Introduction

This Agreement contains the complete terms and conditions that apply to you in all your activities on the Hummingbird Creative Group, Inc. (“Hummingbird Creative Group”) website (the “Site”). By using this Site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between Hummingbird Creative Group and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by Hummingbird Creative Group from time to time without specific notice to you. The Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use the Hummingbird Creative Group Site. 

Description of Service

Hummingbird Creative Group provides access to information about Hummingbird Creative Group, content about relevant marketing strategies, and examples of past company work (including website design, brands, videography, copywriting, etc.). Each Member must provide (1) all equipment necessary for his or her own Internet connection and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.

Copyright Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2016 Hummingbird Creative Group, with all rights reserved, the property of Hummingbird Creative Group and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Hummingbird Creative Group is strictly prohibited.

Editing, Deleting, & Modification

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our Site. Your continued participation in our program or visiting our site following our posting of a change of notice or new agreement on our site will constitute binding acceptance of the change.

Acknowledgement of Intellectual Property Rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the intellectual property rights, in and to the Site, and that you will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto.

Warranty Disclaimer

We make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This Site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this Site is at your own risk.

Limitations of Liability

IN NO EVENT SHALL HUMMINGBIRD CREATIVE GROUP OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, HUMMINGBIRD CREATIVE GROUP’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted by an end-user customer pursuant to a program is proprietary information of Hummingbird Creative Group. Such information is confidential and may not be disclosed.

Fraud

FRAUDULENT ACTIVITIES are highly monitored on our Site and if fraud is detected Hummingbird Creative Group shall resort to all remedies available to it, and you shall be responsible for all costs and legal fees arising from these fraudulent activities. 

Non-Waiver

Failure of the Hummingbird Creative Group to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.  No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. 

Miscellaneous

This Agreement shall be governed by and construed in accordance with the substantive laws of North Carolina, without any reference to conflict-of-laws principles.  Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of North Carolina, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

The entire Agreement between the parties with respect to the subject matter hereof is embodied on this Agreement and no other agreement relative hereto shall bind either party herein.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.