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Terms and Conditions

Effective Date: October 1st, 2024

Welcome to Moonbird Studios! These Terms and Conditions (“Terms”) outline the rules and regulations for the use of our website, located at https://moonbirdstudios.com. By accessing or using our site, you agree to comply with these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using Moonbird Studios, you agree to be bound by these Terms, including any additional guidelines, rules, or policies we may implement. If you do not agree to these Terms, you must not use or access our website.

2. Changes to Terms

We reserve the right to modify or update these Terms at any time. Changes will be effective immediately upon posting to this page, and your continued use of the website signifies your acceptance of the updated Terms. It is your responsibility to check this page periodically for updates.

3. Eligibility

By using this website, you represent that you are at least 18 years of age or accessing the site under the supervision of a parent or guardian. Use of the site by minors should be under the guidance of a responsible adult.

4. Use of Website

You agree to use Moonbird Studios for lawful purposes only and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of, this site by any third party. Prohibited behavior includes, but is not limited to:

  • Posting false or misleading information.
  • Engaging in any activity that interferes with the website’s proper functioning or circumvents security measures.
  • Using this website for any fraudulent, illegal, or unauthorized activity.
  • Collecting personal information from other users without their consent.

5. Product and Service Availability

Moonbird Studios provides various digital and physical products. Availability of products and services is subject to change without notice. We reserve the right to limit the sale of products or services to any person, geographic region, or jurisdiction.

We also reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

6. Intellectual Property

Unless otherwise stated, Moonbird Studios and/or its licensors own the intellectual property rights for all material on this website. All intellectual property rights are reserved.

You may view and print pages for your own personal use, but you must not:

  • Republish material from this website.
  • Sell, rent, or sub-license material from the site.
  • Reproduce, duplicate, or copy any content for commercial purposes without our express written consent.

7. User Content and Submissions

If you submit any content to the website, including reviews, comments, or other user-generated materials, you grant Moonbird Studios a worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, and publish that content for the purpose of operating and marketing the website.

By submitting content, you represent that you own the rights to the material or have obtained the necessary permissions to share it, and that your content does not violate any third-party rights, including intellectual property or privacy rights.

We reserve the right to remove any content that we determine to be offensive, unlawful, or otherwise inappropriate.

8. Payments and Transactions

All payments made on our website are subject to verification. We reserve the right to refuse or cancel orders if fraud or an unauthorized transaction is suspected.

  • Pricing: All prices listed on the website are subject to change without notice. We strive to provide accurate pricing information, but errors may occur. In the event that a product is listed at an incorrect price, we reserve the right to cancel any orders placed for that product.
  • Refunds and Returns: Please refer to our [Refund Policy] for details on our refund and return process.

9. Third-Party Links

Moonbird Studios may contain links to third-party websites or services that are not owned or controlled by us. We do not have control over the content, policies, or practices of third-party websites and are not responsible for any damages or losses resulting from your use of such links. You are advised to review the terms and policies of third-party websites before using them.

10. Limitation of Liability

Moonbird Studios, its owners, employees, or affiliates will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of or inability to use the website, its services, or products. This includes damages resulting from errors, omissions, interruptions, defects, or delays in the operation or transmission of the website.

Our liability for any claim related to a purchase through the website is limited to the amount paid for the product or service.

11. Disclaimer of Warranties

Moonbird Studios provides the website and services on an “as-is” and “as-available” basis. We do not warrant that the site will be uninterrupted, error-free, or free of harmful components. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Indemnification

You agree to indemnify, defend, and hold harmless Moonbird Studios and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses arising from:

  • Your use of the website.
  • Your violation of these Terms.
  • Your violation of any third-party rights, including intellectual property rights or privacy rights.

13. SMS Messaging

By providing your mobile phone number and opting in, you consent to receive SMS communications from Moonbird Studios related to your orders, promotions, updates, and other relevant information. Message frequency may vary based on your interactions. Standard message and data rates may apply.

  • Opting Out: You can opt out of SMS communications at any time by replying “STOP” to any SMS message. For help, reply “HELP” or contact our support team.
  • Liability: Moonbird Studios is not responsible for any charges incurred by you from your service provider related to SMS messages. You are solely responsible for any fees charged by your carrier.

14. Termination

We reserve the right to terminate or suspend your access to our website or services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to our interests or the interests of others.

15. Governing Law

These Terms and any disputes arising out of or related to the use of Moonbird Studios or its services will be governed by and construed in accordance with the laws of [insert state/country]. Any legal action or proceeding shall be brought exclusively in the courts of [insert jurisdiction].

16. Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

17. Entire Agreement

These Terms, along with any other legal notices or policies posted on the website, constitute the entire agreement between you and Moonbird Studios regarding the use of the website and supersede any prior agreements or understandings, whether written or oral.

18. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Moonbird Studios
fly@moonbirdstudios.com
99 Spring Street, Newport, RI 02840

By using this website, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.