Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the website located at (https://kirbystudios.com/) and the services provided by Kirby Studios LLC (“Kirby Studios,” “we,” “us,” or “our”). By accessing our website, engaging our services, or providing your contact information to us, you (“you,” “user,” or “client”) agree to be bound by these Terms. If you do not agree to these Terms, do not use our website or services.

We reserve the right to modify these Terms at any time. Changes take effect when posted to this page with an updated Effective Date. Your continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.

2. Description of Services

Kirby Studios LLC is a digital marketing agency. We provide marketing services and related communications, which may include, without limitation, campaign management, lead generation, customer engagement, and account or service notifications. The specific scope of services provided to any client is defined in a separate agreement, proposal, or statement of work between that client and Kirby Studios.

We may add, modify, or discontinue any part of our services at any time without prior notice.

3. User Responsibilities

By using our website or services, you agree that you will:

  • Provide accurate, current, and complete information when requested.
  • Maintain the confidentiality of any account credentials issued to you and accept responsibility for all activity under your account.
  • Use our website and services only for lawful purposes and in accordance with these Terms.
  • Obtain all necessary rights, consents, and permissions for any content, contact data, or materials you provide to us.
  • Comply with all applicable laws and regulations, including those governing marketing communications, telemarketing, and consumer privacy.

 

You are responsible for ensuring that any contact lists or recipient data you supply were collected with proper consent and that recipients have opted in to receive communications where required by law.

4. Acceptable Use

You agree not to:

  • Use our website or services in any way that violates any applicable law or regulation.
  • Transmit any material that is unlawful, harassing, defamatory, fraudulent, or infringing.
  • Attempt to gain unauthorized access to our systems, networks, or data.
  • Interfere with or disrupt the integrity or performance of our website or services.
  • Use our services to send unsolicited messages, spam, or communications to recipients who have not provided lawful consent.
  • Reverse engineer, copy, or resell any part of our services without written authorization.

We reserve the right to suspend or terminate access for any user who violates this section.

5. SMS Messaging Terms

By providing your mobile phone number to Kirby Studios LLC, you consent to receive text (SMS) messages from us. These messages may include marketing communications and account or service notifications. Consent to receive SMS messages is not a condition of purchasing any goods or services.

Message Frequency. Message frequency varies. You may receive recurring messages based on your interactions with us and the programs you have opted into.

Message and Data Rates. Message and data rates may apply. These charges are determined by your mobile carrier and are your responsibility. Contact your wireless provider for details about your plan.

Opt-Out Instructions. You may opt out of receiving SMS messages at any time. Reply STOP to any message to unsubscribe. After you send STOP, we will send a confirmation message and you will no longer receive SMS messages from us. To rejoin, you may reply START or opt in again through our standard sign-up process.

Help Instructions. For assistance, reply HELP to any message, or contact us at hello@kirbystudios.com. Replying HELP will return contact information for support.

Carrier Liability Disclaimer. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your wireless carrier and is not guaranteed.

Privacy. Your privacy is important to us. Information collected in connection with our SMS program is handled in accordance with our Privacy Policy, available at (https://kirbystudios.com/privacy-policy). Mobile opt-in data and consent are never shared with third parties for their own marketing purposes.

6. Intellectual Property

All content on our website and within our services, including text, graphics, logos, designs, software, and the Kirby Studios name and marks, is the property of Kirby Studios LLC or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

Content, materials, and deliverables provided by you or created for you under a separate service agreement remain governed by the terms of that agreement.

7. Disclaimers

Our website and services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website or services will be uninterrupted, error-free, secure, or free of harmful components, or that any specific marketing results will be achieved.

You use our website and services at your own risk.

8. Limitation of Liability

To the fullest extent permitted by law, Kirby Studios LLC and its officers, members, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of our website or services, whether based in contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

In no event will our total aggregate liability for any claim arising out of or related to these Terms or our services exceed the amount you paid to us for the services giving rise to the claim in the twelve months preceding the event, or one hundred U.S. dollars ($100), whichever is greater.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree that any dispute arising out of or relating to these Terms or our services will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

10. Contact Information

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

Kirby Studios LLC
7280 Hillside Avenue, Los Angeles, CA
Email: hello@kirbystudios.com
Phone: (917) 512-3062
Website: https://kirbystudios.com/