1. ACCEPTANCE OF TERMS
By accessing, downloading, installing, or using Smart Bird Social Services, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge that You have read and understood. If you do not agree to these Terms, you are prohibited for using or accessing this website.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at https://smartbirdsocial.net/terms-of-service/ on a regular basis to keep informed of any changes.
2. EARNINGS AND INCOME DISCLAIMER
Smart Bird Social Media (“Smart Bird Social”) cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. We do not promote, advocate, or advertise “get rich schemes.” Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
3. HOURS OF OPERATION
Smart Bird Social office hours are Monday – Friday, 9 a.m. – 4:30 p.m. EST. We are closed for on weekends, all government observed holidays, and at our discretion.
4. PRODUCTS & SERVICES – RETURNS, CANCELLATIONS, GENERAL INFORMATION
Twitter Marketing System
If work has not yet begun on your account (ie. we have not started your initial setup), you may cancel your purchase within 24 hours of payment. There are no refunds available for the initial basic setup after it has begun and is completed.
You may cancel your monthly Twitter management service at any time by sending us an email. However, monthly service fees are not prorated. Therefore, your service will continue through the 30-day payment period (unless you prefer it does not), and your cancellation will be effective starting the subsequent month after your email has been sent.
The specifics are outlined in more detail in the Terms and Conditions.
Image Creation and Any Graphic Design Services
If work has not yet begun on creating your images (i.e. we have not reviewed your requirements and we have not invested any time in designing your images), you may cancel your purchase within 48 hours of payment. There are no refunds after the work has begun or after it is completed. We stand by this policy because You are paying Smart Bird Social based on a service, not a product.
Blog to Video Service
100% satisfaction guaranteed. You review each video before I provide the final files to you. If you don’t like the video(s), you can tell me at that time and I will give you a refund. However, there are several stipulations:
– If you request/receive a refund, you will not receive the finished video file(s).
– Your request for a refund must happen BEFORE you receive your final video files. Once the email with the download link has been emailed to you, there are no refunds.
My standard delivery time is a week (seven days) from when I receive the questionnaire/form from you. I provide up to two revisions per video. Please note that revisions may extend the delivery date. The final files will not be emailed to you. Instead, you will be emailed a link where you can download your files. You will have 7 days to download your video files. After that time, your download link will no longer work. Due to the size of the files, we can’t keep your files on our server for more than a week.
You own your video after it’s final delivery. However, I reserve the right to take credit for the video’s creation and include it in my portfolio, on my website, and in other marketing or promotional materials. If you prefer that I don’t reserve creation rights to your video, there will be an additional $50 fee for each video.
A 50% deposit of the fee is due upfront before work begins. If you decide to cancel the contract prior to any work beginning, you’ll receive a refund of the deposit. However, if you cancel after work has commenced, your deposit will be returned less any hours worked. Please refer to the contract for all details. (The contract supersedes any information provided here.)
If you decide to purchase a Digital Product (i.e. eBook, online course, etc.) created by Smart Bird Social, then please do so with every intention to keep it. We offer limited time, money back guarantees on certain products as noted during checkout. Depending on the product You purchase, we make every effort to keep our products current and up-to-date. No refunds will be processed for eBooks. We do not offer a “forever guarantee” of our online courses. However, if you purchase an online course, you will retain access to it for the life of the product and be eligible for its updates. Smart Bird Social reserves the right to change content options (including eligibility for particular features) or remove access without notice to any previously purchased training or content that is no longer valid or deemed out of date.
Blogging and Content Creation Services
There are no guaranteed refunds on blogging and content creation services. We make every attempt to ensure your satisfaction.
The Content Cure – Visual Assets Membership Program (Subscription Service)
How It Works
The Content Cure is a monthly subscription service where members access a membership website to download visual assets to brand and use on social media. One subscription per person. If you’re a social media manager who needs assets for more than one client, please contact me.
The subscription renews automatically each month until you cancel.
If you decide to purchase a membership to The Content Cure, you agree to the following Terms and Conditions:
- The assets provided are licensed and not sold. Therefore, you do not own the assets that you download and cannot copyright or trademark them.
- You are granted the limited rights to use, display, and brand the assets for use on social media only. You may not distribute or sell the assets to others.
- You will not use the assets for any illegal or immoral purposes, including without limitation for unauthorized or illegal advertising or promotional materials, such as junk mail, spam, chain letters, or pyramid schemes.
- In no event shall Smart Bird Social or its owners be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind or damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the site or any website referenced or linked to from the site.
