Introduction and Overview

Welcome to Flyer.

These Terms and Conditions ("Terms") govern your access to and use of the Flyer website and platform as well as any related applications, products, and services (collectively "Service") provided by Lared Media LLC, a company registered in Delaware, United States The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies, and procedures that may be made available on the Service from time to time.

These Terms, together with the privacy policy available here, and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement."

Please read these Terms and any additional terms applicable to your use of the Services before using it. By accessing or using the Services as a registered user or not, you confirm your agreement to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.

If you fail to abide by the provisions of the Terms herein, except as otherwise permitted by us from time to time, you agree that we may suspend or delete your user account and all information related to such account, with or without notice to you.

Throughout these Terms, we use "Flyer," "we," "us," or "our" to refer to Flyer, offering the service to you. "You" means the organization you represent in accepting these Terms or, if that is not applicable, "you" refers to you as an individual who makes use of the Flyer services.

ARBITRATION NOTICE: These Terms contain disclaimers of warranties and limitations of liabilities, including arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action. Arbitration is mandatory and the exclusive remedy for any and all disputes arising from your use of our Service unless to the maximum extent permitted by applicable laws. By entering this agreement, you expressly acknowledge that you have read and understand all of the terms of this agreement and have taken the time to consider the consequences of this important decision.

1. Services Overview and Eligibility

Services Description. The Flyer platform is a local event advertisement service that allows users to discover and interact with event promotions within their geographic area. The Service enables users to create accounts, view event flyers, and interact with promoters. Promoters can create and publish event flyers targeting users within specific locations.

Eligibility. To access and use the Services, you must be at least 18 years old and have the legal capacity to enter into these Terms. By using the Services, you represent and warrant that you meet these eligibility requirements.

2. Accounts and Registration

Account Registration. To access certain features of the Services, you must create an account. When registering, depending on how you intend to use our Services, you will be required to provide certain information such as your name, email address, business name, and business address, and you agree to provide accurate and complete information and keep your account information up-to-date at all times.

Username and password. Each user of the Service must register for their own Account. When you register for an account, you may be asked to choose a username and password. You will also be responsible for all activity that occurs under your account.

Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and all activities under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3. Licenses and Intellectual Property

Intellectual Property. All the Content included on the Flyer Services, including, but not limited to, images, code, illustrations, text, scripts, graphics, audio clips, video clips, documentation, and other interactive features made available to you on the Service contained herein are owned by Flyer or its licensors. Other service marks, logos, and names on this Service are the property of their respective owners. Any use of the Service or the contents made available to you through the Service other than as specifically authorized herein, without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Flyer can revocate this license at any time without notice and with or without cause. Despite the foregoing, we make no claim to the trademarks, copyrights, patents, or other intellectual property contained in certain third-party features, which are entirely the property of its owner, assignees, and licensees.

Limited License. Subject to your compliance with these Terms, Flyer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use.

Flyer may change, discontinue, or suspend the Service, including the availability of any feature, content, or database, at any time, with or without notice. Flyer may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You agree that Flyer may establish general rules and limits concerning the use of the Service, including the maximum period that content or other data will be retained by the Service and the maximum storage space that will be allocated on your behalf on Flyer's servers. You agree that Flyer has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.

4. User Representation and Acceptable Use

You agree not to access or use our Services for any illegal, harmful, fraudulent, infringing, or offensive use or to interfere with, disrupt, or attack our systems. Prohibited activities include but are not limited to the following:

i Use of the Service to post, share, or engage in any content that is illegal, infringes upon rights, or is harmful, harassing, defamatory, obscene, or promotes illegal activities.

ii Use of the Service to post content that is offensive, explicit, or encourages hate, discrimination, or unlawful behavior.

iii Use of the Service to post or distribute content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iv Using the Service to exploit, harm, or attempt to exploit or harm any individual.

v Use of the Service to transmit or engage in the use of any material that does not comply with these Terms.

vi Use of the Service for the transmission of unlawful advertising or promotional material, including spam or similar solicitations.

vii Use of the Service to attempt unauthorized access or disrupt the service or connected networks.

viii Use the Service to engage in activities that involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;

ix Introducing viruses, malicious software, or attempting to gain unauthorized access to disrupt any part of the Service.

x Engaging in any form of attack, such as a denial-of-service or distributed denial-of-service attack, on the Service.

xi Impersonating or attempting to impersonate any entity related to the Service.

xii Attempting to breach the service's security or seek unauthorized information.

xiii Interfering with the service's proper functioning.

We may suspend or terminate your access to our Services if you engage in any prohibited activity or materially breach these Terms.

5. User Content and Content Ownership

The Service allows users to upload, create, and publish various content types such as text, images, event flyers, and other promotional content ("Content"). By submitting User Content, you represent and warrant that you have all necessary rights and permissions to do so and that the User Content does not infringe upon any third-party rights

Ownership. As between the parties, you maintain all ownership and copyrights in your Content uploaded to the Service. The rights you grant to us are limited to those we need to provide, secure, and improve our Services. These may include generating insights and potential content topics based on the uploaded Content. License to Us. While you retain ownership of your Content processed using the service, you grant Flyer a global, non-exclusive, royalty-free license to host, store, display, modify, and distribute your Content as needed for Service operation.

