Freebird Terms and Conditions
Terms and Conditions ("Terms")
Last updated: August 21, 2015
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Freebird mobile applications, website, and APIs (the "Service") operated by Freebird Interactive LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Ideas published on the Service are public domain unless otherwise protected by Trademark, Copyright or Patent.
Freebird Interactive LLC encourages users to take good ideas which have been submitted to the Service and make them a reality.
The liberator of an idea is not entitled to any compensation if another user profits from an idea.
Freebird Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Freebird Interactive LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Freebird Interactive LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Freebird Interactive LLC.
Freebird Interactive LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Freebird Interactive LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Inappropriate and therefore unacceptable usage of the Service is defined by the following constraints:
- User generated content shall not be directed at a specific minor.
- User generated content shall not contain excessively graphic or explicit language.
- User generated content shall not directly inflict emotional distress on a private aspect of an individual's life (e.g. bullying).
- User generated content shall not organize real world violence, theft, or property destruction (including intellectual property).
- User generated content shall not promote self harm.
- The service shall not be used as a means to impersonate others or to obtain or expose the sensitive personally identifiable information of others.
- Mass registration or automated usage of the service in any way is prohibited. Bots are not allowed. Humanoids are welcome, for now.
- No Spam!
Freebird is a platform for vetting ideas of all kinds and promoting action on those ideas which are supported by a majority of users. "Bad" ideas are not the same as inappropriate content and we strive to ensure that all ideas are open to the vetting process as long as they do not directly violate one of the constraints listed above.
Freebird relies on a combination of automated identification of inappropriate content and user notification via the flagging feature to ensure that the service remains as clean as possible. When a user flags content, that content is removed from the service and immediately submitted for review. The review process utilizes multiple reviewers who evaluate the content as compared to the Freebird unacceptable usage constraints. Given the imperfect and sometimes gray nature of judging content, a majority opinion of the reviewers is used to determine the fate of a specific piece of content. If the content is determined not to have violated the usage constraints, it will once again be visible from within the service.
Users may choose to utilize the ignore feature for any ideas which they realize do not violate the appropriateness standards, but do not want to vote on and also have no desire to see.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Freebird Interactive LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Freebird Interactive LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Freebird Interactive LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Louisiana, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.