Terms and Conditions of Service
The Site and the provided products and services are delivered by the Fly Guy Photoshop Team (hereinafter referred to as “FlyGuyP”). The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, FlyGuyP and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
By accessing this Site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trade mark law.
FlyGuyP provides a platform promoting, selling and delivering digital content to customers located around the world, among other functionalities provided from time to time (collectively, the “Service(s)”). Access to the Site is offered only for your use, and not for the use or benefit of any third party. Access to the Site may be terminated or suspended, without prior notice or liability of FlyGuyP.
If you continue to browse and use FlyGuyP, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern FlyGuyP’s relationship with you in relation to the Site, along with any products and Services offered thereby.
FlyGuyP reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated in our contact web page. We will undertake our commercially reasonable efforts in order to answer as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.
We use worldwide accepted third-party payment processors to bill you through a payment account linked to you. You hereby authorize us the charging of fees through your indicated payment processing account.
The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. FlyGuyP is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.
You must provide us valid and current billing information. If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
You can always contact our team with questions about your order, and we will strive to answer them and work together to solve any such doubts.
Provided that you comply with the Terms, you are granted an authorization to download one copy of the materials (content, information or software) available on the Site for your personal, non-commercial transitory viewing only. This is the grant of a limited license, not a transfer of title, and under this license you may not:
Modify or copy the materials;
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
Attempt to decompile or reverse engineer any software contained on the Site;
Remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or "mirror" the materials on any other server.
Accordingly, this limited license shall automatically terminate if you violate any of these restrictions and may be terminated by FlyGuyP at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
FlyGuyP encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. FlyGuyP does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may not use them, even under the direct supervision of your parent or legal guardian. FlyGuyP does not knowingly collect any kind of information from any person under the age of eighteen (18), and will delete any related information thereto.
As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Products or the Services in order to:
a. Infringe these Terms, or allow, encourage or facilitate others to do so.
b. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
c. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
d. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
You hereby grant FlyGuyP an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all world, right and licence to use, host, store, reproduce, modify, create derivative works, publicly display and distribute such any content you may upload or otherwise any content delivered to Volve.io via the Site or the Services. The aforementioned license shall be limited in scope to: (i) providing the Services and associated customer and end user support by FlyGuyP; (ii) editing and delivering the end user generated content to all end users; and (iii) analyzing and improving our Services. You represent and warrant to FlyGuyP that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to FlyGuyP as set forth herein.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and the Services are the property of –or otherwise are licensed to– FlyGuyP or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States and other jurisdictions throughout the world.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) FlyGuyP begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) FlyGuyP’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by FlyGuyP to you from time to time; or (v) FlyGuyP’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.
Third Party Links.
The Site and the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites, products or services.
From time to time, we may place ads and promotions from third party sources within the Site. Accordingly, your participation or undertakings in promotions of third parties other than FlyGuyP, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. FlyGuyP is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Disclaimer of Warranty.
To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. FlyGuyP, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.
In no event shall FlyGuyP, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not FlyGuyP, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
Limitation of Liability.
In no event shall FlyGuyP’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount.
These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree and acknowledge to indemnify, hold harmless, and defend FlyGuyP, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “FlyGuyP’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such FlyGuyP’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by FlyGuyP); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.
Assignment. These Terms will inure to the benefit of any successors of the parties.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.
Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Applicable Law, Dispute Resolution.
Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Florida, United States of America, without regard to conflict of law principles.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Newbrows shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Newbrows, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in the City of Miami Gardens, State of Florida. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
If you have any questions or queries about us, the Site, our Services or these Terms, please contact us as indicated in our contact page, by email to email@example.com; by post to PO Box 2667, Miami Gardens, Florida, 3055, USA; and by phone to1-833-835-9489
Date of last effective update is [---------], 2018.