Responsibility for Content. You are solely responsible for the legality, appropriateness, and accuracy of your Content. We are not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content. We may remove any Content that violates these Terms, our policies, or applicable law.

Backups. We may back up your content on a periodic basis, but you are primarily responsible for exporting and maintaining copies of it. Upon termination, we will make reasonable efforts to delete your Content, but excluded Content may remain in our backups and records.

Feedback. By submitting Feedback, you acknowledge and agree that such submission is voluntary, non-confidential, and without any expectation of compensation. Flyer is under no obligation to utilize the Feedback provided. By submitting Feedback, you grant Flyer and its representatives an irrevocable, non-exclusive, perpetual, royalty-free, fully paid-up license to utilize the Feedback without limitations or any obligation to make payments, seek permission, or provide notification to you or any third party. This license includes the right to reproduce, create derivative works, merge with other content, modify, translate, distribute, display, perform, and license the Feedback in all media known now or in the future indefinitely on behalf of Flyer or its representatives across the universe.

You warrant that the Feedback is your original creation, that you possess all necessary rights to disclose it to Flyer, and that neither your disclosure nor Flyer's evaluation or utilization of the Feedback will violate the rights of any other individual or entity. If your Feedback is the subject of a pending or granted patent, it is mandatory to disclose this information to Flyer.

Feedback Waiver. By accepting these terms, you unconditionally release and absolve Flyer from any and all present or future actions, claims, liabilities, damages, or demands, whether certain or potential, of any kind related to the Feedback. This includes, but is not limited to, how Flyer utilizes the Feedback, both directly and indirectly. You acknowledge your responsibility for the Feedback's content and thereby consent, at Flyer's discretion and at your own cost, to protect, indemnify, and exempt Flyer from any actions, claims, liabilities, damages, losses, expenses, fees, fines, or costs, including reasonable attorney fees. This commitment extends from the use of the Feedback in compliance with these specified Terms.

6. Copyright Infringement and Notification ("DMCA Notice") Flyer respects the rights of copyright and intellectual property owners and asks users of our website to do the same. Flyer's website may not be used to transmit, retransmit, distribute, post, or store any material that violates any person's rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations.

Flyer has established procedures for enforcing this. If you believe that your copyrighted work has been copied and is accessible on any part of our website in a way that constitutes copyright infringement, please contact us at support@flyer.app.

Notification of alleged copyright infringement. In order to be valid, the notification must be in writing and must contain the following information:

(i) a description of the copyrighted content or other intellectual property that you claim has been infringed;

(ii) a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;

(iii) a detailed description of where this content or intellectual property is located on the website in order for us to find it;

(iv) your address, telephone number, and email address;

(v) a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(vi) a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Please note that (i) any person who knowingly misrepresents to Flyer that material is infringing shall be liable to Flyer and/or the alleged infringer for any damages (including costs and attorneys' fees) suffered or incurred by Flyer and/or the alleged infringer as a result of Flyer's reliance on such misrepresentation and removing or disabling access to such material. (ii) Similarly, any person who knowingly misrepresents to Flyer that the material was removed or access blocked by mistake or misidentification shall be liable to Flyer and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys' fees) suffered or incurred by Flyer and/or the copyright owner or its authorized licensee as a result of Flyer's relying on such misrepresentation and replacing such removed or blocked material.

7. Third-Party Links and Resources

Some links on the Services may allow you to leave the Service. The linked sites are not in any way under the control of Flyer, and we are not responsible for the contents of any of such linked sites or any link contained in a linked site or any changes or updates to such sites.

Flyer is not responsible for any form of transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site.

You understand that any content or information made available or expressed by a third party on the Flyer Service is that of the respective owner(s) and not Flyer. Flyer neither approves nor is responsible for the accuracy, currency, or reliability of any content, opinion, information, advice, or statement made on the site by anyone.

8. Privacy Policy

When accessing and/or using the services we offer, we may obtain certain information about you, or you may be required to provide certain information. All uses of your information will be treated in accordance with our Privacy Policy, which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.

9. Disclaimer: No Warranties

YOUR USE OF THE SERVICES AND MATERIALS IS SOLELY AT YOUR OWN RISK. THE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FLYER DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE (OR YOUR ACCESS THERETO), OR ANY DATA, MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FLYER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. FLYER IS NOT RESPONSIBLE FOR THE FAILURE TO STORE OR MAINTAIN ANY USER DATA, CONTENT OR MATERIALS, USER COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. FLYER MAKES NO WARRANTY ABOUT THE COMPLETENESS OR ACCURACY OF THE MATERIALS WE PROVIDE TO YOU.

10. Limitation of Liability

Flyer and its officers, directors, employees, suppliers or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to Service interruption, and whether in tort, including without limitation negligence, contract or otherwise) in connection with these terms or the Service in any way (including in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the website).

