Terms of Service

1.1 Account Creation. To utilize certain features of the Site, you are required to register for an account (“Account”) and provide specific information about yourself as prompted in the account registration form. You affirm and guarantee that: (a) all information required for registration that you provide is truthful and accurate; (b) you will keep such information accurate and current. You have the option to delete your Account at any time and for any reason by following the instructions available on the Site. The Company may suspend or terminate your Account according to Section 7.

1.2 Account Responsibilities. You are accountable for safeguarding the confidentiality of your Account login details and are entirely responsible for any actions that occur under your Account. You agree to promptly inform the Company of any unauthorized use or suspected unauthorized use of your Account or any other security breach. The Company cannot and will not be held liable for any loss or damage resulting from your failure to adhere to these requirements.

2.1 License. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your personal, noncommercial purposes.

2.2 Certain Restrictions. The rights given to you in these Terms are subject to the following limitations: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, in whole or in part, or any content presented on the Site; (b) you shall not alter, create derivative works from, disassemble, reverse compile, or reverse engineer any portion of the Site; (c) you shall not access the Site to develop a similar or competitive website, product, or service; and (d) unless stated otherwise herein, no segment of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any format or by any means. Any future releases, updates, or additional functionalities of the Site shall also adhere to these Terms, unless indicated otherwise. All copyright and other proprietary notices on the Site (or any content found on the Site) must be preserved on all reproductions.

2.3 Modification. The Company retains the right, at any moment, to alter, suspend, or discontinue the Site (in whole or in part) with or without prior notice to you. You agree that the Company will not be liable to you or any third party for any changes, suspensions, or end of service regarding the Site or any portion thereof.

2.4 No Support or Maintenance. You acknowledge and accept that the Company has no responsibility to provide you with any support or maintenance related to the Site.

2.5 Ownership. You recognize that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, regarding the Site and its content, are owned by the Company or its suppliers. Neither these Terms (nor your access to the Site) transfers any rights, title, or interest in such intellectual property rights to you or to any third party, aside from the limited access rights explicitly outlined in Section 2.1. The Company and its suppliers reserve all rights not explicitly granted in these Terms. There are no implied licenses provided under these Terms.

Indemnification. You agree to protect and defend Company (along with its officers, employees, and agents) from any claims or demands made by third parties, including costs and attorney fees, resulting from (a) your use of the Site, (b) your breach of these Terms, or (c) your infringement of applicable laws or regulations. The Company has the right, at your expense, to take over the exclusive defense and management of any issues for which you must indemnify us, and you agree to assist in our defense of these claims. You agree not to settle any issue without obtaining prior written approval from the Company. The Company will make reasonable efforts to inform you of any such claim, action, or proceeding once it becomes aware of it.

4.1 Third-Party Links & Ads. The Site may feature links to websites and services operated by third parties, and/or show advertisements for such parties (collectively, “Third-Party Links & Ads”). These Third-Party Links & Ads are not controlled by the Company, and the Company is not accountable for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads merely for your convenience and does not evaluate, approve, monitor, endorse, guarantee, or make any representations regarding these links and ads. You access all Third-Party Links & Ads at your own risk and should use appropriate caution and discretion when doing so. By clicking on any of the Third-Party Links & Ads, the terms and policies of the applicable third party apply, including their privacy and data collection practices. You should conduct whatever research you deem necessary or appropriate before proceeding with any transactions related to these Third-Party Links & Ads.

4.2 Other Users. Your dealings with other users of the Site are solely between you and those users. You agree that the Company will not be liable for any loss or damage resulting from such interactions. In the event of a dispute between you and any Site user, we have no obligation to intervene.

4.3 Release. You hereby release and forever discharge the Company (and its officers, employees, agents, successors, and assigns) from, and waive any and all past, present, or future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature (including personal injuries, death, and property damage) that have occurred or may occur directly or indirectly from, or that are related directly or indirectly to, the Site (including any dealings with, or actions or omissions by, other Site users or any Third-Party Links & Ads). If you reside in California, you hereby waive California civil code section 1542 in connection with the above, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

The site is offered on an "As-is" and "As available" basis, and company (along with our suppliers) clearly disclaims any and all warranties and conditions of any type, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a specific purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) do not warrant that the site will fulfill your requirements, will be accessible without interruption, will be timely, secure, or error-free, or that it will be accurate, dependable, free from viruses or other harmful elements, complete, legal, or safe. If applicable law mandates any warranties regarding the site, all such warranties are limited in duration to ninety (90) days from the date of initial use. Some jurisdictions do not permit the exclusion of implied warranties, so the above exclusions may not be applicable to you. Some jurisdictions do not allow limitations on the duration of implied warranties, so the above limitations may not apply to you.

