These terms govern your use of frankiebird.com, operated by Frankiebird Inc. (“Frankiebird”, “we”, “us”). By using the site you agree to them. If you do not agree, please do not use the site.
The site is intended for a business audience. By using it you confirm you are at least 18 years old and legally able to agree to these terms, and that if you are using the site on behalf of a company or other organisation, you have authority to bind it.
Everything on this site is provided for general information about Frankiebird and the work we do. Nothing here is an offer, a quote, a proposal, or a commitment to provide services, and nothing here creates a client relationship. Any engagement between us is governed solely by a separate signed agreement, which takes precedence over anything stated on this site.
The site and everything in it — text, photography, video, graphics, layout, design, code and the Frankiebird name and logo — is owned by Frankiebird or its licensors and is protected by copyright, trademark and other laws. Client names, logos and marks that appear in our work are the property of their respective owners and are shown to identify projects we have worked on. Their appearance is not an endorsement of Frankiebird by those owners, nor a claim of ownership by us.
You may view the site and print or download a reasonable number of pages for your own internal reference. You may not:
Please do not send confidential or proprietary material through the contact form. Anything you submit through the site is treated as non-confidential, and by submitting it you grant Frankiebird a non-exclusive, worldwide, royalty-free licence to use it for the purpose of responding to you and running our business. If you send us feedback or suggestions, we may use them freely and without obligation to you. If you need to share something confidential, tell us and we will put a written agreement in place first.
The site links to third-party websites and social platforms we do not control. We provide those links for convenience only. We are not responsible for their content, accuracy, security or practices, and including a link is not an endorsement.
The site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Frankiebird disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the site will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any information on it is complete, current or accurate.
Projects shown on this site were produced under conditions specific to those engagements. They are examples of past work, not a prediction, guarantee or promise of any particular result.
To the fullest extent permitted by law, Frankiebird and its officers, members, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to your use of — or inability to use — this site, whether based in contract, tort, strict liability or any other theory, and whether or not we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to this site will not exceed one hundred United States dollars (USD 100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you. Nothing in these terms limits liability that cannot lawfully be limited.
You agree to indemnify and hold harmless Frankiebird and the people listed above from any claims, damages, losses, liabilities and reasonable legal costs arising out of your use of the site, your breach of these terms, or your violation of any law or of the rights of a third party.
Our handling of information is described in our Privacy Policy, which forms part of these terms.
We respect intellectual property rights. If you believe material on this site infringes your copyright, send us a notice through our contact page that identifies the copyrighted work, identifies the material you say is infringing and where it sits on the site, gives your contact details, and includes a statement that you believe in good faith the use is not authorised and that the information in your notice is accurate. We will investigate and respond, and may remove the material.
We may change, suspend or discontinue any part of the site at any time without notice, and we may restrict access to anyone who breaches these terms. The sections on intellectual property, submissions, disclaimers, limitation of liability, indemnity and governing law survive any termination of your access.
These terms and any dispute arising out of them or out of your use of the site are governed by the laws of the State of California, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If a dispute arises, please contact us first — most things are resolved with a conversation, and we ask that you give us 30 days to try. If that does not resolve it, you and Frankiebird agree to the exclusive jurisdiction of the state and federal courts located in California, and each of us waives any objection to venue there.
We may revise these terms from time to time. The date at the top shows when they were last updated, and the version posted here is the one that applies. Continuing to use the site after a change means you accept the revised terms.
If any provision of these terms is found unenforceable, the rest remain in full effect and the unenforceable part will be applied as closely as possible to its original intent. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them in connection with a merger, acquisition or sale of assets. These terms, together with the Privacy Policy, are the entire agreement between you and Frankiebird regarding this site.
Questions about these terms can be sent through our contact page.