In no event will Flyer's total liability arising out of or in connection with these terms or from the use of or inability to use the Service exceed the lesser of the total amounts you have paid to Flyer during the six months immediately preceding the event(s) giving rise to such liability or fifty dollars ($50), if you have not had any payment obligations to Flyer, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Flyer and you.

You understand and agree that any claim arising out of or related to these Terms or your use of the Services must be brought within one (1) year after the cause of action accrues, regardless of any statute or law to the contrary. In the absence of a timely claim, such cause shall be forever barred.

11. Indemnification

Your duty to Indemnify. You will defend, indemnify and hold harmless Flyer and our officers, directors, employees, agents, successors, and assigns from and against any third-party claims, losses, liabilities, damages, expenses and costs (including attorneys fees) arising from or related to (a) your use of our Services, (b) your Content, (c) your violation of these Terms, or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights).

Control of Defense. We will reasonably notify you of any claim subject to indemnification, but you will control the defense. We may participate in the defense at our own expense. You may not settle any claim without our consent if it includes a financial or specific performance obligation on or admission of liability by us.

12. Term and Termination

These Terms are effective beginning when you accept the Terms or access or use the Service and ending when terminated as described below.

You may stop making use of our Services at any time through your account settings or by contacting us at support@flyer.app. We may also terminate or suspend your access to our Services (including any paid subscriptions) at any time without notice to you if we have reasons to believe that you have violated any provision of these Terms or if we are required to do so in order to comply with law.

Effect of Termination. Upon termination, your license to use the Services will immediately terminate, and you must cease all use of the Services. At our option, we may delete any Content or other data associated with your Account. Certain sections of these Terms, including Sections 3 (Licenses and Intellectual Property), 5 (User Content and Content Ownership), 9 (Disclaimer: No Warranties), 11 (Indemnification), 12 (Terms and Termination), 13 (Dispute Resolution and Arbitration), and 14 (General Provisions), shall survive termination. 13. Dispute Resolution and Arbitration

Informal Resolution. If a dispute arises between you and Flyer, we encourage you to first contact us at support@flyer.app and attempt to resolve the dispute informally.

Binding Arbitration. If we are unable to resolve the dispute informally, you and Flyer agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or your use of the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and the arbitrator's decision shall be final and binding upon the parties.

Arbitration Location and Procedure. The arbitration shall be held in the county where you reside or at another mutually agreed location. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator shall have the authority to award any relief that would be available in court.

Class Action Waiver. You and flyer agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

Exceptions to Arbitration. Notwithstanding the foregoing, either party may seek injunctive relief in court to prevent irreparable harm pending the conclusion of any arbitration.

Opt-out Procedure. You may opt-out of this arbitration agreement by providing written notice to Flyer within thirty (30) days of your initial acceptance of these Terms. Your notice must include your name, address, and a clear statement that you wish to opt-out of the arbitration agreement.

14. General Provisions Modifications to Services. Because we strive to improve our services, our services may change from time to time. We may sometimes add or remove features, offer new services, stop offering a certain service, or increase or decrease capacity limits. Flyer also reserves the right to change or modify these Services at its discretion at any time. Unless we specifically agree otherwise in a separate agreement with you, we reserve the right to modify, suspend, or discontinue the Services or your access to the Services, in whole or in part, at any time without notice to you.

While we will endeavor to provide you with reasonable prior notice if we stop offering a Service, there may be urgent situations—such as preventing abuse, responding to legal requirements, or addressing security and operability issues—where providing advance notice is not feasible. We will not be liable for any change to, suspension, or discontinuation of the Services or your access to them.

Changes to these Terms. Flyer reserves the right to modify or update these Terms at any time. If we make material changes, we will provide you with reasonable notice and an opportunity to review the revised Terms before they become effective. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Service interruptions or outages. Flyer cannot guarantee uninterrupted or constant availability of the Services. Both unscheduled and scheduled interruptions may occur. Periodically, various factors beyond Flyer's control may also cause interruptions, delays, crashes, outages, errors, or other obstacles in delivering the Services. Some of these factors might require scheduled or unscheduled Service maintenance or service downtime (collectively referred to as "Downtime").

During scheduled maintenance or downtime, users may receive notifications, and we will strive to complete such scheduled maintenance promptly. However, in the event of an unscheduled downtime, such as a crash, our objective will be to reasonably resolve the issue and restore the service as swiftly as possible. Throughout these scheduled or unscheduled downtimes, users may experience an inability to transmit or receive data through the Service.

You acknowledge and understand that during any period of such downtime, a portion or all of the Services may become inaccessible. Furthermore, you accept that Flyer will not be held liable or responsible for any inconvenience or losses you may experience due to such downtime, including any temporary or permanent loss of user content.

Consent to electronic communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Any official communication to either party should be in written form and transmitted via email. Notices directed to Flyer should be sent to support@flyer.app. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including those communications being in writing.

Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Flyer regarding your use of the Services.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without Flyer's prior written consent. Flyer may assign these Terms, in whole or in part, at any time without your consent.

No Waiver. Flyer's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of law. Any legal action arising out of or related to these Terms or your use of the Services shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts. Contact Information. If you have any questions or concerns about these Terms or the Services, please contact us at team@theflyer.app.