Merchants’ Terms of Service & Privacy Policy 2017-10-20T10:37:45+00:00

Hummingbird Digital Media, Inc.

Merchant Terms of Service

Welcome. We are pleased you have decided to join us in democratizing e-book retailing. We consider you an important part of our team. As such, your suggestions and comments are solicited. Please e-mail us at Merchants@HummingbirdDM.com. We promise to respond.

Please read these Terms of Service carefully.

By registering as a Hummingbird Digital Media (HDM) merchant or using the HDM platform in any way you acknowledge that you have read, understood and agree to be bound by the following Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not use our services. We reserve the right to update, change, or replace any part of these Terms of Service by posting modified Terms of Service here. It is your responsibility to check periodically for changes. By reference to it, the current HDM Merchant Privacy Policy (SEE BELOW) becomes part of this Terms of Service. Your continued use of or access to the HDM Platform in anyway constitutes acceptance of those changes. The last modification date appears at the end of this page.

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” “Your” or “Merchant(s)” refers to you. “Account” refers to your Merchant account with HDM. The digital media, including the selection of e-books, audiobooks, podcasts, videos, and other content we offer, is collectively referred to as the “Content.” Vendor refers to an HDM supplier of 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 “Storefront” refers to the individually-branded web pages provided to HDM Merchants by HDM for the discovery, sales, and downloading of digital media by consumers. The term “Distribution Points” refers to, collectively, You, other Merchants, 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, Storefronts and Distribution Points are collectively referred to as the “HDM Platform.” Registering” means signing in to become a HDM Merchant. “Agreement” refers to this Terms of Service. All terms used here in will mean the sale regardless of upper or lower case use. By reference to it here, the HDM Merchant Privacy Policy becomes part of this Agreement.

Eligibility: You must be at least the age of majority in the jurisdiction where you reside or from which you use the HDM services. In any instance, if you are under 13 years of age you cannot register to use the HDM Services.

Accountability: You are solely responsible for maintaining the confidentiality of your password. You agree to accept responsibility for all activities that occur under your account. You agree that the information you provide to HDM at the time of and subsequent to registration will be complete, accurate, and up to date.

Organizations and Individuals: If you are registering as an HDM Merchant for an individual other than yourself or for an organization, you represent and warrant that you are acting as an authorized representative of that individual or organization and have the authority to bind the individual or organization to these Terms of Service.

Payments to Merchants: Vendors (publishers and others) of digital media provide HDM with a discount off the suggested digital list price of the digital media or a commission based on the agency digital list price for handling the transaction. HDM retains this portion of the list price when a sale is made to a consumer via a Merchant’s storefront.

We subtract the credit card processing fee from this amount and split the remainder with the Merchant from whose storefront the sale was made.

The Merchant’s share, usually ranging in the neighborhood of twelve percent (12%) to twenty-three percent (23%) depending on the discount or commission offered by HDM’s Vendor for that digital media and the price of the digital media, is credited to the Merchant’s account. The credit thus accumulated is paid by an automatic deposit into the Merchant’s bank account within 30 days from the end of the calendar month in which the sale was made.

In rare instances, when a book’s digital list price is quite low, the credit card processing fee may be greater than the discount or commission allowed HDM and both the Merchant and HDM will end up with a small negative credit from that sale. If, in any instances, a negative credit balance occurs on a Merchant’s account at the end of a month, the negative balance will be carried forward until sufficient sales have been made to offset this negative balance.

Bank information and W-9: All payments to Merchants will be made by automatic deposits to your bank account. In order to pay you HDM requires your ACH bank information. We also require a properly-filled-out IRS form W-9.

Taxes: Each party shall be responsible for any tax liability it incurs due to the performance of its duties under this Agreement. HDM shall for all purposes be the seller of record of the digital media—or the agent of the seller for Vendors offering HDM an agency agreement—for purposes of collecting gross receipts including any sales and use taxes, and shall be responsible for reporting and remitting all such taxes and fees to the applicable authorities or to the seller in instances where HDM is acting as the agent for the seller.

Unacceptable material: As a Merchant you are allowed to add content to your Storefront in the form of banners, text, etc. HDM retains the right to remove or modify, without notice, any such content that, in its sole discretion it finds objectionable for any reason. You agree that HDM will not be liable to you for any such removal or modification.

