HummZoo Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Welcome to www. hummzoo.com!  These Terms of Use describe the terms and conditions applicable to your access to and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or provided by  hummzoo.com (defined below), from time to time relating to the hummzoo e-commerce platform. com, including, but not limited to, web versions of websites optimized for mobile devices, identified by unified resource locators «www. hummzoo.com», as well as mobile applications  of Hummzoo e-commerce platforms. This document is a legally binding agreement between you as the user(s) of the Sites (hereinafter referred to as «you«, «your» or «User«) and Hummzoo.com the contracting authority determined in accordance with clause 2.1 below (referred to as «we», «our» or «Hummzoo.com» hereinafter  referred to as «we«, «our» or «»).

1. Application and Acceptance of the Terms

1.1 Your access to and use of the Sites and Hummzoo.com the Company’s Services, software and products through the Sites, which shall include the platforms described in clause 7.1 of the Terms (such services, software and products, collectively referred to as the «Services«), are subject to the terms and conditions contained in this document, as well as the Hummzoo.com Privacy Policy (defined in clause 3.3 below),  Hummzoo’s Product Placement Policies and any other rules and policies of the Sites  that may Hummzoo.com be published from time to time. This document and similar other rules and policies of the Sites are collectively referred to below as the «Terms«. By accessing and using the Sites and Services, you agree to accept and be bound by the Terms. Please do not access or use the Services or Sites if you do not accept all of the Terms.

1.2 You may not access or use the Services or the Sites, and you may not accept the Terms, if (a) you are not of legal age to enter into a binding contract with Hummzoo.com, or (b) you are not permitted to receive any Services under the laws of our Jurisdiction or  other countries/regions, including the country/region in which you reside or from which you access and use the Services and Sites.

 

1.3 Hummzoo.com may amend any of the Terms at any time by posting the relevant amended and revised Terms on the Sites. By continuing to access or use the Services or Sites, you agree that the amended and revised Terms will apply to you.
 

1.4 If Hummzoo.com posting or providing a translation of the English language version of the Terms, you agree that the translation is provided solely for convenience and that the English language version will govern your access to and use of the Services or Sites.

1.5 You may be required to enter into a separate agreement, whether online or offline, with Hummzoo.com or our partner in order to receive any service (or features within the Services) (each «Addendum«). If there is any conflict or inconsistency between the Terms and the Addendum, the Addendum shall prevail over the Terms only with respect to the relevant Service (or feature within the Service).

1.6 The Terms and Conditions may not be modified in any other way than in writing by an authorized officer of Hummzoo.com.

2 . Provision of services

2.1 If you are a registered member of any of the Hummzoo Sites, you are entering into a contract with Hummzoo. com.

 

If you are a registered member of any of the Hummzoo Sites and are located in the United States of America, you are entering into a contract with Hummzoo. com.

 

If you are a registered member of any of the Hummzoo Sites and are located outside of mainland China, the United States of America, or relevant jurisdictions (as defined below), you are entering into a contract with Hummzoo.com. Because some Services may be supported and provided by Hummzoo.com affiliates , Hummzoo.com may delegate some Services to its affiliates.

 

Notwithstanding anything to the contrary in the applicable provisions of this clause 2.1, if you are a registered member of Hummzoo and reside in any of the Relevant Jurisdictions or access and use the Hummzoo Sites («User from the Relevant Hummzoo Jurisdiction»), your contract is with Hummzoo.  com. «Relevant Jurisdictions«.

 

2.2 You must register as a member of the Sites in order to access and use some of the Services. Further, Hummzoo.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying users or subject to such other terms and conditions as Hummzoo.com may impose in our sole discretion.

2.3 The Services (or any features within the Services) may vary from region to region and from country to country. No warranty or representation is made that a particular Service or its feature or function of the same type and scope as the Service or its features and functions will be available to Users. Hummzoo.com may, in our sole discretion, restrict, prohibit or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
 

2.4 Hummzoo.com may launch, modify, update, condition, suspend or discontinue any Services (or any features within the Services) without prior notice, except that, in the case of a paid service, such changes will not materially adversely affect the ability of such paying Users to use that Service, except for users from the relevant Hummzoo Jurisdiction. With respect to any Users in the relevant Jurisdiction, Hummzoo may launch, modify, update, condition, suspend or discontinue any Services (or any features in the Services) without notice, except that in the case of a paid Service, such changes will not materially adversely affect the ability of such paying Users to use that Service.

