To the extent applicable, these Terms of Use apply to all users of the Website ("Users"). Hummbid reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Hummbid grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Additional terms and conditions may apply to the use of Services or purchase Products and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific Service.

Accounts

1. In order to access the auctions (the "Auctions") and certain other features of the Website, you must create an Account that is accepted by Hummbid and maintained by you in accordance with these Terms of Use and applicable law. You may never use another's Account.
2. When creating your Account, you agree to only provide accurate and complete information.
3. Only one Account per person is allowed, unless otherwise expressly approved by Hummbid. Only individuals may open an Account, not entities, companies, trusts, co-ops, etc.
4. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Hummbid immediately of any breach of security or unauthorized use of your Account. Although Hummbid will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Hummbid or others relating to any such unauthorized use.
5. Either you or Hummbid may at any time terminate your Account, for any reason or no reason, with or without notice. If Hummbid terminates your Account for any reason other than your violation of these Terms of Use, the Website rules and regulations, and/or your violation of law, then Hummbid shall return to you the balance of any purchased and paid Bids (each as defined below), either by e-mail, US Mail and/or courier (e.g., FedEx) to your address that we have on file for you.
6. To request an Account and/or participate in any Auction (including the placing of a bid or purchasing a Product), you must be legally capable of entering into binding contracts and be at least 18 years old.
7. Hummbid employees, independent contractors, and their immediate family members are not eligible to participate in Auctions.
8. Hummbid Products and Services are offered exclusively to Account holders and not to commercial or partly-commercial resellers.
9. Each User shall be liable for all activities that are undertaken using his or her Account.
10. Hummbid hereby grants to you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for the purposes expressly agreed upon by Hummbid; (ii) you will not copy or distribute any part of the Website in any medium; (iii) you will not alter or modify any part of the Website; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
11. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a convention on-line web browser.
12. You agree to use the Website and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use.
13. You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by Hummbid.
14. You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other Users.
15. You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any Hummbid page.
16. You agreed not to disclose your password to any third party or permit any third party to access your Account.
17. You may not sell, license, or otherwise transfer your Account, except by operation of law; provided, however, you may only transfer to other eligible users of Hummbid (i.e., users who are at least 18 years of age and who either have a valid Account or open a valid Account) unused Bids and Packs that are returned to you pursuant to Numbers 5 above.

Purchase of Bids

1. Each bid placed by a User with an authorized and active Account in connection with an Auction ("Bids"), must be purchased and paid for by users prior to initiating such Bid. Bids are purchased only in packs comprised of a minimum quantity ("Packages") at the currently applicable price(s).
2. Payment shall be made for Packages by credit/debit card, Google Checkout or via PayPal. The card issuing bank may charge you a foreign transaction fee.
3. Neither Bids nor Packages are transferable.
4. If any payment by a User for Packages or Products is returned or dishonored we may without limitation to any other rights or remedies, Hummbid reserves the right to disable such User's Account until all obligations are paid in full.
5. Purchased Packages and Bids are valid for the duration of your Account.
6. When a Bid is placed in an Auction, the Bid is deducted from the User's Account and can no longer be used.
7. Users are prohibited from using bidding software not authorized by Hummbid, including "robots". The use of robots will VOID any winnings and no refunds shall be given.

