hummingbirds, inc. terms and conditions

Welcome!  This site is designed to connect content creators (“Hummingbirds”) with company clients (“Partners”).  Your use of this platform, app, site, and any portion thereof means you agree to the following Terms and conditions (the “Terms”).  If you have any questions about these Terms, please contact us at admin@thehummingbirds.co.  

For our Hummingbirds.

This Hummingbird Agreement (“Agreement”) is between Hummingbirds, Inc. a Delaware C-Corp (“Company”), and you (an individual, or if you represent an entity or other organization, that entity or organization) (“you” or “Hummingbird”). This Agreement provides the Terms and conditions under which Hummingbirds may provide creation and distribution of content services (the “Services,”) as more fully defined and explained below.

When is this Agreement effective?

The date that you click through acceptance of the Terms of this Agreement.

What is covered by this Agreement?

All Hummingbird Services are subject to the Terms of this Agreement. If you wish to provide Services as a Hummingbird, you may do so only in compliance with the Terms of this Agreement. Hummingbirds may use Company’s website and provide Services as a Hummingbird solely for lawful purposes and only in accordance with the Terms of this Agreement, the Campaign, and any other agreement you are required to agree to before providing Services.

How will I find out if the Agreement changes? Can Hummingbirds make changes to the Agreement?

Company reserves the right to modify, suspend, or discontinue the Hummingbird program (or any portion thereof), or your right to provide Services, with or without notice to you, at any time, in its sole discretion. Your continued access to Company’s Site and/or your continued provision of Services will constitute acceptance of any changes.

Hummingbirds can only make changes to this Agreement if the changes are in a written agreement signed by both an authorized representative of Company and the Hummingbird.

Who can be a Hummingbird?

At this time, Hummingbirds must be over the age of 18 and meet any of the other qualifications included in this Agreement or required by a particular Event. By accessing this Agreement or providing Services, you represent that you are at least eighteen.

Do I have to agree to this Agreement to be a Hummingbird?

Yes. You are required to accept the Terms and conditions of this Agreement before providing Services as a Hummingbird. If you do not choose to accept the Terms and conditions, you will not be a Hummingbird. 

please carefully read this agreement

Capitalized and Defined Terms

All capitalized Terms used in this Agreement will have the meanings as defined: i) below or in this Agreement; or ii) in the context in which they are used. All other Terms used in this Agreement will have their plain English meaning as commonly interpreted in the United States.

“Campaign,” “Campaign Information,” and “Event Invitation” means, collectively, any details provided to Hummingbird by Company or the Partner, including, but not limited to, Perks, compensation, program dates, branding guidelines, general and specific Hummingbird responsibilities, Partner goods or services, and the identity of the Partner, relating to an opportunity for the Hummingbird to provide Services for a Partner.

“Charm Values” means, collectively, Company’s Charm Values located at https://thehummingbirds.co/ and any other policy, guidelines, Terms of use, Terms of service, code of conduct, or instructional materials provided or made available by Company to Hummingbird from time to time.

“Confidential Information” means all information, including but not limited to this Agreement, relating to or disclosed in the course of performing Services which is or should be reasonably understood to be confidential or proprietary to Company, its Partners, the subsidiaries and affiliated companies of both and/or their licensors, licensees, and business partners.

“Hummingbird Content” means all text, images, graphics, illustrations, information, data, audio, video, photographs, posts, Snaps, links, files, or any other Content or Services created, distributed, or provided by Hummingbird pursuant to a Campaign.

“IP Rights” includes, but is not limited to, all intellectual property and proprietary rights throughout the world, including, without limitation, all copyrights, trademarks, trade secrets, patents, moral rights, rights of publicity, and other rights protecting data, information, name, image, likeness, or any other intangible property throughout the world.

“Partner” means any Company client, including any client affiliates, and Partners that have a contractual relationship with Company to receive Hummingbird Services.

“Services” means any public performance, display, review, commentary, or other content Hummingbird creates related or pursuant to this Agreement, Hummingbird’s relationship with Company, or Company’s Partners and includes, but is not limited to, posts on Social Media, which may include photos, videos, and textual components.

