By using our services, you are agreeing to our Terms of Service below. You understand that your use of our services is at your own risk. We shall not be responsible for any damages that may arise in connection with any transaction with us or your use of the services.
Please read these Terms of Service carefully "before" using the services. Your use of the services constitutes your acceptance of this agreement and indicates your willingness to be bound by these Terms of Service.
These Terms of Service are between you and HUMMING WORKS LLC ("www.hummingworks.com" or "we") and govern your use of the website located at www.hummingworks.com and other services we may make available from time to time to users (together, the “Services”). Please read these terms and conditions carefully before using the Services. Your use of the Services constitutes your acceptance of this agreement and indicates your willingness to be bound by these Terms of Service.
Content and Product Information
In conjunction with the Services, we may present information and content, including but not limited to, product information, pricing information, and product specifications, as well as commentary, advertisements, and other third party content (collectively, “Content”). We attempt to ensure that Content provided through the Services is complete and accurate. However, we are not responsible for inaccurate Content provided through the Services and makes no representations as to the accuracy or completeness of Content, including the availability or effectiveness of any product. We are not liable for any loss that may result from your reliance on any Content.
We reserve the right to change or suspend any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. We also reserve the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.
Profiles, Blogs and Boards
In connection with the Services, you may be invited to provide personal information, custom screen names, icons and other profile information and you may be permitted to comment on, post, or transmit or submit messages. When you submit, publish, post or display information or Content through the Services to any of our forum, you agree to strictly limit yourself to the subject matter for which the forums are intended and to comply with these Terms of Service.
Inter-Connectivity Features with Other Social Network Service Providers
Certain functionality may enable you to log in using other social network service providers, which are intended to provide inter-connectivity between the Services and your profile saved by other social network service providers. By using such features, you permit us to access your profile saved by other social network service providers, including without limitation, information about you. When you use inter-connectivity features, you also agree to allow other social network service providers to use information about your activities on www.hummingworks.com and to access your cookies. Your activities within other social network service providers are covered by those providers' privacy policies and Terms of Service.
User Generated Content
We make no warranties as to the accuracy or reliability of any information, messages, posts or other content generated by users and accessible on or through the Services (collectively “User Generated Content”). We accept no responsibility whatsoever in connection with any User Generated Content and will have no liability related to the User Generated Content, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise.
In addition, we reserve the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that we shall not be liable if we prevent, in our sole discretion, your User Generated Content from being distributed or posted, or we edit, restrict or remove it. You also agree to permit other users and third party websites where your User Generated Content may be included, to access, view, store and reproduce such material.
You are solely responsible for your interactions with other users on and through the Services. We reserve the right – but has no obligation to monitor – disputes between users. In the event a dispute arises between you and us or another user, please contact us and we will work quickly towards a resolution. We will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement.
Ownership and Use of Website Content
Except as otherwise set forth herein, all website content is owned by us and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the website content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the website content on any other website, or any other republication or redistribution of the website content, is expressly prohibited without the prior written permission of HUMMING WORKS LLC. Please contact us with any licensing inquiries.
Advertisements and Third Party Content
Limitation of Use
You agree that you will neither post nor submit any User Generated Content that:
Furthermore, you acknowledge and agree that you will not create disputes with other users of the Services, collect or store personal data about other users of the Services, transmit any material or User Generated Content that contains viruses or any other computer code that might interrupt, limit or interfere with the functionality of the Services, or post User Generated Content that disparages or insults any user or www.hummingworks.com.
If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you are permitted to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the copyright laws. We strongly recommend that you consult your legal adviser before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the copyright laws.
HUMMING WORKS LLC, www.hummingworks.com and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Nothing herein grants you any license to use or any right, title or interest in any of our names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, “HUMMING WORKS LLC IP”).
Registration and Security
In connection with your use of the Services, you may establish or otherwise receive user IDs, passwords and other security codes that you may need in order to access and use certain portions of the Services. You agree to provide true, accurate, current and complete registration information about yourself as prompted by any registration forms and maintain and promptly update the registration information to keep it true, accurate, current and complete.
Prices and Payments
All prices on our site are shown in US Dollars. The payment service provider may convert prices in another currency. Due to, but not limited to, currency fluctuations, prices are subject to change without notice. You agree to pay all charges and fees applicable to your transaction, including without limitation, sales taxes, shipping and handling, and duties and customs fees for international orders in accordance with the billing terms that were in effect at the time the charges or fees became payable. We reserve the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).
Please check our Return Policy separately.
Not all of the Services are available in all geographic areas. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any jurisdiction or country that would subject HUMMING WORKS LLC or its licensees or affiliates to any registration requirement within such jurisdiction or country.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE HUMMING WORKS LLC PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. THE HUMMING WORKS LLC PARTIES SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT. TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE HUMMING WORKS LLC PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ANY OF THE HUMMING WORKS LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, FULFILLMENT OF ANY ORDER, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OF THE HUMMING WORKS LLC PARTIES RELATED TO THE SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF SERVICE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.
You agree to indemnify, defend and hold harmless the HUMMING WORKS LLC parties from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services or any Content, your breach of these Terms of Service, or your infringement, or infringement by any other person using your account, of any HUMMING WORKS LLC IP or other right of HUMMING WORKS LLC or any third party. HUMMING WORKS LLC shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of HUMMING WORKS LLC. These Terms of Service will inure to the benefit of the parties and their successors, assigns, licensors and licensees. You covenant to cooperate fully in the defense of any claim.
Term & Termination
These Terms of Service shall commence when you first visit www.hummingworks.com, make a purchase through the website, or use any of our mobile application, view any Content or use any feature incorporated in the Services, and shall apply to all of your subsequent visits and uses. We may, with or without cause, immediately terminate these Terms of Service without notice, and deny you access to any Services in its sole discretion. You are personally liable for any order placed or charges incurred through your account prior to termination.
The Content, the Services and these Terms of Service are subject to change and updating by HUMMING WORKS LLC and our affiliates, licensees, partners, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of any of our Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.
Applicable Law & Jurisdiction
This website is maintained by HUMMING WORKS LLC.