Consumer Terms of Service
Hummingbird Digital Media, Inc. and Trellisys.net Private Limited
Welcome. Please read these Terms of Service carefully.
Definitions used: Hummingbird Digital Media and our technology partner Trellisys.net Private Limited doing business as Papertrell are collectively referred to as “HDM” or “we.” “You” or “User” refers to you. Our digital media, including the selection of e-books, audiobooks, podcasts, videos, and other content we offer is collectively referred to as the “Content.” Our App(s) for viewing or listening to the Content are collectively called the “App.” The Content and the App, as well as any other products or services offered from time to time by HDM are referred to collectively as the “HDM Services.” The term “Distribution Points” refers to, collectively, the HDM websites, HDM’s third-party distribution partners, and other websites or web storefronts where website operators are permitted to offer our Content for sale or use. The Content, the App, HDM Services, and Distribution Points are collectively referred to as the “HDM Platform.”
Eligibility: If you are under 13 years of age you cannot register to use the HDM Services.
Limits on use: Depending the individual agreement HDM has with each specific content vendor, Content acquired by you via HDM’s platform may be licensed for your use instead of sold to you. Content delivered to you at time of purchase or licensing or during applicable free-trial periods is solely for each user’s personal, non-commercial purposes. Reproduction, modification, or distribution of any Content for any other purpose is expressly prohibited. You shall not sell, license, rent, otherwise use or exploit any Content for commercial use or in any way that violates any third-party right including copyright laws. You may store properly acquired content on up to five (5) mobile devices such as smartphones and tablets, (collectively “Devices”). We reserve the right to limit or terminate your account without notice if you are signed in on more than five (5) mobile devices at one time. Safeguard your password. You agree not to provide your password to any other person or use any other person’s user name and password.
Payments and refunds: Payments may be made by credit or debit card accounts. Applicable taxes will be applied. Due to limitations placed on Hummingbird Digital Media by its vendors, all sales of content are final. Damaged content will be replaced.
Content Disclaimer: We are not responsible for the accuracy, usefulness or offensiveness of any Content. You may be exposed to content that is indecent, objectionable, inaccurate, or lacking usefulness and you hereby waive any legal rights or remedies with respect thereto.
DMCA Notices: HDM does not allow copyright infringing activities on the HDM Platform. It is HDM policy to respond to notices of alleged infringement that conform with the United States Digital Millennium Copyright Act elements of notification as explained here:
Elements of notification.
(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) 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, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must sign this notification and send it to our copyright agent at:
Hummingbird Digital Media, Inc
1254 Commerce Way
Sanger, CA 93657
Indemnification: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. You agree to use the HDM Services at your own risk. Furthermore, you agree to indemnify, save, and hold HDM, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the HDM Platform. Part of or all of the HDM Services may be suspended, modified, or discontinued at HDM’s sole discretion with respect to any or all users, at any time without notice. You agree that HDM will not be liable to you for any such suspension, modification, or discontinuance.
Contact: You may contact us regarding these Terms of Service at:
Terms of Service
Hummingbird Digital Media, Inc.
1254 Commerce Way
Sanger, CA 93657
Last modification date: September 17, 2015