Auctions, Purchases and Shipping

1. Upon a User placing a Bid in an active Auction, the price of the Product for that Auction increases by the amount specified. Each Bid constitutes an irrevocable offer by such User to purchase the Product under the terms and conditions for such Auction. Upon completion of the Auction, Hummbid will accept the winning Bid, whereupon, an agreement for purchase of such Product shall be made and be binding upon such User and Hummbid, under the terms and conditions of such Auction.
2. Unless otherwise set forth in such Auction, each new Bid resets the 'remaining time' for the Auction by the amount set for such Auction, which is in addition to an increase in the purchase price by the amount reflected in such Auction. The Auction ends when the remaining time reaches zero. The User with the last (and highest) Bid wins the Auction, at the applicable purchase price. All other Bids placed on the item expire and will not be credited back to any Account or be eligible for use. The winning (last) Bidder is determined based upon our records and will be made in our sole discretion.
3. The successful bidder of each Auction must acknowledge all of the applicable Auction and purchase information, including purchase price, shipping costs, payment options, and shipping instructions. The User must select a payment option and pay the purchase price, plus shipping costs (if any), plus applicable taxes (if any). If an Auction win has not been acknowledged and paid with fourteen (14) days of the Auction end-date, Hummbid reserves the right to reject the offer to purchase the Product.
4. Upon payment of the applicable purchase price, the shipping costs (if any), and taxes (if any), Hummbid, shall initiate the shipment of the Product to the address information supplied by the winning Bidder. Shipment will be made from our suppliers or from our warehouse. The Website has more details on shipping limitations and restrictions.
5. If Hummbid is not able to deliver the Products purchased, Hummbid shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the purchase price (plus any shipping charges and taxes paid).
6. The product models provided in the auctions are for reference only; Hummbid shall substitute the models for the ones in the national market of the buyer. This is due to market differences; if no similar with better or same features are to be found in the national market of the buyer, Hummbid shall make provisions such as but not limited to: - Refund the buyer with the retail price of the item OR substitute the item OR import the original item. Hummbid reserves the right to have the final decision over this process, if needed.
7. One account is entitled to win three (3) times in a period of 30 days. After the third winning, the buyer's account will be automatically put on hold. This is to certify fair play and terms adherence. This hold is lifted or kept after proper analysis, which will not take more than 12 hours.
8. Except for audio or video recordings and computer software, any Product purchased from Hummbid may be returned within fourteen (14) days of receiving item, in original condition with all original packaging and material. Contact returns@hummbid.com for details. Bids are not refundable.
9. A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such instance, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a user's account and are not eligible for a refund for bids used or other costs incurred.
10. Hummbid provides no assurance or promise for the constant and uninterrupted availability of the Website and technical systems. Without limitation to any other disclaimer set forth herein, Hummbid shall not be liable for any damage that occurs due to Bids submitted by Users not being received by Hummbid or not being received promptly or not being considered, as a consequence of technical faults.
11. Hummbid can only deliver to the USA, Canada, United Kingdom, Ireland, New Zealand, Australia and the UAE. The buyer shipping address has to be in one of these locations. In case the buyer fails to provide an address in one of these locations within 14 days, Hummbid will not honor the purchase and the bids will be refunded with no further compensation.
12. USA, Australia and UK orders are considered domestic shipment due to the availability of warehouses in these locations. Other countries will receive the products via courier and user may be responsible for tax, if any.
13. Hummbid will not refund unused bids, all bid packages sales are final.
14. The Bid Buddy or Bid Butler is limited to 500 bids per session. You may place more than 500 bids via Bid Buddy in any item, however, every setting has a maximum of 500 bids each time.

Intellectual Property

1. Patent. Hummbid or any of its licensors or affiliates products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and Hummbid and/or its licensors and/or affiliates reserves all such rights.
2. Trademarks - General. Hummbid®, as well as other names and marks so notified in the Web Site are trademarks of Hummbid. ("Hummbid Marks"). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by Hummbid and/or respective holders.

Trademarks - Use of. You may use Hummbid Marks or product names to refer to Hummbid products and services, provided you follow the following guidelines whenever Hummbid Marks appear:

• a. Your use of Hummbid Marks must not mislead consumers or imply as to any Hummbid sponsorship, affiliation, or endorsement of your company, or your products or services.
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• b. You should not use Hummbid Marks, or any other trademarks, service marks, logos, or trade names of Hummbid, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party's products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.
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• c. At least upon the first occurrence of each of the Hummbid Marks, the ® symbol shall appear.
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• d. In any material in which the Hummbid Marks appear, a notice in the following format will be added: "Hummbid and the Hummbid logo, are trademarks of Hummbid".
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• e. All Hummbid Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by Hummbid, without any variations of same.
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• f. The Hummbid Marks shall be used as an adjective followed by the generic term for the product/service.
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• g. These guidelines are not a definitive statement of proper brand and trademark use. Hummbid reserves the right to oppose any uses of Hummbid Marks that Hummbid, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. Hummbid further reserves the right to revise these guidelines at any time, without notice.
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• h. Hummbid® and The Green Hummingbird® are trademarks of Boca Trading S.r.o, a Czech Republic Limited Liability Company.

Miscellaneous

1. User Disputes. You are solely responsible for your interactions with other Users. Hummbid reserves the right, but has no obligation, to monitor disputes between you and other Users.
2. Eligibility. Using the Services and/or purchasing Bids, Pacts, or Products is void where prohibited. You represent and warrant that you are at least 18 years of age. Bid or Packages that are otherwise assignable hereunder, may not be transferred or assigned to anyone in violation of law.
3. Update your Address. Your electronic (e-mail) and physical addresses should be reachable; all such information of which shall be retained to us in accordance with our Privacy Policy.
4. Non-Returnable Bids or Packages. If we are unable to return or credit to you any Bids, Packages, or Gift Bids as contemplated herein (including because you change your address or e-mail and do not notify us of such change), then except where prohibited by law, such non-returnable bids will expire one year following our attempted return or credit.
5. Registration. You may be required to open an Account in order to access some or all of the Services. To do so, you will be required to create a username and password, to agree to these terms and conditions and to provide your email address. You may be required to provide additional information and complete additional registration steps.
6. Non Commercial Use by Users. The Services are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Hummbid. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the Services are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by Hummbid.
7. Disclaimers. Hummbid is not responsible for any incorrect or inaccurate content posted on the Website or in connection with any of the Services provided, whether caused by Users or by any of the equipment or programming associated with or utilized in any of the Services. Hummbid is not responsible for the conduct, whether online or offline, of any User. Hummbid assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Services or Products. Hummbid is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including any injury or damage to users and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services or Products. Under no circumstances shall Hummbid be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any content posted on the Website or transmitted to Users, or any interactions between Users, whether online or offline. THE WEBSITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AND Hummbid EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. Hummbid DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, THE BEATS, AND/OR THE SERVICES.
8. Limitation on Liability. IN NO EVENT SHALL Hummbid OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND ANY OF THE SERVICES, EVEN IF Hummbid HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Hummbid' LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO Hummbid FOR THE SERVICES DURING THE TERM OF YOUR ACCOUNT.
9. Indemnity. You agree to indemnify and hold Hummbid, its subsidiaries, members, managers, affiliates, officers, agents, lawyers, accountants, licensors, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or any of the Services in violation of these Terms of use; arising from your breach of these Terms of Use; arising from your violation of applicable law or court order; and/or arising from your negligence.
10. Void Where Prohibited. Hummbid administers and operates the Website from its location; other Hummbid sites may be administered and operated from various locations. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use in every country. Hummbid reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on Hummbid is void where prohibited. If you choose to access the Website, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
11. Privacy Policy. Please carefully read our Privacy Policy, the terms of which are hereby incorporated by this reference.
12. Other. Except for any additional written agreement(s) between you and Hummbid, these Terms of Use constitute the entire agreement between you and Hummbid regarding the use of the Website and/or any of the Services. The failure of Hummbid to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. All rights not expressly granted to you in these Terms of Use are reserved to Hummbid and/or its licensors. This Agreement is not assignable or transferable or sublicensable by you except with Hummbid' prior written consent. Hummbid may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms of Use.
13. Jurisdiction. You agree that the jurisdiction of Hummbid is PRAGUE, CZECH REPUBLIC (“Jurisdiction”), and any disputes or lawsuits are to be filled in it’s Jurisdiction.

Last Updated: October 21, 2011