Terms of Service

Hummingbird Digital Media, Inc.
Please read these Terms of Service carefully.

Definitions used: Hummingbird Digital Media referred to as “HDM”. “You” or “User” refers to you, the user. 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 applications for viewing or listening to the Content are collectively 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 “Distribution Points” refers to, collectively, 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, and Distribution Points are collectively referred to as the “HDM Platform.”

Agreement: By accessing or using any part of the HDM Platform, you agree to be bound by these terms of service (the “Agreement”). If you do not agree to all the terms and conditions of this Agreement, then you may not use any of the HDM Platform. We reserve the right to update, change, or replace any part of this Agreement by posting modified terms of service here. It is your responsibility to check periodically for any changes. This Agreement further incorporates the current HDM Privacy Policy, which can be viewed at https://www.360mediadirect.com/mymustreads-privacypolicy (the “Privacy Policy”). Your continued use of and/or access to the HDM Platform constitutes acceptance of any such periodic changes. The last modification date appears at the end of this Agreement.

Eligibility: HDM’s products and services are marketed for and directed towards purchase by adults or with the consent of adults. Children under the age of 13 years old cannot register to use the HDM Platform without parental permission. By accessing or utilizing the HDM Platform, you confirm that you are either over the age of 13 years old, or you have received parental permission. HDM does not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on the HDM Platform. In the event that HDM learns that someone under the age of 13 has provided any personal information to or on the HDM Platform, we will remove that information as soon as possible.

Limits on use: Depending the individual agreement HDM has with each specific content vendor, Content acquired by you via the HDM Platform may be licensed for your use instead of sold to you. All Content shall be accessed and utilized via the HDM Platform and through no other third-party platform or application. Each specific vendor may require additional terms of use for its content, and such terms shall apply, provided however that the terms of this Agreement shall supersede in the event of a conflict. Content delivered to you at time of purchase or licensing or during applicable free-trial periods is solely for your personal, non-commercial purposes. Reproduction, modification, or distribution of any Content for any other purpose is expressly prohibited. You shall not sell, license, rent, otherwise use or exploit any Content for commercial use or in any way that violates any third-party right including copyright laws. You may not remove or modify any proprietary notices or labels on the Content, and you may not attempt to modify, bypass, reverse engineer, defeat or otherwise circumvent any digital rights management system or other content protection feature included within the Content or the App. You may store properly acquired content on up to five (5) mobile devices such as smartphones and tablets, (collectively “Devices”). We reserve the right to limit or terminate your account without notice if you are signed in on more than five (5) Devices at one time. Safeguard your password. You agree not to provide your password to any other person or use any other person’s user name and password.

Payments and refunds: Payments may be made by credit or debit card accounts. Applicable taxes will be applied. Due to limitations placed on HDM by its vendors, all sales of content are final. Damaged content will be replaced.

Content Disclaimer: We are not responsible for the accuracy, usefulness or offensiveness of any Content. Any user, including without limitation children under the age of 18, may be exposed to content that is indecent, objectionable, inaccurate, or lacking usefulness and by accessing the HDM Platform, you and/or your guardians hereby waive any legal rights or remedies with respect thereto.

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.

  1. 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:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. 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
653 West Fallbrook Ave
Suite 101, Fresno CA 93711

Indemnification: HDM 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 Platform at your own risk. Furthermore, you agree to indemnify, save, and hold HDM, its affiliated companies, contractors, employees, agents and 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 Platform may be suspended, modified, or discontinued at HDM’s sole discretion with respect to any or all users, at any time without notice. Upon termination of your access to all or part of the HDM Platform, you agree to immediately cease such terminated use of the HDM Platform. You agree that HDM will not be liable to you for any such suspension, modification, or discontinuance.

Limitation of Liability. In no event will HDM’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the HDM Platform exceed the amount of fifty dollars ($50.00); and (2) in no event will HDM or any other Content provider's aggregate liability to you for all damages arising from your use of the HDM Platform exceed the amount you actually paid for the Content or for the aspect of the HDM Platform related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

Disputes/Binding Arbitration. Any dispute or claim arising from or relating in any way to your use of HDM Platform or this Agreement will be subject to the binding arbitration in the county of Fresno, state of California, pursuant to the rules of the American Arbitration Association (“AAA”), including the AAA's “Supplementary Procedures for Consumer-Related Disputes”. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration HDM and you, both, waive any right to a jury trial. It is also agreed that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law. By using any HDM Platform, including without limitation the App, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, county of Fresno, without regard to principles of conflict of laws, will govern these Terms of Service.

Information Provided to Hummingbird. The HDM Platform will provide HDM with information about your use of the HDM Platform, and its interaction with the Content (such as last page read, content archiving, available memory, up-time, log files, and signal strength). Information provided to HDM may be stored on servers outside the country in which you live. HDM will handle any information it receives in accordance with the California Consumer Privacy Act, which can be viewed here:


You may contact us regarding these Terms of Service at:

Info@Hummingbirddm.com or

Terms of Service
Hummingbird Digital Media, Inc.
653 West Fallbrook Ave
Suite 101, Fresno CA 93711

Last modification date: February 23, 2021