Terms & Privacy

Last updated: Dec. 2017

Hello - welcome to our terms of service and privacy policy.

Our mission is to always be transparent and direct with you. At our core, we’re building a platform for everyday people to re-think how advertising works - from the way we create ads, to how we share them, and ultimately to how we engage with ads. We invite you to join us on this journey, if you ever have any questions or thoughts please send us a note here.

1. Opening Introduction

The Terms of Service (“TERMS”) and Privacy Policy grant complete access to use HummingTree’s app, website, products and services. Please read them carefully. By using HummingTree (the "Service", "We", "Us") and its affiliated products, you are bound by these terms of service and acknowledge that you have read, understand and comply with our community guidelines, terms, and privacy policies. Your continued use of HummingTree, its products, and its affiliate partners implies your consent and authorization to agree with our terms.

2. Who Can Use HummingTree (Eligibility)

You may use our Products only if you can form a binding contract with HummingTree, and are in compliance with these Terms, Privacy Policies and all applicable laws. When creating or managing an account on our service, you must provide accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. Some of our Products may include software that is downloaded to your computer, phone, tablet, or other device, and you hereby agree that we may automatically upgrade those Products, while these Terms will continue to apply to such upgrades now known or later developed. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

3. Using Stripe

HummingTree uses Stripe, Inc. (“Stripe”) for its payment processing and services. Every occasion where sensitive financial and personal information is collected or distributed, we do so through Stripe. It’s very important that you understand, comply and acknowledge the updated terms of use through Stripe and its affiliates.

4. Idemnification

HummingTree uses Stripe, Inc. (“Stripe”) for its payment processing and services. Every occasion when sensitive financial and personal information are collected or distributed, we do so through Stripe. It’s very important that you understand, comply and acknowledge the relevant terms of use through Stripe and its affiliates.

5. Change or Influx in Services and Availability 'As Is'

The Services that HummingTree provides are constantly evolving and changing as a direct intention on our part to improve our experience, community, amend to changing circumstances or for any number of other appropriate reasons. As the form and nature of the Services that HummingTree provides may change from time to time, without prior notice to you, you may stop use of the platform and its services (permanently or temporarily). Additionally, HummingTree may retain the right to create limits on use and storage at our sole discretion, at any time, without prior notice to you. Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an 'AS IS' and 'AS AVAILABLE' basis. Without limiting the foregoing, HUMMINGTREE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Any intended use or reliability of HummingTree, its service, or any of its partners, in the coordination and success of its services with regard to its users in business, individuals or organizations, holds no responsibility, financially or otherwise, for a failure of service. Your continued use of HummingTree acknowledges your use of the Service at your own risk. Humming Tree claims, and holds, no responsibility for the direct or indirect reliability and success of its Service.

6. Account Termination

Following the termination, deletion or deactivation of an account, or if you remove any User Content from HummingTree, we may retain your content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, HummingTree and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of publicly shared Content on our platform. If you have any questions or request your content removed please let us know.

7. Use of Third-Party APIs

The Service utilizes the following third-party APIs, among others, but is not endorsed, certified or otherwise approved in any way by them:

Stripe API

FaceBook API

8. Children's Policy

HummingTree does not in any way knowingly collect or solicit information from any person under the age of 13. The Service and its content are not directed at children under the age of 13. Use of HummingTree under the age of 13 is strictly prohibited. If you have any questions or concerns regarding Children’s Privacy, please contact us.

9. Service Requirements and Legal Restrictions

You must use the Services in a lawful manner, obeying all laws, rules, and regulations (“Laws”) applicable to your use of the Services. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, false or misleading advertising, and any other relevant Laws relating to the Services. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, that could pose harm or induce any damage to parties and entities related to using the Service. You may not use HummingTree for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws. Additionally, you are responsible for keeping your login, password, and any identification information secure, especially careful in the permissions and granting of credentials to other parties.

10. Content and Community

Any content created or uploaded to HummingTree, its platform and its services, is rightfully yours. You own what you create and share. HummingTree gives you a limited, personal, worldwide, royalty-free, non-assignable, non-exclusive and revocable license to use the software that is provided to you by HummingTree as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by HummingTree, in the manner permitted by these Terms.

In the same vain, our community is built and maintained by your spirit. We value inclusiveness, substance, and artistic expression in every action we take. Above all, though, we value your feedback. The HummingTree community is what you make it, and it’s our mission to help provide you the tools and resources that help your business, organization and community thrive. We’re always here to support our users, and are always open to your feedback.

HummingTree reserves the exclusive right to remove offensive or objectionable content, determined by administrators, at anytime and without warning or prior notice in any form. Objectionable content has no place in HummingTree’s community-driven platform, and as such, HummingTree has an unalienable right to solely determine and remove content deemed in someway objectionable.