2.5 Some Services (or part thereof) may be provided by  Hummzoo.com affiliates on behalf  of Hummzoo.com.

 

2.6 The promotion services provided by Hummzoo.com in accordance with these terms and conditions shall include: 1) Top rating and list of sponsors; 2) services that benefit, promote, support, directly or indirectly, the User’s business, the User’s brand, product, store, logo, trademark, service mark, User Content (as defined in clause 3.7 of the Terms) and/or derivative work that uses User Content in software, applications, tools, browser extensions and/or platforms operated and/or controlled by Hummzoo.com («Channels  Hummzoo«) and/or on software, applications, channels, platforms, websites and/or any other form of media that are operated and/or controlled by third parties («Third Party Channels«); and (3) any such other services as may be advertised  by Hummzoo .com from time to time.

Hummzoo.com we have the right, in our sole discretion, to determine whether the Advertising Services or any part thereof will be available to you.

3. Users in general

3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites or Services.

3.2 You agree that (a) you will not copy, reproduce, download, republish, sell, distribute or resell any of the Services or any information, text, images, graphics, video clips, sound, directories, files, databases or lists, etc., available on or through the Sites (the «Site Content»), and (b) you will not copy, reproduce, download, compile or otherwise exploit any Content on the Site for business purposes,  that competes with Hummzoo.com or other commercial use of the Site Content. The systematic extraction of Site content from the Sites to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether by robots, spiders, automatic devices, or manual processes) without written permission from Hummzoo.com is prohibited. The use of any content or materials on the Sites for any purpose not expressly permitted by the Terms is prohibited.
 

3.3 You should familiarize yourself with the following documents that govern the protection and use of personal information about users held by Hummzoo.com and our affiliates:

For users who access sites related to Hummzoo’s e-commerce platforms, Hummzoo.com Privacy Policy,  Privacy Policy hummzoo.com.

 

3.4 Hummzoo.com may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of a verbal link, banners, channels or otherwise), APIs or otherwise to the websites of such third parties. We caution you against reading the terms and conditions of such websites and/or privacy policies before using the Sites. You acknowledge that Hummzoo .com does not control the websites of such third parties, does not monitor such websites, and is not responsible to anyone for such websites or any content, products or services available on or through such websites.
 

3.5 You agree not to take any action to undermine the integrity of the computer systems or networks of Hummzoo.com and/or any other user, or to gain unauthorized access to such computer systems or networks.

3.6 You agree not to take any action that may undermine the integrity of Hummzoo.com feedback systems, for example, you can leave positive feedback for yourself using additional member IDs or through third parties, or leaving unreasonable negative feedback for another User.
 

3.7 By placing or displaying any logos, trademarks, service marks, brands, descriptions/information in product listings and any other information, content or materials on the Sites (any such information, content or materials, collectively referred to as «User Content«) or providing any User Content to Hummzoo .com and/or its affiliates and their respective representatives, and to the extent permitted by applicable law, you grant an irrevocable, perpetual, worldwide, royalty-free, and sublicensable (through multiple tiers) license to Hummzoo.com and/or its affiliates and their respective representatives display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative works  works using User Content, remove any part of it (including, without limitation, the watermark or mark that the User Content carries) and otherwise use any or all of the User Content in any form, media or technology, currently known or currently unknown in any way, on the Hummzoo Sites, Channels  and/or Third Party Channels and for any purpose that may be beneficial, directly or indirectly, to Hummzoo.com, the operation of the Sites, the provision of any Services and Services for the promotion and/or business of the User. You represent and warrant  to Hummzoo.com that you have all the rights, power, and authority necessary to grant the foregoing license and User Content and use such User Content (including  derivative works) through  Hummzoo.com and/or its affiliates under such license are free from any infringement of the rights of third parties (as defined in clause 5.4 of the Terms). To the maximum extent permitted by law, you waive your right to protect your intellectual property rights in User Content against Hummzoo .com and/or its affiliates, successors or sublicensees in connection with the use of such User Content in connection with the Services. Information that is protected by data protection laws will only be used and stored in accordance with those laws.

