Terms of Service

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.

 

User Disputes

 

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 e-mail us at design@hummingworks.com 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 at design@hummingworks.com with any licensing inquiries.

 

Other than personally identifiable information, which is subject to our Privacy Policy, any other User Generated Content is and will be considered non-confidential and non-proprietary. As between you and us, you retain ownership over your lawfully created User Generated Content but we may use any or all User Generated Content for any purpose whatsoever, which includes, without limitation, the right to copy, license, sub-license, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such User Generated Content for any purpose, commercial, advertising, or otherwise.

 

Advertisements and Third Party Content

 

From time to time, we may incorporate advertising, information, features and services provided by other users or third parties (“Third Party Content”). We do not endorse, guarantee, or make any representations or warranties regarding the quality, availability or completeness of any Third Party Content, or its compliance with any law, rule or regulation. Subject to the terms of the applicable services or other applicable agreements, we may remove Third Party Content upon written request by its owner or licensor. Please consult the Terms of Service and Privacy Policy applicable to such Third Party Content prior to using it.

 

Limitation of Use

 

You agree that you will neither post nor submit any User Generated Content that:

  • is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
  • violates the copyright, trademark or other intellectual property rights of any other person or HUMMING WORKS LLC;
  • is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
  • imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
  • is for the purpose of spamming or promoting goods or services without our prior authorization;
  • is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
  • contains any virus, Trojan horse, worm, time bomb, cancel-bot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
  • is libelous or invasive of privacy or publicity rights or any other third party rights.

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.

 

Contests

 

By participating in any contest, drawing, game or competition organized or sponsored by HUMMING WORKS LLC (each, a “Contest”), you agree that your entry will be treated as User Generated Content for purposes of these Terms of Service, and that you will not be entitled to additional compensation for such participation or entry unless (and then only to the extent) expressly set forth in the applicable Contest rules. You agree to release and hold harmless HUMMING WORKS LLC from all liability for loss, harm, damage, injury, cost and expense whatsoever which may occur in connection with, participating in any Contest, preparing any Contest entry, accepting any Prize in connection therewith, and for any claims based on publicity rights, defamation or invasion of privacy related thereto. HUMMING WORKS LLC reserves the right, in its sole discretion and without notice, to cancel, terminate, modify, extend or suspend any Contest for any reason. By participating in a Contest, you agree to the collection and use of your personal information by HUMMING WORKS LLC and its affiliates and acknowledge that you have read and accepted the Company’s Privacy Policy.

 

Copyright

 

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:

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
  • Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services;
  • The name, address, telephone number, and email address of the complaining party;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
  • A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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.

 

Intellectual Property

 

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).

 

Returns

 

Please check our Return Policy separately.

 

Minors

 

We do not knowingly gather or solicit data from anyone under the age of 13 through the Services for marketing purposes. Please see our Privacy Policy for additional information.

 

Availability

 

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.

 

NO WARRANTY

 

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.

 

NO LIABILITY

 

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.

 

Indemnification

 

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.

 

Changes

 

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.

 

Privacy

 

Please check our Privacy Policy separately.

 

Applicable Law & Jurisdiction

 

The Services along with all products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and ordinances when using the Services. The laws of Japan will govern these Terms of Service, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Service shall be settled in the courts of competent jurisdiction in Japan. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude HUMMING WORKS LLC from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of HUMMING WORKS LLC IP.

 

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