controlled, or created by Lyla’s Crop Tops or at Lyla’s Crop Tops direction.   You grant to Lyla’s Crop Tops permission and license to modify and/or alter any such photo(s) as Lyla’s Crop Tops deems necessary and appropriate, at its sole discretion, and to display any such photo(s) as modified and/or altered by Lyla’s Crop Tops. Modification and/or alteration could include, but is not limited to, cropping, resizing, and retouching.  You waive the right to view or otherwise inspect and/or approve any version of any photo(s) uploaded prior to the display of any such photo(s).  The permissions granted in this paragraph are non-exclusive and non-transferable, but are unrestricted, unconditional, unlimited, worldwide, irrevocable, and perpetual.

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you grant to Lyla’s Crop Tops permission and license to use and display photographic image(s) of you, if you appear in any such photo.  Further, you warrant that you have acquired, have been assigned, or otherwise possess the right, permission, and authority to grant to Lyla’s Crop Tops permission and license to use and display the photographic image(s) of any and all other individuals displayed in any such photo(s) on behalf of such individual(s) and you grant such permission and license to Lyla’s Crop Tops on behalf of any and all such individuals.  You further warrant that any such photo(s) does not depict subject matter that violates any laws or individual rights, or that the uploading of such photo(s) is not done with intent to harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to any individual or entity.

  1. Lyla’s Crop Tops’s authority to select uploaded photos for display and to retain and dispose of uploaded photos; removal of uploaded photo(s) from the Gallery at your request

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you acknowledge that Lyla’s Crop Tops has the right and authority to, at its sole discretion, decide whether, when, and for what duration, to display any uploaded photo(s) and that you have no rights or recourse with respect to such decisions by Lyla’s Crop Tops.  You further acknowledge that Lyla’s Crop Tops has the right to retain any photo(s) uploaded by you for whatever duration Lyla’s Crop Tops, at its sole discretion, deems necessary and appropriate, and that Lyla’s Crop Tops may, at its sole discretion, dispose of or destroy any such photo(s) at any time and without any advance notice to you.

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you acknowledge that Lyla’s Crop Tops may agree to remove any photo(s) from the Gallery upon your request, but that Lyla’s Crop Tops has no responsibility to do so and is in no way liable to you for its failure to do so.

  1. Lyla’s Crop Tops not liable for incorrect attribution or failure to correctly attribute any uploaded photo(s)

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you acknowledge that Lyla’s Crop Tops will make reasonable attempts to correctly attribute any uploaded photo(s) to you when displayed, but that Lyla’s Crop Tops has no responsibility to correctly attribute any uploaded photo(s) to you and is in no way liable for its failure to attribute any photo(s) to you or for its incorrect attribution with respect to any uploaded photo(s).   

  1. Uploaded files free from computer viruses, worms, etc.

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you warrant that the digital file(s) uploaded does not contain any computer virus, worm, or any disabling or damaging mechanism that could damage and/or disable Lyla’s Crop Tops’s software or hardware or its services or facilities.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.  We also reserve the right not to refund payment of any image uploaded that is found to be in violation of this provision.

  1. Lyla’s Crop Tops not responsible for technical problems related to or involving the upload of any photo(s)

By uploading any photo(s) for possible display by Lyla’s Crop Tops, or attempting such upload, you acknowledge that Lyla’s Crop Tops is not responsible for the failure of any photo(s) to properly upload, or the loss of any photo(s) or other data in the upload process, whether as a result of technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or delayed uploads, whether caused by you or hardware and/or software in your ownership or control or by Lyla’s Crop Tops, or its agents or contractors, or hardware and/or software in the control or ownership of Lyla’s Crop Tops, or its agents or contractors.

  1. Disputes

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you agree to submit any dispute related to this agreement to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.

  1. Waiver of any and all claims related to upload, storage, maintenance, and/or display of any uploaded photo(s); Lyla’s Crop Tops not liable for acts of third parties

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you waive any and all claims against the Lyla’s Crop Tops, and any current, former, of future employee or agent of Lyla’s Crop Tops related to the upload, display, retention, and/or disposal of any uploaded photo(s), including, but not limited to, claims related to the loss or destruction of any uploaded photo(s) or for copyright infringement, invasion of privacy, defamation, or unlawful appropriation of any individual’s image or likeness.  You acknowledge that Lyla’s Crop Tops is not responsible for the acts of third parties related to any photo(s) uploaded by you, including re-display of any such photo(s) on or in any media and in any form. 

  1. Indemnification

By uploading any photo(s) for possible display by Lyla’s Crop Tops, you agree to indemnify and hold harmless Lyla’s Crop Tops and any current, former, of future employees, agent, or contractor of Lyla’s Crop Tops, or the Commission for any actions, claims, liabilities, damage, costs, or expenses resulting from your breach any provision of this Agreement.

  1. Waiver and severability

Any failure to insist upon or enforce any provision of the Agreement shall not be construed as a waiver of any provision of this Agreement.  If any term or provision of this agreement is unenforceable for any reason, that portion is deemed severed and the remainder of the agreement shall remain in full force and effect.

  1. Brand Ambassadors

In addition to all of the above terms and conditions in this document, you agree to upload and send your pictures to Lyla's Crop Tops due to all of the terms agreed upon within no more than one week of receipt of your crop tops.

If pictures are not taken and received by Lyla's Crop Tops per Lyla's Crop Tops guidelines, The brand rep is responsible to:

A. Return all merchandise to Lyla's Crop Tops in new condition (unworn and unwashed). 

B. If the merchandise is not returned within one month, Lyla's Crop Tops reserves the right to seek financial reimbursement up to the equivalent of the retail price of each top received by the brand ambassador to the fullest extent of California and federal law, including but not limited to reporting the brand ambassador to a collection agency reimbursement is not received

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 12 - WHOLESALE INFORMATION

  1. All payments, including shipping, must be made and processed before merchandise can be sent. Prices do not include shipping and duties. We accept PayPal or direct transfers as methods of payment. Shipping prices and duration will vary depending on the size of your order and the method you choose.
  2. International Orders: Lyla’s Crop Tops also assumes no responsibility, financial or otherwise, for the taxes, duties, and import licenses required by the importer. Please ensure that you have all the necessary documents required to import our products before ordering.
  3. All prices are in United States Dollars.
  4. Most of our items are made to order. There may be an instance that a particular color or item is unavailable.
  5. All designs, cuts, and material are property of Lyla’s Crop Tops. Ay unauthorized production, whether intentional or unintentional, will be prosecuted to the full extent of United States and International Civil and Criminal Laws. By reading this catalog, you agree to abide by these terms.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lyla’s Crop Tops, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lyla’s Crop Tops and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Municipality of Imperial Beach, the County of San Diego, the State of California, and the United States of America.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@sirenaz.com.