4. Member Accounts

4.1 The User must be registered on the Sites in order to access or use some of the Services (the registered User is also referred to below as the «Member»). With the exception  of Hummzoo.com with your approval, one User may register only one member account on the Sites.  Hummzoo.com may cancel or terminate a User’s account if Hummzoo.com has reason to suspect that the User has registered or controls two or more member accounts at the same time. Further, Hummzoo.com may reject the User’s application for registration for any reason.

 

4.2 Upon registration on the Sites, Hummzoo.com assigns an account and issues a member ID and password (the latter is chosen by the registered user upon registration) to each registered User. The account may have a web-based email account with limited storage space allowing the Member to send or receive emails.
 

4.3 The set of member IDs and passwords is unique to a single account. Each Member is solely responsible for maintaining the confidentiality and security of your Member ID and password, and for all use and activity that occurs under your account (whether or not such use or activity is permitted). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to others within the Member’s own business entity (where applicable). The Member agrees to notify Hummzoo.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of the security of your account.
 

4.4 The Member agrees that any use of the Sites and Services, as well as all activities that occur under your account (including, but not limited to, posting any information about the company or product, clicking a button to accept any additional agreements or rules, subscribing to or paying for any services, sending emails using an email or SMS account),  will be deemed authorized by the Participant.
 

4.5 User acknowledges that sharing your account with others or allowing multiple users outside of your commercial organization to use your account (collectively, «multiple uses») may cause irreparable harm  to Hummzoo.com or other Users of the Sites. Member agrees to indemnify  Hummzoo.com our affiliates, directors, employees, agents and representatives from any losses (including but not limited to lost profits) incurred as a result of repeated use of your account. Member also agrees that in the event of repeated use of your account or the Member’s failure to maintain the security of your account, Hummzoo .com shall not be liable for any loss resulting from such breach and shall have the right to suspend or close the Member’s account without liability to the Member.

5. Obligations of the participant

5.1 Each Member represents, warrants and agrees that (a) you have full authority to accept the Terms, grant license and authorization and perform your obligations under this agreement; (b) your access to and use of the Sites and Services will be for business purposes only; and (c) for Members who are commercial entities, the address you provide when registering is the principal place of business of your business entity. For the purposes of this provision, the branch or liaison office will not be treated as a separate entity and your principal place of business will be your head office.

 

5.2 The Member will be required to provide information or materials about your organization, business or products/services as part of the registration process on the Sites for you to access and use any Service or member account. Each Member represents, warrants and agrees that (a) such information and materials, whether provided during the registration process or subsequently throughout your continued use of the Sites or Service, are true, accurate, current and complete, and (b) you will maintain and promptly change all information and materials to keep them truthful, accurate,  up-to-date and complete.
 

5.3 BY BECOMING A MEMBER, YOU CONSENT TO THE INCLUSION OF YOUR CONTACT INFORMATION IN OUR DATABASE AND AUTHORIZE HUMMZOO.COM AND OUR AFFILIATES MAY SHARE CONTACT INFORMATION WITH OTHER USERS OR OTHERWISE USE YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY.
 

5.4 Each Member represents, warrants and agrees that (a) you are solely responsible for obtaining all necessary third party licenses and permissions in relation to any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe the copyright, patent, trademark, trade name, trade secret or any other personal or proprietary rights of any third party («Third Party Rights«); and (c) you have the right and authority to sell, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content, and such sale, exchange, distribution or export or offer does not violate any Third Party Rights;  and (d) neither the Member nor any of its associates have been banned or removed from any major e-commerce platforms or otherwise implicated in the sale of counterfeit or pirated products online.

