Terms and Conditions
Last updated: September 2026
Welcome to the website of Birthday. Birthday is a creative agency and global creative collective based in New York City.
By accessing or using this website, you agree to these Terms & Conditions. If you do not agree with these terms, please do not use the website.
1. Use of This Website
This website is provided for general informational and promotional purposes, including information about Birthday, our work, services, people, and creative projects.
You agree to use this website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use of the website.
We may modify, suspend, or discontinue any part of the website at any time without notice.
2. Intellectual Property
Unless otherwise indicated, all content on this website—including text, graphics, photographs, illustrations, videos, animations, logos, trademarks, service marks, designs, concepts, and other materials—is owned by or licensed to Birthday and is protected by applicable intellectual property laws.
You may view and access the website for your personal, non-commercial use. You may not reproduce, distribute, modify, publish, display, sell, license, or otherwise exploit any content from this website without our prior written permission.
The Birthday name, logo, and related branding are trademarks or trade names of Birthday Industries LLC and may not be used without our prior written consent.
3. Our Work and Third-Party Rights
The work displayed on this website may include advertising campaigns, creative concepts, photography, film, music, artwork, trademarks, products, brands, and other materials belonging to our clients, collaborators, production partners, artists, photographers, directors, or other third parties.
The appearance of any third-party material on this website does not necessarily mean that Birthday owns all rights in that material.
All trademarks and copyrighted materials belonging to third parties remain the property of their respective owners.
4. Portfolio and Case Studies
Work shown on this website may have been created by Birthday in collaboration with clients, agencies, freelancers, production companies, artists, directors, photographers, or other creative partners.
Unless expressly stated otherwise, inclusion of a project in our portfolio does not imply that Birthday owns all underlying intellectual property rights in the project.
We may update, remove, or modify portfolio materials at any time.
5. No Confidential Submissions
Please do not send us confidential, proprietary, or commercially sensitive information through this website unless we have specifically requested it.
Any unsolicited ideas, concepts, proposals, creative materials, or other submissions sent to Birthday through the website or otherwise may be treated as non-confidential and may be used by Birthday without compensation or obligation, to the extent permitted by law.
This does not apply to information that is subject to a separate written confidentiality agreement between you and Birthday.
6. Accuracy of Information
We make reasonable efforts to keep the information on this website accurate and current. However, we do not warrant that all information is complete, accurate, current, or free from errors.
Website content may change without notice.
7. Third-Party Websites and Services
This website may contain links to websites, platforms, or services operated by third parties. These links are provided for convenience and do not constitute an endorsement or recommendation by Birthday.
Birthday is not responsible for the content, security, privacy practices, availability, or policies of third-party websites or services.
Your use of third-party websites is subject to their own terms and policies.
8. Disclaimer of Warranties
To the fullest extent permitted by law, this website and its content are provided on an “as is” and “as available” basis.
Birthday makes no warranties, express or implied, regarding the website or its content, including warranties of accuracy, reliability, availability, fitness for a particular purpose, or non-infringement.
We do not guarantee that the website will be uninterrupted, secure, or free of viruses or other harmful components.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Birthday and its members, employees, contractors, collaborators, and representatives will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of, or inability to use, this website or its content.
Nothing in these Terms & Conditions limits or excludes liability that cannot legally be limited or excluded under applicable law.
10. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Birthday Industries LLC and its members, employees, contractors, collaborators, and representatives from claims, liabilities, damages, losses, and expenses arising from your misuse of the website or your violation of these Terms & Conditions.
11. Privacy
Your use of this website may also be subject to our Privacy Policy, which describes how we collect, use, and protect personal information.
12. Changes to These Terms
We may update these Terms & Conditions from time to time. Any changes will become effective when posted on this website, unless otherwise stated.
Your continued use of the website after changes are posted constitutes acceptance of the updated Terms & Conditions.
13. Governing Law
These Terms & Conditions are governed by the laws of the State of New York, without regard to its conflict-of-law principles.
Any dispute arising out of or relating to these Terms & Conditions or your use of this website will be subject to the applicable state or federal courts located in New York County, New York, unless otherwise required by applicable law.
14. Severability
If any provision of these Terms & Conditions is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15. Entire Agreement
These Terms & Conditions constitute the entire agreement between you and Birthday regarding your use of this website and supersede any prior communications relating to your use of the website, except where a separate written agreement applies.
16. Contact
If you have questions about these Terms & Conditions, please contact:
Birthday Industries LLC
hello@birthday.com