“Site” means all or any portion of a website, application, or Social Media platform containing written, video or photographic commentary, news or discussion on one or more particular topics and that includes any Hummingbird content.

“Social Media” means any social media platforms, such as Facebook, Twitter, TikTok, Instagram, Snapchat, or any other platform, website, email campaign, or other current or future communications media, as well as any web hosting or applications Hummingbird requires to use, support, and operate social media platforms.

Are Hummingbirds employees of Company? Does Company hire Hummingbirds?

No. This Agreement does not create an employment relationship between Hummingbird and Company or between Hummingbird and Partner. Hummingbird has no rights as an employee of Company or Partner.

What Services do Hummingbirds provide? What are Hummingbirds required or expected to do?

Hummingbirds help build community through posting and sharing content on Social Media related to Partners and Campaigns.

Company may provide Event Information to Hummingbird from time to time. If Hummingbird indicates interest in the Campaign, is selected for the Campaign, and accepts the Campaign Invitation, Hummingbird will provide Company or the Partner with the Services as more specifically described in the applicable Campaign Information. Hummingbird will be solely responsible for the performance of the Services and hosting, maintenance, and operation of Hummingbird’s Services and/or use of any Social Media or Site.

Hummingbird agrees that all Services provided or created with respect to a Campaign will be made available to the public or their followers and to Company and Company’s Partner(s).  Hummingbird also agrees all Services provided or created with respect to a Campaign may be made accessible to others according to the Campaign Information’s timeline or expectations.    

Hummingbird is solely responsible for moderating any submission, comments, responses or other feedback (“Submissions”) from any third party in response to any of Hummingbird’s Services on a Third Party Site and agrees that neither Company nor Partners have any responsibility for moderating any Submissions.

Hummingbird agrees to promptly remove any Submissions or Hummingbird Services from a Third Party Site upon Company’s or Partner’s request.

Hummingbird will operate each Social Media or Site and share content in accordance with Company’s Privacy Policy which is posted on the Company website at https://www.thehummingbirds.co/privacy-policy (“Privacy Policy”). If Hummingbird chooses or is required to maintain a separate privacy policy, Hummingbird’s privacy policy must contain Terms no less protective of personal information than the Terms of Company’s Privacy Policy.

Does Company pay Hummingbirds? Do Hummingbirds get paid for their time or expenses?

No, Company does not pay or provide any type of monetary incentive to Hummingbirds. Instead, Company provides Hummingbirds with access and opportunities to work with Partners or Campaigns.  Hummingbirds may receive Perks from Partners from time to time, usually associated with a Campaign.

If Hummingbird accepts a Campaign Invitation, Hummingbird agrees that the benefits or compensation described in the Campaign Information (the “Perks”) represent Hummingbird’s entire compensation for all Services and Hummingbird shall not be entitled to reimbursement for any costs or expenses.

Company reserves the right to suspend or terminate any agreement with any Partner or Hummingbird at any time. Company shall not be obligated to pay Hummingbird any Perks.

Hummingbird shall be responsible for determining the applicability of any sales, use, excise, or similar transactional taxes that may be applicable to the performance of the Services, if any. Hummingbird shall be obligated to pay any applicable taxes for corresponding Services, including without limitation, any and all interest, penalties and attorneys’ fees. Company will not be responsible to Hummingbird or any governing body for any taxes relating to amounts that Hummingbird receives under this Agreement including but not limited to federal or state income tax, social security tax, or unemployment tax.

Hummingbird shall bear any and all costs and shall indemnify Company against the any and all costs, taxes, fees, or expenses, including, without limitation, penalties, interest and attorneys’ fees associated with any Hummingbird breach of this Agreement, any Hummingbird failure to pay taxes, any Company audits related to any Hummingbird tax issues, or any other tax related liability. Company shall be entitled to contest, pursuant to applicable law and at its own expense, any taxes it is ultimately obligated to pay, and Hummingbird shall reasonably cooperate with any such a case.

Who owns Hummingbird’s Services? What about my intellectual property rights?