 

5.5 Each Member further represents, warrants and agrees that User Content that you submit, post or display must:

1. a) be truthful, accurate, complete and lawful;

(b) Must not be false, misleading or misleading;

1. c) not contain information that is defamatory, defamatory, threatening or harassing, obscene, objectionable, abusive, sexually explicit or harmful to minors;

(d) Not contain information that discriminates or promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age;

e)not to violate  Hummzoo’s Product Placement Policy, other Terms or any applicable Addendums

1. f) not to violate any applicable laws and regulations (including, but not limited to, those governing export controls, consumer protection, unfair competition, price gouging or false advertising) or encouraging any activity that may violate any applicable laws and regulations;
2. g) not contain any links, directly or indirectly, to any other websites that include any content that may violate the Terms.

5.6 Each Member further represents, warrants and agrees that you must:

1. a) carry out its activities on the Sites in accordance with any applicable laws and regulations;
2. b) conduct their business transactions with other users of the Sites in good faith;
3. c) carry out its activities in accordance with the Terms and any applicable Additional Agreements;
4. d) use the Services or Sites to defraud any person or entity (including, but not limited to, selling stolen items, using stolen credit/debit cards);

(e) Not to impersonate any person or entity, or to misrepresent himself or his affiliation with any person or entity;

1. f) not engage in spam or phishing;
2. g) not to engage in any other illegal activity (including, but not limited to, those that constitute a criminal offense, give rise to civil liability, etc.), and not to encourage or incite any illegal activity;
3. h) not include attempts to copy, reproduce, exploit or expropriate various proprietary catalogs, databases and lists of Hummzoo.com;
4. i) not to use any computer viruses or other destructive devices and codes that may damage, interfere with, intercept or expropriate any software or hardware system, data or personal information;
5. j) not to use any schemes aimed at undermining the integrity of the data, systems or networks used by Hummzoo and/or any user of the Hummzoo Sites or gaining unauthorized access to such data, systems or networks;
6. k) no, and your director(s), officer(s), controlling party(s), affiliates, and legal jurisdiction in which any of the foregoing individuals or entities are organized or operate are not individuals or entities subject to any economic or fraud sanctions by any governmental, international or regulatory authorities; and
7. l) not engage in any action that might otherwise create any liability for Hummzoo or our affiliates.

 

5.7 A Member may not use the Sites, Services, or Member Account to engage in activities that are identical or similar to Hummzoo .com’s e-commerce marketplace business.

5.8 If a Member provides a business referee, the Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from such referee in order to (a) act as your business referee; (b) post and publish their contact details and information, letters of recommendation and comments on their behalf; and (c) that third parties may contact such business advisors to support claims or statements made against you. You also warrant and agree that all letters of recommendation and comments are true and accurate, and third parties may contact business referees without the need to obtain your consent.

5.9 The User agrees to provide all necessary information, materials and approval, and to provide all reasonable assistance and cooperation necessary to provide Hummzoo.com Services, assessing whether the Member has violated the Terms and/or addressing any complaint against the Member. If a Member’s failure to do so results in the delay, suspension or termination of any Service, Hummzoo.com   shall not be obligated to extend the applicable service period and shall not be liable for any loss or damage arising out of or in connection with such delay, suspension or termination.

5.10 Member acknowledges and agrees that Hummzoo.com reserves the right, but has no obligation, to actively monitor or exercise any editorial control over the content of any message, material or information (including User Content) created, received or made available through the Services or Sites.  Hummzoo.com does not endorse, verify or otherwise certify the content of any comments or other materials or information (including User Content) created, submitted, posted, displayed or otherwise made by any Member. Each Member is solely responsible for the content of their communications and may be held legally liable for the content of their comments or other materials or information.

5.11 The Member acknowledges and agrees that each Member is solely responsible for complying with applicable laws and regulations in their respective jurisdictions to ensure that all access to and use of the Site and Services comply with them.

 

5.12 Each Member represents, warrants and agrees that

1. a) You and your affiliates must comply with applicable laws and regulations when conducting the relevant business (including, but not limited to, applicable laws and regulations regarding product safety, intellectual property rights, data privacy, consumer protection, product certification or regulatory requirements, import and export controls, unfair competition, price gouging, false advertising, labor, environment, health and safety, anti-bribery and anti-money laundering).