To the greatest extent allowed by law, in no case shall company (or our suppliers) be accountable to you or any third party for any lost profits, lost data, expenses related to acquiring substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising out of or related to these terms or your use of, or inability to use, the site, even if company has been informed about the possibility of such damages. Your access to and use of the site is at your own risk, and you will be solely responsible for any damage to your device or computer system, or any data loss that may result. To the maximum extent allowed by law, regardless of any contrary provisions in this agreement, our liability to you for any damages arising from or connected to this agreement (for any reason and regardless of the form of the claim) will always be limited to a maximum of fifty us dollars (u.S. $50). The presence of more than one claim will not increase this limit. You agree that our suppliers will not hold any liability whatsoever arising from or connection to this agreement. Some jurisdictions do not allow limiting or excluding liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

With respect to this Section, these Terms will continue to be fully effective while you are using the Site. We reserve the right to suspend or terminate your permissions to use the Site (including your Account) at any moment for any reason at our sole discretion, which includes any use of the Site that violates these Terms. When your rights under these Terms are terminated, your Account and your right to access and utilize the Site will end immediately. Company will not be liable in any way to you for any termination of your rights under these Terms, including for the termination of your Account. Even after the termination of your rights under these Terms, the following parts of these Terms will continue to apply: Sections 2.2 through 2.5 and Sections 3 through 8.

8.1 Changes. These Terms may be revised from time to time, and if we make significant changes, we may inform you by sending an email to the most recent email address you have provided (if applicable) and/or by prominently displaying a notice of the changes on our Site. It is your responsibility to keep your email address up to date. If the latest email address you provided is invalid or cannot deliver the notice stated above for any reason, our sending of an email with such notice will still be regarded as effective notification of the changes described. Any amendments to these Terms will take effect either thirty (30) calendar days after our email notice to you (if applicable) or thirty (30) calendar days after we post notice of the changes on our Site, whichever comes first. These changes will take effect immediately for any new users of our Site. Your continued use of our Site after being notified of such changes signifies your acknowledgment of those changes and your agreement to adhere to the revised terms and conditions.

8.2 Resolution of Disputes. It is important to carefully read this Arbitration Agreement. This agreement is part of your contract with the Company and has implications for your rights. It includes terms for MANDATORY BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS.

(a) Scope of Arbitration Agreement. All claims and disputes (excluding requests for injunctive or other equitable relief as detailed below) related to the Terms or use of any products or services provided by the Company that cannot be resolved informally or in small claims court will be settled through binding arbitration on an individual basis following the guidelines of this Arbitration Agreement. Unless otherwise mutually agreed upon, all arbitration proceedings will be conducted in English. This Arbitration Agreement is applicable to you and the Company, as well as any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, along with all authorized or unauthorized users or beneficiaries of the services or goods rendered under the Terms.

(b) Notice Requirement and Informal Dispute Resolution. Prior to either party initiating arbitration, they must first provide the other party with a written Notice of Dispute (“Notice”) outlining the nature and basis of the claim or dispute and the relief sought. A Notice to the Company should be directed to: 210 E Broadway, New York, New York 10002. Once the Notice is received, you and the Company may seek to informally resolve the claim or dispute. If a resolution is not achieved within thirty (30) days after receipt of the Notice, either party may commence arbitration proceedings. Any settlement offer made by either party cannot be disclosed to the arbitrator until after the arbitrator has determined the amount, if any, of the award to which either party is entitled.

(c) Arbitration Procedures. The initiation of arbitration shall occur through the American Arbitration Association (“AAA”), a recognized provider of alternative dispute resolution (“ADR Provider”) that facilitates arbitration as detailed in this section. In the event that AAA is unavailable for arbitration, the parties must mutually select a different ADR Provider. The procedural rules set forth by the ADR Provider shall govern all facets of the arbitration process, including but not limited to the procedures for commencing and/or requesting arbitration, unless those rules conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) applicable to the arbitration can be accessed online at www.adr.org or by contacting AAA at 1-800-778-7879. A single, impartial arbitrator will conduct the arbitration. Any claims or disputes where the total amount claimed is less than Ten Thousand U.S. Dollars (US $10,000.00) may be addressed through binding non-appearance-based arbitration, should the initiating party choose that option. For claims or disputes where the amount sought is Ten Thousand U.S. Dollars (US $10,000.00) or greater, the right to a hearing will be determined based on the Arbitration Rules. Hearings will take place within 100 miles of your residence, unless your residence is outside of the U.S., and unless an alternative agreement is made between the parties. If you reside outside the U.S., the arbitrator will provide reasonable notice of the date, time, and location of any oral hearings. Any ruling on the award made by the arbitrator can be filed in any court that has the proper jurisdiction. Should the arbitrator award you an amount that exceeds the last settlement offer made by the Company before arbitration started, the Company will pay you either the awarded amount or $2,500.00, whichever is higher. Each party is responsible for its own costs (including attorney's fees) and expenses related to the arbitration, as well as sharing equally the fees and costs of the ADR Provider.

(d) Specific Regulations for Non-Appearance-Based Arbitration. Should non-appearance-based arbitration be chosen, the arbitration will take place via telephone, online, or based solely on written submissions; the initiating party will determine the specific method. The process will not require any in-person participation from the parties or witnesses unless both parties agree otherwise.

(e) Deadline Requirements. Should you or the Company seek arbitration, the arbitration process must be initiated and/or demanded within the legal statute of limitations (the timeframe for filing a claim) and within any deadlines set forth by the AAA Rules relevant to the claim.