So, you get to keep the rights you had, you give Company any rights created, and you let Company and its Partners use any rights needed related to your work as follows: 

Hummingbird represents Hummingbird owns all IP Rights used, performed, altered, or amended in any work done for Company or any Partner.  

Except as expressly provided in the applicable Campaign Information, Company shall own, does own, and Hummingbird agrees to assign and hereby does assign all of Hummingbird’s IP Rights resulting from the creation, modification, alteration, performance, or submission of any work related to the related to any Hummingbird Service or Submission or any Partner Campaign. To the extent any of Hummingbird’s rights are not owned by or assigned to Company, Hummingbird hereby grants a fully paid up, royalty free, worldwide, non-exclusive, sublicensable, irrevocable license to use, modify, edit, translate, alter, amend, apply, affix, copy, distribute, publish, perform, prepare derivative works based on, and collect payments for any IP Rights related to any Campaign, Service, or Submission without compensation, permission or notification to Hummingbird or any third party.

Company may license or assign Services, Submissions, and all IP Rights in or relating to the Services or Submissions to a Partner or however Company sees fit in Company’s sole discretion. The parties understand that the foregoing rights are intended to permit Company to sell, license, use, publish or otherwise pass along certain rights to a Partner paying for the Services, Submissions, and all IP Rights and any related licenses in or relating to the Services or Submissions.

All Company software, processes, contracts with Partners, content, and all IP Rights therein or related thereto, are owned by Company or its licensors.

Company hereby grants to Hummingbird a non-exclusive, non-transferable, personal, revocable license to: (i) display the Hummingbird Service and/or Submissions on Hummingbird’s Site in accordance with the applicable Event Information. Hummingbird agrees that if Hummingbird commits a material breach of any provision of this Agreement or at any time Hummingbird fails or refuses to fulfill Hummingbird’s obligations hereunder, then Company may terminate this Agreement and Hummingbird shall immediately remove all references to Company or Partner, including any Hummingbird Content related to any Campaign from Hummingbird’s Social Media. 

At the Company's reasonable request, Hummingbird shall use good faith efforts to cooperate with the Company and its affiliates, its Partners and affiliates, and each of its and their respective employees, attorneys or other legal representatives ("Attorneys") in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company and is now pending or may hereinafter be brought by or against the Company or any Partner. Hummingbird’s duty of cooperation will include, but not be limited to (a) meeting with the Company's and/or its Affiliates' Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully Hummingbird’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's, Partner’s and/or their Attorneys' request (and, to the extent possible, at a time convenient to Hummingbird that does not conflict with the needs or requirements of Hummingbird’s then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully Hummingbird’s knowledge of matters at issue; and (c) signing at the Company's, its Affiliates' and/or their Attorneys' requested declarations or affidavits that truthfully state matters of which Hummingbird has knowledge. The Company shall reimburse Hummingbird for the reasonable expenses incurred by Hummingbird in the course of Hummingbird’s cooperation hereunder. The obligations set forth in this Section shall survive any termination or revocation of this Agreement.

Except as permitted pursuant to this Agreement, Hummingbird may not, and will not permit any third party to: (a) interfere in any manner with the operation of the Company or attempt to gain unauthorized access to Company’s software, website, or processes; (b) contact a Partner about a Campaign or other marketing opportunities without prior notice to Company; (c) remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in Company’s , a Partner’s, or a third party’s content or technology; or (d) share, display, license, sell, or otherwise use any Hummingbird content or Submissions in any manner (including without limitation to generate revenue for Hummingbird) other than as set forth in the applicable Event Information. Hummingbird will defend, indemnify and hold harmless Company and its Partners, and their respective affiliates, employees, agents, contractors, assigns, licensees, and successors in interest from and against any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) incurred or arising from any claim or action by a third party arising out of or relating to the Hummingbird content, Services, or Submissions, or Company’s or a Partner’s use thereof.

Can Hummingbirds post content or provide Services for other third parties?