(b) you and your affiliates are not subject to any trade restrictions, sanctions or other legal restrictions adopted or proposed for adoption by any country, international organization or jurisdiction («Relevant Entities»);

1. c) you and your affiliates do not offer products or services that may give rise to any restrictions on international trade, sanctions or other legal restrictions by any Relevant Entities;
2. d) neither you nor any of your parent companies or affiliates, directly or indirectly, is associated with or provides any funds, goods or services to the Relevant Entities;
3. e) you will at all times comply with all applicable export control and sanctions laws and regulations on products, services, software and technology when using the Services, including sanctions resolutions, laws and regulations adopted and enforced by the United Nations Security Council, the People’s Republic of China, the United States of America and any other country;
4. f) If you and your affiliates are a Seller of products that require a warning pursuant to California Occupational Health and Safety Code Section 25249.6 («Proposition 65 Warning»), you will (a) promptly display the Proposition 65 Warning on the product details page as required by applicable law; (b) authorize Hummzoo .com display the Proposition 65 Warning on your behalf; and (c) will revise or remove the Proposition 65 Warning for the product only if the advance warning is required to be modified or is no longer required by law, as the case may be; and
5. g) You and your affiliates are responsible for ensuring that your products comply with the laws and regulations of the destination/region and applicable international conventions, including relevant labour laws and standards, such as the Forced Labour Convention, 1930 and the Abolition of Forced Labour Convention, 1957. If a product is not permitted in one or more markets, the Sites reserve the right to remove the product listing from those markets or to cease selling any such product in those markets.
6. h) If at any point you fail to comply with any of the above requirements, you must immediately stop using the Services. If Hummzoo.com reasonably believes that any of your conduct violates or threatens to violate any applicable laws and regulations, com may, in its sole discretion, at any time, take such action as it deems appropriate in light of the circumstances, including, but not limited to, discontinuing the Services to you, closing relevant purchase orders, and terminating your accounts, reserving all rights, which it may have in relation to any inappropriate actions or conduct of its members.

6. Violations by participants

6.1 Hummzoo.com reserves the right, in its sole discretion, to remove, modify or reject any User Content (in whole or in part) that you submit, post or display on the Sites that, in our reasonable opinion, (i) violates any applicable laws and regulations, (ii) violates the Terms of this Agreement, (iii) may expose Hummzoo or our affiliates to liability.com (iv) violates any rights of third parties,  (v) may be detrimental to the interests of our Members,  third parties or Hummzoo.com  or our affiliates, or (vi) is otherwise found to be inappropriate in Hummzoo.com’s  sole discretion.

6.2 If any Member violates any of the Terms, or if Hummzoo.com has reasonable grounds to believe that the Member is in breach of any Terms, Hummzoo.com shall have the right to take such disciplinary action as it deems appropriate, including but not limited to: (i) suspending or terminating the Member’s account and any accounts determined to be associated with such account, by Hummzoo .com in its sole discretion without liability for any loss or damage arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending, or terminating subscriptions, access, or current or future use of any Service; (iii) remove any product lists or other User Content that a Member has submitted, posted or displayed, or impose limits on the number of product lists or User Content that a Member may post or display; (iv) impose other restrictions on the Member’s use of any features of any Service as  Hummzoo .com may deem appropriate in its sole discretion; and (v) any other corrective action, disciplinary action as Hummzoo.com may deem necessary or appropriate in its sole discretion.
 

6.3 Without limiting the generality of the provisions of the Terms, the Member will be deemed to be in breach of the Terms in any of the following circumstances:

1. a) upon complaint or claim from any third party Hummzoo.com has reasonable grounds to believe that such Member has intentionally or materially failed to perform your contract with such third party, including, without limitation, where a Member who supplies products or services using the Sites and Services has failed to deliver any goods ordered by such third party after receipt of the purchase price, or if the goods delivered by such Member do not materially conform to the terms and descriptions set forth in your contract with such third party,

(b) Hummzoo.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counterparty,

1. c) Hummzoo.com has reasonable grounds to suspect that any information provided by the Member is not current or complete, untrue, inaccurate or misleading, or

d)Hummzoo.com believes that the Member’s actions may result in financial loss or legal liability Hummzoo.com or our affiliates or any other users.
 

