Terms of service

These terms and conditions of service (the “Terms”) explain how you may use this website ("Site") songbirdmarketing.com and associated online channels. Please read before using this Site. Accessing content on any part of the Site indicates your consent to be bound by these Terms. Contact hello@songbirdmarketing.com if you have any questions.

Definitions:

  • "Content" means any information, materials, text, images, video, audio or other multimedia content, housed on the Site or related online channels;

  • “We” or "SongBird" means SongBird Marketing Communications, located in Brantford, ON, Canada.

  • "you" or "your" means any person accessing or using the Site or its Content.

Any new features or tools added to the website will be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms at any time.

Restrictions on Use

The Site is for your personal use only. As a condition of your use of the Site, you agree:

  • not to infringe upon or violate intellectual property rights;

  • not to use, or solicit others to use, the Site for any purpose that is unlawful, or prohibited by these Terms;

  • not to use the Site to discriminate, defame, or disparage anyone or act in a way that causes us to be liable to any third party;

  • not to spam, phish, pharm, pretext, spider, crawl, or scrape for any unlawful or unethical purpose; and

  • not to use the Site to distribute viruses or malware or other similar harmful software code.

We reserve the right to report to authorities if you do not comply with any part of these Terms.

Ownership, Use, and Intellectual Property Rights

SongBird Marketing Communications owns this Site, its Content, and all intellectual property rights in the Site. Whether registered or unregistered anywhere in the world, Intellectual property rights include, without limitation, all copyright, domain names, design rights, and database rights.

You agree not to manipulate any intellectual property or content contained on the Site.

Trademarks and any other Content on the Site may not be misused or misrepresented and require written permission for any use. 

Accuracy, Completeness, and Timeliness of Information

Content on the Site is provided for general and educational information purposes only. We cannot guarantee all information is accurate and up to date but will use reasonable efforts to do so. We reserve the right to correct any errors or omissions and update information at any time without notice.

Content on the site does not constitute official advice. Any reliance on the information on this site is at your discretion.

Modifications and Limitations to Services and Packages

Prices and descriptions of our services and packages are subject to change without notice. We reserve the right (without liability) at any time to modify, limit, or discontinue any Service (or any part or content thereof) without notice.

Third-Party Tools and Links

If you choose to use any third-party tools through the Site, packages, or services, you acknowledge that SongBird will not have any liability related to the use of said tools. We neither monitor nor have any control nor input over these tools. You agree to familiarize yourself with the terms on which tools are provided by the relevant third-party provider(s).

Any third-party hyperlinks or references on the Site are provided for your convenience only and are not affiliated with SongBird. We accept no responsibility for any content, material, or information contained in them. We are not liable for any outcomes related to any transactions made in connection with any third-party websites. Inclusion of third-party hyperlinks does not constitute an endorsement. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback, and Other Submissions

If, by request or otherwise, you send specific submissions, creative ideas, suggestions, or other materials, you agree that we may use any content at any time without restriction without compensation.

We are under no obligation to respond to any comments or feedback on the Site. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms. You are solely responsible for any comments you make and their accuracy.

Automated Communications

We use a combination of apps and tools to provide automated communications to customers, including but not limited to Mailchimp and Squarespace.

Email subscribers will only be contacted with recurring emails if consent is provided.

Results Guarantees and Limited Liability

We do not guarantee package or services results.

In no case shall SongBird or its team be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

Indemnification

You agree to indemnify, defend, and hold harmless SongBird and our affiliates, partners, contractors, subcontractors, suppliers, interns, and employees from any claim or demand. Such claims could include, but are not limited to, reasonable attorneys’ fees made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

General

These Terms are dated May 5, 2022. We reserve the right to update these Terms at any time. Your continued use of the Site indicates your agreement with the updated Terms.

All questions should be directed to hello@songbirdmarketing.com and all necessary notices from us to you will be displayed on the Site.

Should any part of these Terms become unenforceable the enforceability of any other part of these Terms will not be affected.

These Terms shall be construed in accordance with and governed by the laws in effect within Ontario, Canada.

Privacy Policy

Effective date

This Privacy notice is effective as of May 5, 2022.

Type of information collected

This website collects personal data to power our site analytics, including:

  • Information about your browser, network, and device;

  • Web pages you visited prior to coming to this website; and

  • Your IP address.

This information may also include details about your use of this website, including Clicks, Internal links, Pages visited, Scrolling, Searches, and Timestamps.

Consent and usage

By using our Website, you consent to our collection, use, and disclosure of your personal information as outlined in this policy. This information is used to personalize your experience using our website. We share this information with Squarespace and Google analytics, our website analytics providers, to learn about site traffic and activity. Squarespace needs the data to run this website, and to protect and improve its platform and services. Squarespace analyzes the data in a de-personalized form.

Should you consent to receiving emails, we may send you marketing emails, which you can unsubscribe from by clicking the link at the bottom of the email. We share your contact information with Mailchimp, our email marketing provider, so they can send these emails on our behalf.

Fonts

This website uses font files from Google Fonts and Adobe Fonts. To properly display this site to you, servers where the font files are stored may receive personal information about you, including:

  • Information about your browser, network, or device

  • Your IP address

Law Enforcement Requests

We will disclose personal information without your knowledge or consent if we receive an order, subpoena, warrant, or other legal requirement issued by a court, tribunal, regulator, or other person with jurisdiction to compel disclosure of your personal information.

Revision of Policy

This privacy policy may be updated at any time for any operational, legal, or any other reasons.

We will notify you of material changes prior to such material change being effective via notice on our website. Your continued use of our Website shall constitute your acceptance of the revised policy.

Disputes and Complaints

This policy is subject to our Terms of Use, including terms regarding the governing law and the resolution of any disputes between us. If you have a complaint with respect to our privacy policy, please contact us at the link provided under “Contact”.