Yes. Hummingbird has the right to provide content services to others during the Term of this Agreement.  Hummingbird agrees not to provide content services if: (a) such other services interfere with Hummingbird’s timely and professional performance of the Services to Company; (b) such other services require the disclosure or use of Confidential Information; or (c) such other services conflict with any other agreements between Company and/or Hummingbird, such as an exclusivity agreement.

Are Hummingbirds guaranteed any Campaign, posts, content, or Perks?

No. By clicking “I accept,” Hummingbird agrees and understands that Company has no obligation to propose Campaign Information to Hummingbird and may receive content services from other Hummingbirds during the Term of this Agreement.

Hummingbird agrees that:

Hummingbird is at least eighteen years old, legally able and willing to enter into this Agreement and to perform its obligations under the Agreement;

Hummingbird understands this Agreement is legal and creates binding obligations that are enforceable based on the Terms of the Agreement;

This Agreement will not conflict with, result in a breach of, or constitute a default under any other agreement to which such party is a party or by which such party is bound; and

Hummingbird will comply with this Agreement and all laws, rules, platform terms and conditions, and regulations in its performance under this Agreement;

Hummingbird is the original author and sole owner of the Hummingbird content and has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for any IP Rights, voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content (and will provide Company with all such releases upon Company’s request);

No Hummingbird content created or obtained by Hummingbird and delivered to Company or posted by Hummingbird or Company under this Agreement shall infringe on or violate any IP Rights or applicable laws, including, but not limited to, the Federal Trade Commission Act and all rules and regulations promulgated by the Federal Trade Commission;

No Hummingbird content delivered or posted by Hummingbird under this Agreement shall contain any profanity, scandalous, libelous, defamatory, obscene or unlawful matter or material and Hummingbird agrees not to agrees not to defame or disparage any of the Company or Partners or any of their respective officers, directors, members, partners or employees (collectively, the “Company Parties”), and to cooperate with the Company upon reasonable request, in refuting any defamatory or disparaging remarks by any third party made in respect of any of the Company Parties. Hummingbird shall not, directly or indirectly, make (or cause to be made) any comment or statement, oral or written, including, without limitation, in the media or to the press or to any individual or entity, that could reasonably be expected to adversely affect the reputation of any of the Company Parties or the conduct of its or their business; and Hummingbird content may not contain malicious code, any computer virus, phishing material, counters, or other types of code that automatically attach cookies or other devices that track and collect user’s information.

Cybersecurity 

So, do not upload viruses.  

Hummingbird represents and warrants Hummingbird has implemented commercially reasonable, risk-based administrative, physical and technical safeguards to protect the confidentiality, integrity, and availability of any Company or Partner data, communications, records, confidential information, and personal information (“C/P Data”) and/or Company or Partner hardware, software, media and networking systems (“C/P Systems”) to which Hummingbird has authorized access, as well as the security of Hummingbird’s own hardware, software, media and network systems (“Hummingbird’s Systems”) used to facilitate communications, provide services to or otherwise conduct business with Company or Partner. Hummingbird shall ensure that all such safeguards are no less rigorous than accepted industry practices, such as relevant information security management standards published by the International Organization for Standardization (e.g., the ISO/IEC 27000 series), the National Institute of Standards and Technology (e.g., the NIST Cybersecurity Framework and Special Publications) or other industry standards for information security and comply with all applicable data protection and privacy laws. Hummingbird shall notify Company promptly, and no later than 48 hours, after discovering any breach of security leading to the accidental or unlawful access, destruction, loss, alteration, or unauthorized disclosure of C/P Data and/or C/P Systems (a “Security Breach”). 

Hummingbird will take immediate steps, at Hummingbird’s sole expense, to investigate, remedy, and mitigate any Security Breach, and shall collaborate and cooperate in good faith with Company or Partner so that Company or Partner may take any action or other steps that either reasonably determines to be necessary or appropriate in light of the Security Breach. Hummingbird shall not make any third-party disclosures about the Security Breach without Company’s prior consent. The Parties shall immediately notify each other of any regulatory notice of inquiry, investigation or similar action received by either Party as a result of a Security Breach and shall assist and cooperate in good faith with each other in responding to and otherwise complying with any such action. Hummingbird shall indemnify, hold harmless and defend Company and Partner (including any affiliates) from any claims and other actions, and reimburse Company and Partner for all losses, expenses, and costs reasonably incurred by Company or Partner as a result of a Security Breach originating from a Hummingbird System or other breach by Hummingbird of this Paragraph.