6.4 Hummzoo.com reserves the right to cooperate fully with government or regulatory authorities, law enforcement agencies, private detectives and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. In addition, to the extent permitted by applicable laws and policies, Hummzoo.com may disclose the Member’s identity, contact information, and/or information about the Member’s account(s), transactions or activities carried out on or through the Site, at the request of a government, regulatory or law enforcement agency, or an affected third party, or as a result of a subpoena or other legal action.  Hummzoo.com shall not be liable for damages or results resulting from such disclosure and the Member agrees not to bring any claim or claim against Hummzoo.com for such disclosure.

6.5 Hummzoo.com may, at any time and in its reasonable discretion, restrict, suspend or terminate a Member’s use of any Service or Sites, without liability to the Member, if Hummzoo.com has received notice that the Member is in breach of any Hummzoo agreement or obligation. com and such violation is related to or reasonably suspected of dishonest or fraudulent activities. Hummzoo reserves the right, but not the obligation, to investigate such a violation or to seek confirmation from the Member.

 

6.6 Each Member agrees to indemnify and hold Hummzoo.com, our affiliates, directors, employees, agents and representatives harmless from and against any and all losses, damages, claims and liabilities (including legal fees on a full indemnity basis) that may arise from your submission, posting or display of any User Content, your access to or use of the Sites or Services, or your breach of the Terms or any  Additional agreements.
 

6.7 Each Member further agrees that Hummzoo.com  shall not be responsible and shall not be liable to you or anyone else for any User Content or other materials transmitted through the Sites or Services, including fraudulent, false, misleading, inaccurate, defamatory, offensive or illegal material, and that the risk of damage from such User Content or other materials rests entirely with the Member.  Hummzoo.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which case the Member shall cooperate with Hummzoo.com in defending any available defenses.

7. Transactions between buyers and sellers

7.1 Through the Sites, Hummzoo provides electronic web platforms for the exchange of information between buyers and sellers of goods and services.  Hummzoo.com additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage, and execute orders for the provision of products and services online on the hummzoo Sites. com. However, for any Services, Hummzoo.com does not represent either the seller or the buyer in specific transactions.  Hummzoo.com has no control over, and assumes no responsibility for, the quality, safety, legality, or availability of products or services offered for sale on the Sites, the ability of sellers to complete a sale, or the ability of buyers to make a purchase.

7.2 Users are hereby notified that there may be risks of communicating with people acting under false pretenses. Hummzoo.com uses several methods to verify the accuracy of certain information that our paying users provide to us when they register for a paid membership service on the Sites. However, because online user verification is difficult, Hummzoo.com cannot and does not confirm the alleged identity of each user (including, but not limited to, paid Members). We encourage you to use a variety of means, as well as common sense, to assess who you are dealing with.

7.3 Buyers and sellers accessing or using the Sites or Services assume the risks associated with any purchase and sale transactions in connection with or through the Sites or Services. The buyer and sellers accessing or using the Site or Services also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activities related to the products or services that are the subject of transactions on the Sites. Examples of such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory product quality, non-compliance with specifications, defective or dangerous products, illegal products, delay or failure to deliver or pay, incorrect cost calculations, breach of warranty, breach of contract, transport accidents, risk of production, import, export, distribution, offering, display, purchase, sale and/or use of products  or the services offered or displayed on the Sites may infringe or may be claimed to infringe the Rights of third parties, as well as the risk that Users may incur defense costs or other costs in connection with the assertion by third parties of the Rights of third parties or in connection with any claims by any party that they are entitled to defense or indemnification in connection with the assertion of rights,   Examples of such risks also include the risk of claims by consumers, other purchasers, end users of products, or other third parties that they have suffered injury or harm as a result of the use of products obtained through the Sites or Services. All of the above risks are referred to as «Transaction Risks». Hummzoo.com shall not be liable for any losses, claims, liabilities, costs, harms, inconveniences, business interruptions or expenses of any kind that may arise as a result of or in connection with any transactional risks.
 