- Some of the images, videos, and other materials within the membership have been derived from assets covered by Creative Commons licensing through reputable sites such as Pixabay, Pexel, or Unsplash or via applications that license these assets, such as RelayThat, Stencil, and other applications that allow commercial use of both the assets and the software. You agree not to hold Smart Bird Social and its owners liable for any infringement resulting from licensing issues that may arise if there is a problem with one of these free stock photo sites or applications. We make every attempt to use reputable sites, commercial licensing when applicable, and commercial-use applications.
- You agree to indemnify and hold Smart Bird Social and its parents, subsidiaries, affiliates, officers and employees harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use or misuse of the assets, your failure to comply with applicable laws, or your failure to comply with these terms.
- As part of your membership, you agree to the Terms as laid out by Teachable, which is the platform on which the site is hosted. All of your payment processing goes through Teachable. You agree to contact Teachable for any payment processing issues, cancellations, or account issues.
- We do not guarantee access to assets that are not in the membership area. For example, every month we upload at least 50 new assets into the membership area. You will have 30 days from the date of upload into the membership site to download the latest assets. After that time, there is no guarantee that the files will be available to download. We do this to keep our membership area tidy while making sure that content is frequently refreshed and not overused.
As part of your membership in The Content Cure, you will be billed monthly by Teachable. If you fail to make payment, then your membership access will be revoked and you will no longer be able to use the site.
You may cancel your membership at any time. However, please note the following:
- Once you cancel your membership, you no longer have access to the site but you can continue using the assets you downloaded in the past.
- There are no refunds. Your cancellation will be effective once your current 30-day subscription expires. The reason that there are no refunds is that there is nothing to prevent you from downloading the assets and then canceling your subscription, which would not be fair to us or to other members.
- You must cancel your subscription via the Teachable platform. Smart Bird Social doesn’t manage the billing for your subscription and we don’t have access to your payment information.
Smart Bird Social reserves the right to end the subscription service as it see fits and agrees to give members 30 days notice when the service is ending.
Services in General
All sales are final.
Smart Bird Social reserves the right to change or discontinue any part of our Services or Products, without notice, at any time, and at our sole discretion.
Prices for all Services, including, without limitation, the monthly subscription plan fees, are subject to change upon 30-days notice. Such notice may be provided at any time by posting the changes on this site. Such price increase shall not affect, however, those Customers who have pre-paid for such period, and shall only take effect at the time of the monthly renewal.
5. YOUR ACCOUNT
You agree to provide accurate and complete information when you register with, and as you use, Smart Bird Social Services, and you agree to update your account information to keep it accurate and complete. You agree that Smart Bird Social may store and use the information you provide for use in maintaining and billing fees to your Account.
6. INTELLECTUAL PROPERTY
You agree that the Smart Bird Social, including but not limited to Smart Bird Social Products and services, graphics, user interface, audio clips, video clips, editorial content, templates and the scripts and software used to implement Smart Bird Social Services, contains proprietary information and material that is owned by Smart Bird Social and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Smart Bird Social Services in compliance with this Agreement. No portion of Smart Bird Social Services, Products, or Content may be reproduced in any form or by any means, without expressed written permission from Smart Bird Social. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Smart Bird Social Services in any manner, and you shall not exploit the Smart Bird Social brand in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Smart Bird Social and its licensors reserve the right to change, suspend, remove, or disable access to any Smart Bird Social products, content, or other materials comprising a part of the Smart Bird Social brand at any time without notice. In no event will Smart Bird Social be liable for making these changes. Smart Bird Social may also impose limits on the use of or access to certain features or portions of Smart Bird Social services, in any case and without notice or liability.
All copyrights in and to Smart Bird Social Media (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Smart Bird Social and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF SMART BIRD SOCIAL, EXCEPT FOR USE OF SMART BIRD SOCIAL MEDIA AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Smart Bird Social, its logo, trademarks, service marks, graphics, and logos used in connection with Smart Bird Social are trademarks or registered trademarks of Smart Bird Social Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Smart Bird Social services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
7. PERSONAL CHECKS
We reserve the right not to accept personal checks. We reserve the right to hold checks for 10 business days. Once 10 business days are complete, the order will be released. All returned checks will be charged a $35 USD return check fee. Counter checks will not be accepted. Checks and money orders must be sent in US funds.
8. CUSTOMER SERVICE
If you have questions or comments regarding Smart Bird Social services or products, please email us at customerservice (at) smartbirdsocial.net.
Smart Bird Social is not responsible for the websites that this site links to or those sites that link to the Smart Bird Social website. Linkage to or from any website does not infer support by Smart Bird Social of the site. Utilization of any such connected site is at your own risk.
10. GOVERNING LAW
Any case identifying with Smart Bird Social’s site should be administered by the laws of the United States, the state of Virginia, without respect to its contention of law provisions.