Liability and Indemnification

Hummingbird, on behalf of Hummingbird personally, Hummingbird’s personal representatives, heirs, executors, administrators, agents, and assigns, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Company, including its directors, officers, employees, and others acting at Company’s direction (collectively referred to as "Releasees"), for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, damage or death that Hummingbird may suffer as a result of my participation in any Campaign, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE RELEASEES, UNLESS THE INJURY DAMAGE OR DEATH IS CAUSED SOLELY BY THE RELEASEES’ GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND REGARDLESS OF WHETHER THE INJURY DAMAGE OR DEATH OCCURS ON COMPANY OR PARTNER PROPERTY OR ANY LOCATION WHERE A CAMPAIGN RELATED EVENT IS OCCURRING. Hummingbird further agrees that the Releasees are not in any way responsible for any injury or damage that Hummingbird sustains as a result of Hummingbird’s own negligent or grossly negligent acts or Hummingbird’s own intentional misconduct and Hummingbird hereby releases Releasees from any liability for the same. Company expressly disclaims liability for actions of third parties, which includes but is not limited to Partners, agents or others who are not acting under the direction and control of Company. Hummingbird hereby releases Releasees from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, damage or death that Hummingbird may suffer as a result of actions of any third parties who are not Releasees.

Hummingbird further agrees to indemnify, defend, and hold harmless Releasees and Partners, and their respective affiliates, employees, agents, contractors, assigns, licensees, and successors in interest from and against any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) arising out of resulting from any claims Hummingbird has suffered any harm, incurred any liability, or infringed any third party’s IP Rights, any breach by Hummingbird of this Agreement, any breach of Hummingbird’s representations and warranties under this Agreement, or Hummingbird’s breach of the Charm Values, Privacy Policy, or other agreement(s) between the parties. 

LIMITATION OF LIABILITY. EXCEPT IN CONNECTION WITH CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS, THE COMPANY SHALL NOT BE LIABLE TO HUMMINGBIRD FOR ANY REPUTATIONAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, OR ARISING FROM ANY OTHER PROVISION OF THE AGREEMENT, SUCH AS, BUT NOT LIMITED TO, BREACH OF PRIVACY OR LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.

Are Campaigns and Perks confidential? What about information privacy?

Hummingbird agrees to and will include clear disclosure on Hummingbird’s content that Hummingbird is participating in a program sponsored by Partner, and that Hummingbird will cooperate with Company’s reasonable instructions regarding the format, content and placement of such disclosure.  Hummingbird will comply with and hereby certifies Hummingbird has complied with all applicable laws and regulations.

Data Privacy

Hummingbird expressly consents to the use and disclosure of personally identifiable information and other data and information, including at least Hummingbird’s name, voice, picture, performance, or other likenesses, quotes, and biographical data, in whole or in part, together or separate, for the purposes related to the Campaign. In addition, Hummingbird acknowledges and agrees that Company may disclose all information about Hummingbird and that Hummingbird may provide with respect to Hummingbird content or a Submission to the applicable Partner to which that Hummingbird content or Submission relates. Other use of any Hummingbird personally identifiable information is subject to use or disclosure as described in Company’s then current Privacy Policy

Notwithstanding the foregoing, Hummingbird’s identity is not confidential, and Company or Partners may use Hummingbird’s name, likeness, and other information as set forth in this Agreement at their sole discretion. Company may reference Hummingbird as a provider of Services and use Hummingbird’s name, likeness, and logo, as applicable, in listings of Hummingbirds appearing on the Company web site and for other marketing and promotional purposes.

