Terms and Conditions
TERMS & CONDITIONS
By purchasing services on www.theflamingoproject.com, you have signed an agreement for services with The Flamingo Project, LLC.
The most frequent questions asked by our Clients regard ownership and usage of the concepts and materials created as a natural part of our working relationship. The following is intended to clarify who owns and has the right to use materials and concepts The Flamingo Project creates for its Clients.
- The Flamingo Project’ Clients retain ownership of their confidential information and any intellectual property they own prior to our working relationship.
- The Flamingo Project sometimes use the work of third parties (such as photographers, artists, and others) and their rights are spelled out in separate agreements. The Flamingo Project warrants that it possesses all rights necessary to allow the Client the right to use such third-party works in the project. The Flamingo Project agrees to indemnify, defend, and hold the Client harmless from and against any claims or liabilities arising due to a breach of the foregoing warranty.
- Upon payment of all fees and expenses, The Flamingo Project grants the Client the right to use the concepts it has created for them and the deliverables or other materials for the term negotiated or for the use provided in the proposal. Use or reproduction of the materials provided by The Flamingo Project that exceed the proposal is not permitted without The Flamingo Project’s written consent. lt is understood that there may be limitations on the use and ownership of materials by virtue of the rights of third parties. The Flamingo Project retains ownership of the intellectual property embodied in the materials and concepts The Flamingo Project provides to its clients.
- The Client agrees that any materials, concepts, plans, or ideas prepared by The Flamingo Project and submitted (whether submitted separately or in conjunction with or as part of other material) but not used by you, shall remain the property of The Flamingo Project unless it was either mutually agreed in writing that any such plan or idea became the Client’s property, or specific payment of the cost of its development was agreed upon and made by you. You agree to return to us any copy, artwork, or other physical embodiment of the creative work relating to any such ideas or plans which may be in your possession upon termination.
The warranties set forth in this agreement are the only warranties made and there are no other warranties, express or implied, and specifically, there are no implied warranties of merchantability or fitness for a particular purpose regarding the products or services rendered by The Flamingo Project except in connection with a breach of the confidentiality provisions of this agreement. The Flamingo Project shall not be liable for loss of profits, goods, or data, nor for any interruption or delay of Client’s business, nor for any other direct, indirect, incidental, or consequential damages resulting from any defect, including any error, in any of the deliverables or from their use.
Should any of the foregoing limitations be held invalid in whole or in part for any reason, in no event shall The Flamingo Project be liable for damages in excess of the amount actually paid by the Client to The Flamingo Project for the applicable deliverables.
This agreement shall be binding on and shall inure to the benefit of the parties hereto, and their administrators, successors, and assignees. No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this agreement. This agreement constitutes the entire understanding of The Flamingo Project and the Client, and revokes and supersedes all prior agreements between The Flamingo Project and the Client and is intended as final expressions of their agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this agreement. This agreement shall take precedence over any other documents that may be in conflict therewith. If a court of competent jurisdiction hereof holds any provision invalid or unenforceable, such invalidity shall not affect the validity or operation of any other provision and such invalid provision will be deemed severed from the agreement. This agreement will be governed in all respects by the laws of the State of Texas.