11. Your Rights and Privacy

We’re building this for you - your content is yours, and you ought to rightfully own what you create. You retain your rights to any Content you create, submit, post or display on or through the Service to be distributed and shared, if you choose to share publicly. HummingTree may want to showcase or broadcast Content you have created on the Service that showcases the Service or your content in new, artistic, or meaningful way. In order to do so, you MAY grant HummingTree a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, to use, adapt, publish, display and distribute to any and all media or distribution methods, if selected by you. You agree that this license includes the right for HummingTree to make such Content available to other organizations or individuals who partner with HummingTree for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by HummingTree, or other companies, organizations or individuals who partner with HummingTree, MAY be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service. We may modify or adapt your Content in order to transmit, display or distribute it over computer or mobile device networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You represent and warrant that you have all right, power and authority necessary to grant the rights granted herein to any Content that you submit. You may not, under any circumstances, replicate any aspect, individually or through any combination of pieces, of HummingTree, its services, brand, or its partners, without express written consnet. Through your use of HummingTree you understand and comply any replication is expressly forbidden in any capacity without prior written consent.

Unlike many other services, WE WILL NOT SELL YOUR DATA to other parties or industries. Your data is private and used only to help us share more relevant ads you create or get you paid. Localization is an important component of HummingTree. Because of this, we ask for your location in the advertisement creation process, to help better serve relevant ads on a location basis. Additional information we collect, such as any names, addresses or any other information associated with your advertisements and account creation process, is solely for creating or sharing ads more accurately, or paying out dividends based on your earnings as a host. The data we or our partners collect is to used to allow the platform and its services to facilitate its operations.

12. HummingTree Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of HummingTree and its licensors. The Service is protected by copyright, trademark and other intellectual property laws of the United States and other countries. Nothing in the Terms gives you a right to use the HummingTree name, the HummingTree, Inc. name or any of our trademarks, logos, domain names, brand features and other distinctive elements. Any feedback, comments, or suggestions you may provide regarding HummingTree or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions strictly as we see fit and without any obligation or compensation to you or the Service henceforth.

Violation of these Terms of Use may, in HummingTree’s sole discretion, result in termination of your account. You understand and agree that HummingTree cannot and will not be responsible for the Content posted on the Service. You use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for HummingTree, we can stop providing all or part of the Service to you at any time, without notice.

13. Payment Processing, Acceptance, Disputes, and Recourse

As a host on HummingTree, you are entitled to receive earnings, or a financial payment, for every ad you show. By showing ads, you are automatically eligible for a payment. HummingTree and its associates are not responsible for any losses, damages, fraud, inaccuracies or inconsistencies in any form, through the process by which you are paid, and all liability associated with it are assumed at your personal and legal expense. Use, process, and acceptance of payments, with any potential gains or loses, is at your own risk. There is a zero tolerance policy for fraudulent activity in any form. Any fraudulent activity, in any capacity, that aims to alter, intimidate, or manipulate the spirit of the platform or our community of users, will be suspended and/or deleted, without any prior notice to the fraudulent user. Misleading accounts or payments will be prosecuted to the fullest extent of the law.

All payment processing is final. In account of disputes for charges, billing or other information deemed inaccurate, a file must be notified within ten (10) days of process. For example, if you pay for ad space and disagree with what you were charged, you have ten (10) days after the payment for the ads have processed. To adequately report inaccurate or fraudulent transactions, please contact us as soon as you recognize or identify suspicious payment processing in any form. It is our hope to effectively resolve all disputes, and will take as our duty, commercially reasonable safeguards to help prevent and resolve any discrepancies. It should be clearly noted, however, that such discrepancies must be reported to HummingTree within timely limits set forth, as HummingTree holds no responsibility or burden to independently investigate claims unless prompted to do so.

Through your use of HummingTree, its products, services, or use of its partners, you acknowledge that any damage caused, instigated, or perceived to have incurred for a business, organization, individual or other entity as a result of performance and platform behavioral issues, inappropriate or objectionable content in any capacity, willful negligence in comprehension of the services, inappropriate or otherwise objectionable behavior by users of the platform, or any other factor deemed reprehensible, no known or later developed, will in no way hold HummingTree and its partners financially or legally responsible for recourse. Through the continued use of our platform and its services you recognize and accept this.

14. Closing

HummingTree reserves the right to change and amend these terms and privacy policy at any time, and, at times, may not require prior notification to you. Please make sure you continue to check and update yourself with the terms of service, privacy policy and community guidelines on a regular basis. We’re always here to help clear anything up team@hummingtree.co

You’re awesome! Thanks for reading.