Confidentiality. Hummingbird acknowledges that in the course of providing Services under this Agreement, Hummingbird may acquire certain Confidential Information. Hummingbird shall not: (a) disclose such Confidential Information to any third party without the prior written consent of Company, (b) will notify Company if Hummingbird becomes aware of any breach of confidentiality in any manner whether through (i) Hummingbird’s negligence, acts or omissions, or (ii) computer virus, or theft of Hummingbird’s computer or login information; or (c) use the Confidential Information for any purpose other than to carry out the Services contemplated under this Agreement. Hummingbird acknowledges that misuse or disclosure of any Confidential Information by Hummingbird will give rise to irreparable injury to Company or the owner of such information, which is inadequately compensable in damages. Accordingly, Company or such other party may seek and obtain injunctive relief against the breach or threatened breach of these Confidentiality Obligations, in addition to any other available legal remedies.

Legal Notices

This Agreement will be governed in all respects exclusively by the laws of the State of Iowa, U.S.A. as such laws apply to contracts between Iowa residents performed entirely within Iowa. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in Polk County, Iowa and Hummingbird irrevocably submits to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Company. Both parties waive the right to a jury trial.

This Agreement, the Charm Values and the Privacy Policy supersede any oral or written proposal, prior agreement or other communication between Company and Hummingbird. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. Neither this Agreement nor any rights or obligations of Hummingbird under this Agreement may be assigned or transferred by Hummingbird (in whole or in part and including by sale, merger or operation of law) without the prior written approval of Company. Any assignment in violation of the foregoing will be null and void. Company may freely assign this Agreement or any of its rights under this Agreement. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires under this Agreement any right or ability to bind or enter into any obligation on behalf of the other.

Your privacy is critically important to us. It is Company’s policy to respect your privacy regarding any information we may collect while operating our website. Our Privacy Policy, which is incorporated to this Agreement and can be found at https://www.thehummingbirds.co/privacy-policy, applies to Company and Company’s website, including any pages therein found at https://www.thehummingbirds.co (hereinafter, “us”, “we”, or “https://www.thehummingbirds.co”). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website.

We have adopted the Privacy Policy to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.

This Privacy Policy sets forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional Terms and conditions.

Website Visitors

Like most website operators, Company collects non-personally identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Company’s purpose in collecting non-personally identifying information is to better understand how Company’s visitors use its website. From time to time, Company may, and Hummingbird hereby agrees to permit, release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Company also collects potentially personally identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://www.thehummingbirds.co blog posts. Company only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally identifying information as described below.

Gathering of Personally Identifying Information

Certain visitors to Company’s websites choose to interact with Company in ways that require Company to gather personally identifying information. The amount and type of information that Company gathers depends on the nature of the interaction. For example, we ask visitors who sign up for partnerships at https://app.thehummingbirds.co/ to provide a username and email address.

Security

The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Advertisements

Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Company and does not cover the use of cookies by any advertisers.

Links To External Sites

Our Service may contain links to External Sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy and Terms and conditions of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.

Cookies

To enrich and perfect your online experience, Company uses “Cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer. A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Company uses cookies to help Company identify and track visitors, their usage of https://www.thehummingbirds.co, and their website access preferences. Company visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Company’s websites, with the drawback that certain features of Company’s websites may not function properly without the aid of cookies. By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to Company’s use of cookies.

Data Deletion

If you would like your data deleted from our application, please email admin@thehummingbirds.co.

Privacy Policy Changes

Although most changes are likely to be minor, Company may change its Privacy Policy from time to time, and in Company’s sole discretion. Company encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change, which is incorporated into this Agreement.

Acceptance of this Agreement

BY CLICKING ON THE “ACCEPT” BUTTON OR BY OTHERWISE ACCEPTING THIS AGREEMENT OR ACCESSING OR USING THE COMPANY’S SITE OR PROVIDING SERVICES, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AS OF THE DATE ON WHICH YOU FIRST CLICK THE “ACCEPT” BUTTON, OTHERWISE ACCEPT THIS AGREEMENT, OR ACCESS OR USE THE COMPANY’S SITE OR PROVIDE SERVICES (THE “EFFECTIVE DATE”).

IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, THE COMPANY IS UNWILLING TO ALLOW YOU TO PROVIDE SERVICES AS A HUMMINGBIRD.