Terms & Conditions
These Terms & Conditions (“Terms”) govern your use of the website and services of Humming Bird Publisher (“we,” “us,” or “our”). By accessing our website or purchasing or using our services, you agree to these Terms. If you do not agree, please do not use our site or services.
1. Services
Humming Bird Publisher provides book publishing, editorial, design, marketing, distribution, and related creative services as described on our website or in a separate written agreement, statement of work, or order form (collectively, the “Services”). Specific deliverables, timelines, and fees may be set out in a project agreement between you and us.
2. Eligibility & account
You represent that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If you use our Services on behalf of a company or organization, you represent that you have authority to bind that entity. You are responsible for maintaining the confidentiality of any account credentials and for all activity under your account.
3. Your content & intellectual property
You retain ownership of your manuscript, materials, and intellectual property that you provide to us (“Your Content”). You grant us a non-exclusive license to use, reproduce, edit, adapt, display, and distribute Your Content solely as needed to perform the Services you have requested.
You warrant that Your Content does not infringe any third party’s rights, is not defamatory or unlawful, and that you have the right to grant the license above. Deliverables we create for you (e.g., layouts, cover designs produced under your commission) are subject to the rights and usage terms agreed in your project agreement or invoice.
4. Fees & payment
Fees for Services are as quoted on our website, in writing, or in an invoice. Unless otherwise agreed, payment is due according to the schedule on your invoice. Late payments may incur fees or suspension of work as permitted by law. All amounts are stated in U.S. dollars unless otherwise specified.
5. Cancellations & refunds
Cancellation, refund, and revision policies depend on the stage of work and the terms of your specific package or agreement. Where not otherwise specified, any refundable amounts will be determined in accordance with the written agreement between you and Humming Bird Publisher.
6. Disclaimers
Our Services are provided on an “as is” and “as available” basis to the fullest extent permitted by law. We do not guarantee specific sales, rankings, awards, or commercial outcomes. We are not responsible for delays or failures caused by events beyond our reasonable control.
7. Limitation of liability
To the maximum extent permitted by applicable law, Humming Bird Publisher and its affiliates, officers, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data. Our total liability arising out of or relating to these Terms or the Services shall not exceed the amount you paid us for the Services giving rise to the claim during the twelve (12) months before the claim arose.
8. Indemnity
You agree to indemnify and hold harmless Humming Bird Publisher from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from Your Content, your use of the Services, or your breach of these Terms.
9. Privacy
Our collection and use of personal information is described in our Privacy Policy. By using our Services, you acknowledge that we may process information as described there.
10. Changes to these Terms
We may update these Terms from time to time. We will post the revised Terms on this page and update the “Last updated” date. Continued use of our website or Services after changes constitutes acceptance of the revised Terms, except where applicable law requires additional notice or consent.
11. Governing law
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles, except where mandatory consumer protection laws of your jurisdiction apply. You agree to submit to the exclusive jurisdiction of the courts located in Los Angeles County, California, for any disputes arising from these Terms or the Services, subject to any rights you may have under applicable law.
12. Contact
For questions about these Terms, contact us at [email protected] or by mail at: 400 S Hope St Los Angeles, CA 90071, United States.