Wild Redbird
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Terms of Service

Terms of Service

Effective date: October 17, 2019

These Terms of Services (these “Terms”) apply to our website (our “Site”), and such other subscriptions and services that may be provided by us from time to time (collectively, the “Services”). In addition to these Terms, your access to and use of the Services are governed by the Wild Redbird Privacy Policy, which can be found at www.wildredbird.com/privacy (the “Privacy Policy”), and which is incorporated into these Terms by reference. Please read these Terms and the Privacy Policy carefully. These Terms govern your use of the Services and constitute a binding agreement between you and Wild Redbird LLC (“Wild Redbird,” “we” or “our” or “us”), and are deemed accepted by you and Wild Redbird. Your access to or use of the Services indicates your acceptance to these Terms. By using the Services, you hereby warrant and represent that (i) you have read, understand and agree to these Terms, and (ii) you have the authority to accept and agree to this Privacy Policy.

PLEASE DO NOT ACCESS OR USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS.

Wild Redbird reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the Site. You should visit this page periodically to review the most current Terms, because they are binding on you. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms.

What We Own

All material and services available on the Site, and all material and services provided by or through Wild Redbird, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, newsletters, functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Wild Redbird trademarks and service marks, logos, slogans and taglines are the property of Wild Redbird. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners.  Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on our Site without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline. 

Rights to Use What We Own

Subject to these Terms, Wild Redbird hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of these Terms. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.

Rules

 You agree to all of the following: 

  •  You hereby certify that you are at least 13 years of age. Individuals under the age of 13 are prohibited from using the Services.

  • If you have provided us with your e-mail address for purposes of receiving our newsletter or otherwise, you will ensure the e-mail address is valid at all times.

  • You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity.

  • You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.

  • You will not use the Services or Materials to impersonate another person. 

  • You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Wild Redbird without our express written permission.

  • You may not send unsolicited messages (also known as junk mail or SPAM) to promote the Site.

  • You will not offer any contest, sweepstakes, coupon or other promotion through the Site.

  • You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Site’s infrastructure.

Third-Party Websites; Third-Party Services; No Implied Endorsement

The Site may contain links to other websites owned by third parties ("Third-Party Sites"). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. Wild Redbird is not responsible for any activity occurring within Third-Party Sites. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third-Party Sites, whether or not you were linked to or directed to a Third-Party Site through the Site. You acknowledge that Third-Party Sites may be subject to the applicable third-party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service.  In no event shall any reference on the Site to any third party, third-party website or third-party product or service be construed as an approval or endorsement by us of that third party, third-party website or of any product or service provided by a third party.

LIMITATION OF LIABILITY

WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, THE MATERIALS OR ANY USER CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WILD REDBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE WILD REDBIRD AND HOLD WILD REDBIRD AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, SITE OR ANY USER CONTENT AVAILABLE ON OR THROUGH THE SITE.  YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you. 

Termination/Exclusion

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, for all or some of our users, for any reason, at any time and in our sole discretion.  All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted.  

Indemnification

You agree to indemnify, hold harmless, and defend Wild Redbird and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use of the Services, the Site or  the Materials, or (ii) your User Content.  This includes, but is not limited to, any breach or violation of these Terms by you.  You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

Amendments

We reserve the right, in our sole discretion, to modify or replace any part of these Terms at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Site that we have changed these Terms. We encourage you to visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site. For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of these Terms.

Privacy

We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions.

Other

You acknowledge that a violation or attempted violation of any of these Terms will cause such damage to Wild Redbird as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Wild Redbird shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Wild Redbird in obtaining such an injunction, including, without limitation, attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Wild Redbird, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.

Third-Party Beneficiary

 Squarespace, Inc., through which our Site is hosted, is deemed a third-party beneficiary of these Terms and our Privacy Policy. 

Miscellaneous

If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Other than with respect to Squarespace as provided above, these Terms does not confer any third-party beneficiary rights.