Selling Price Modifications: While our general marketing strategy is to not compete on price, there may be times when, in our best judgement, a price change is warranted. HDM retains the right, at its sole discretion, for any reason, and without notice to raise or lower an e-book or audiobook’s selling price as offered on Merchant storefronts. Since HDM and you share the discount off the digital list price allowed by the vendor, this can affect the per-item profit you and HDM experience.

Right to discontinue service: HDM retains the right to suspend, modify, and/or discontinue any or all services, including, but not limited to, deletion of your individual storefront(s) immediately, without notice, for any reason, at its sole discretion. You agree that HDM will not be liable to you for any such suspension, modification, or discontinuance.

Content Disclaimer: We are not responsible for the accuracy, usefulness or offensiveness of any Content. You and your customers 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.

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, 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.

Disclaimer and Limitation on Liability: Neither HDM nor You make any warranties of any kind, including any warranty of merchantability or fitness for a particular purpose, whether express or implied within this agreement or the HDM Platform. In no event will HDM be liable for any indirect incidental consequential, special, exemplary or punitive damages including but not limited to loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not either HDM or you have been advised of the possibility thereof.

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:

DMCA@Hummingbirddm.com or

DMCA Notices

Hummingbird Digital Media, Inc

2350 West Shaw, Suite 146B

Fresno, CA 93711

Contact: You may contact us regarding these Terms of Service at:

Info@Hummingbirddm.com or

Terms of Service

Hummingbird Digital Media, Inc.

2350 West Shaw, Suite 146B

Fresno, CA 93711

Last modification date: April 25, 2016.

Hummingbird Digital Media, Inc.

Merchant Privacy Policy

Hummingbird Digital Media respects your privacy. This privacy policy explains how, when and why HDM may collect, use and share information from or about you. By registering as a merchant or otherwise using the HDM services, you consent to the collection and use of information from or about you as explained in this privacy policy. If you do not consent, you cannot use the HDM Services.

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” “Your” or “Merchant(s)” refers to you. “Account” refers to your Merchant account with HDM. 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 “Storefront” refers to the individually-branded web pages provided to HDM Merchants by HDM for the discovery, sales, and downloading of digital media by consumers. The term “Distribution Points” refers to, collectively, You, other Merchants, 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, Storefronts and Distribution Points are collectively referred to as the “HDM Platform.” Registering” means signing in to become a HDM merchant. “Agreement” refers to this Privacy Policy. All terms used here in will mean the sale regardless of upper or lower case use.

Information we collect: We collect information you provide to us. For instance, when you register to become a HDM Merchant, we collect your name, e-mail address, and other information. We collect your ACH bank information so we may make automatic deposits into your account. In addition, HDM may collect information you provide to us when you respond to surveys, contact us through customer service or by other means, or participate in promotions that we may offer from time to time. We also collect information about the sales originating at your Storefront(s) and modifications you make to your Storefrront(s).

Our use of the information we collect: We may use the information we collect in contacting you, in fulfilling HDM services, in customizing recommendations specific to you and your sales history, in aggregating data for business purposes, to assure your adherence to our Terms of Service, to conduct research, to protect your and our rights, and for other purposes disclosed to you at the time we collect the information.

Our sharing of information with third parties:

From time to time we may share information about you and your sales to HDM Vendors. HDM reserves the right to disclose Merchant information that we believe, in good faith, is appropriate or necessary: to take precautions against liability; to protect you and HDM from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations such as those related to copyright; to assist government enforcement agencies; to protect the security or integrity of the HDM platform; or to protect the rights, property, or personal safety of HDM, our Merchants and other users, or others.

Changes to this privacy policy: We reserve the right to update, change, or replace any part of this privacy policy by posting modifications here. It is your responsibility to check periodically for changes.

Contacting us about this privacy policy: You may contact us regarding this privacy policy at:

Info@Hummingbirddm.com or

Terms of Service

Hummingbird Digital Media, Inc.

2350 West Shaw, Suite 146B

Fresno, CA 93711

 Last modified  November 12, 2015