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Terms of Service

By signing up for the Hummingbird service (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

The providers of the Service ("We") reserve the right to update and change the Terms of Service from time to time without notice. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. Any new features or tools added to the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://hummingbirdapp.com/terms

Account Terms

  1. You must be of legal age to form a binding contract and must not be a person barred from receiving services under the laws of your applicable jurisdiction to use this Service.
  2. You must provide a valid email address and other information needed in order to complete the signup process.
  3. You are responsible for maintaining your account and keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. You are responsible for all activity and content that occurs under your account (even when Content is posted by others who have accounts under your account).
  5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
  6. A breach or violation of any of the Account Terms will result in the termination of your Account.

Cancellation and Termination

  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account Settings link in the global navigation bar at the top of the screen. The Account screen provides a simple cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. The Hummingbird service, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 14 days notice from us. Such notice may be provided at any time by posting the changes to the Hummingbird Site or the Service itself.
  3. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
  2. We do not pre-screen Content, but providers of the Service and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is copyright ©2012. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from the providers of the Service.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission from the providers of the Service.
  6. We may, but have no obligation to, remove Content and Accounts containing 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 of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by the providers of the Service) of other customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  14. The failure of the providers of the Service to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the providers of the Service and govern your use of the Service, superseding any prior agreements between you and the providers of the Service (including, but not limited to, any prior versions of the Terms of Service).
  15. Questions about the Terms of Service should be sent to .