(f) Authority of Arbitrator. If arbitration is started, the arbitrator will determine the rights and obligations, if any, of you and the Company, and the dispute cannot be combined with other issues or joined with other cases or parties. The arbitrator is empowered to grant motions that resolve all or part of any claim. The arbitrator can award monetary damages and provide any non-monetary remedies or relief available to an individual under applicable laws, the AAA Rules, and the Terms. The arbitrator will provide a written decision and explanation outlining the fundamental findings and conclusions that support the award, including how any awarded damages were calculated. The arbitrator holds the same authority to grant relief on an individual basis as a judge in a court would. The arbitrator's decision is final and obligatory for both you and the Company.

(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, opting instead for all claims and disputes to be resolved through arbitration as detailed in this Arbitration Agreement. Arbitration processes are generally more limited, more streamlined, and less expensive compared to court procedures and are subject to minimal judicial review. Should any litigation arise between you and the Company in any state or federal court regarding the vacating or enforcement of an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, choosing instead to have the matter resolved by a judge.

(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES SUBJECT TO THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, AND CLAIMS FROM MULTIPLE CUSTOMERS OR USERS CANNOT BE ARBITRATED OR LITIGATED TOGETHER OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(i) Confidentiality. All components of the arbitration process, including but not limited to the arbitrator's award and adherence to it, will be kept strictly confidential. The parties agree to uphold confidentiality unless legally mandated otherwise. This section does not restrict a party from presenting any information necessary to a court of law to enforce this Agreement, to uphold an arbitration award, or to seek injunctive or equitable relief.

(j) Severability. If any part or parts of this Arbitration Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, those specific parts will have no effect and will be removed, while the rest of the Agreement will remain in full force.

(k) Right to Waive. Any rights and limitations specified in this Arbitration Agreement may be waived by the party against whom the claim is made. Such a waiver will not impact or affect any other part of this Arbitration Agreement.

(l) Survival of Agreement. This Arbitration Agreement will remain effective even after the termination of your relationship with the Company.

(m) Small Claims Court. Despite the above provisions, either you or the Company may file an individual action in small claims court.

(n) Emergency Equitable Relief. Regardless of the previous clauses, either party has the right to seek emergency equitable relief from a state or federal court to preserve the current situation while arbitration is pending. Seeking interim relief will not be considered a waiver of any other rights or obligations outlined in this Arbitration Agreement.

(o) Claims Not Subject to Arbitration. Despite the previous clauses, claims related to defamation, breaches of the Computer Fraud and Abuse Act, and violations or misappropriations concerning the other party’s patents, copyrights, trademarks, or trade secrets will not fall under this Arbitration Agreement.

(p) Courts. In situations where the Arbitration Agreement allows for litigation in court, both parties agree to submit to the personal jurisdiction of the courts situated within United States County, New York, for those matters.

‍8.3 Export. The Site may be governed by U.S. export control laws, as well as export or import regulations in other countries. You agree to refrain from exporting, reexporting, or transferring, either directly or indirectly, any U.S. technical data obtained from Company, or any products using such data, in violation of the United States export laws or regulations.

8.4 Disclosures. Company’s address is provided in Section 8.8. If you reside in California, you can report complaints to the Complaint Assistance Unit of the Division of Consumer Product within the California Department of Consumer Affairs by writing to them at 201 E Center St Ste 112 PMB 3068, Anaheim, CA 92805, United States, or by calling +19293250230.

8.5 Electronic Communications.. The exchanges between you and Company occur through electronic means, whether you access the Site, send us emails, or if Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic format; and (b) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically meet any legal requirements that such communications would fulfill if they were delivered in a physical format. This does not impact your non-waivable rights.

8.6 Entire Terms. These Terms represent the complete agreement between you and us concerning the use of the Site. Our failure to utilize or enforce any right or provision within these Terms does not constitute a waiver of that right or provision. The headings in these Terms are for convenience only and hold no legal or contractual significance. The term “including” means “including but not limited to.” If any provision within these Terms is found to be invalid or unenforceable for any reason, the remaining provisions will stay intact, and the invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable under the law. Your association with Company is that of an independent contractor, and neither party represents or partners with the other. These Terms, along with your rights and obligations contained within, cannot be assigned, subcontracted, delegated, or transferred by you without prior written consent from Company, and any attempt to do so in violation of this will be null and void. Company is free to assign these Terms. The terms and conditions outlined in these Terms will be binding on any assignees.

8.7 Copyright/Trademark Information. Copyright 2021 Shewing The Fly Corporation (also known as Shewing The Fly). All rights are reserved. All trademarks, logos, and service marks (“Marks”) that appear on the Site belong to us or to other third parties. You are not authorized to use these Marks without obtaining our prior written approval or the approval of the third party that owns the Marks.

8.8 Contact Information:

Shewing The Fly Address:
201 E Center St Ste 112 PMB 3068,
Anaheim, CA 92805, United States

Please send enquiries via e-mail:
[email protected]