7.4    Покупатели и продавцы на Сайтах несут единоличную ответственность за изложение и выполнение условий транзакций, проводимых на Сайтах or the Services, through or as a result of the use of the Sites or Services, including, but not limited to, terms and conditions relating to payment, returns, warranties, shipping, insurance, fees, taxes, ownership, licenses, fines, permits, handling, transportation, and storage, subject to any additional obligations.

 

7.5 The User agrees to provide all information and materials that may be reasonably requested by Hummzoo.com in connection with your transactions conducted on, through or as a result of your use of the Sites or Services. Hummzoo.com shall have the right to suspend or terminate any User’s account if the User fails to provide the required information and materials, without liability for any loss arising out of or in connection with such suspension or termination.

 

7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to indemnify and hold Hummzoo.com (and our agents, affiliates, directors, officers and employees) harmless from and against all claims, demands, actions, proceedings, costs and damages (including, without limitation, any special, special, incidental or consequential damages) arising out of or in connection with such dispute or transaction.

8. Limitation of Liability

8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY HUMMZOO.COM ON OR THROUGH THE SITES ARE PROVIDED «AS IS», «AS AVAILABLE» AND «WITH ALL FAULTS», AND HUMMZOO.COM HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS AND UNDERTAKINGS ARE HEREBY EXCLUDED.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUMMZOO.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; HUMMZOO.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORT, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF THE PRODUCTS OR SERVICES OFFERED OR  DISPLAYED ON THE SITES, DOES NOT VIOLATE ANY RIGHTS OF THIRD PARTIES; AND HUMMZOO.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
 

8.3 Any material downloaded or otherwise obtained through the Sites or Services is done at each User’s sole discretion and risk, and each User is solely responsible for any damage caused to themselves or Hummzoo.com User’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, oral or written, obtained by any User from or through Hummzoo.com or through the Sites shall create any warranties not expressly stated herein.

8.4 The Sites may provide the User with services or products provided by independent third parties. No warranties or representations are made with respect to such services or products. In no event shall Hummzoo.com or our affiliates be responsible for any such services or products.
 

8.5 Each User hereby agrees to indemnify and hold harmless Hummzoo.com, our affiliates, directors, officers and employees from any and all losses, claims, liabilities (including legal fees on a full indemnity basis) that may arise from such User’s access to or use of the Sites or Services (including, without limitation, the submission, posting or display of such User’s information and User Content on  Websites, Hummzoo Channels or  Third Party Channels as part of the Advertising Services) or as a result of your breach of any of the representations, warranties under this Agreement and the terms of the Terms. Each User hereby also agrees to indemnify and hold  harmless Hummzoo.com, our affiliates, directors, officers, and employees from and against any and all losses, damages, claims, liabilities (including legal fees on a full indemnity basis) that may arise from User’s breach of any representations and warranties made by User by Hummzoo.com, including,  among other things, those set forth in paragraph 5 of this Agreement.  
 

8.6 Each User hereby agrees to indemnify and hold harmless Hummzoo.com, our affiliates, directors, officers and employees from and against any and all losses, damages, claims, liabilities (including legal fees on a full indemnity basis) that may arise, directly or indirectly, as a result of any claims asserted by third party claimants or other third parties in relation to User Content, information and/or products,  offered or displayed on the Sites. Each User further agrees that Hummzoo.com is not responsible for and will have no liability to you for any material posted by others, including defamatory, offensive or illegal material, and that the risk of damage from such material rests entirely with each User.  Hummzoo.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter that is otherwise indemnified by you, in which case you shall cooperate with Hummzoo.com in asserting any available remedies.
 

8.7 Hummzoo.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, without limitation, damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise, or any other damages arising from any of the following:

1. a) the use of, or inability to use, the Sites or Services;
2. b) any defect in goods, samples, data, information or services purchased or obtained from the User or any other third party through the Sites or Services;
3. c) violation of Third Party Rights or claims or demands that the manufacture, import, export, distribution, offer, display, purchase, sale and/or use by the User of products or services offered or displayed on the Sites or through the Services may infringe or may be claimed to infringe the Rights of Third Parties; or claims by any party that they are entitled to protection or indemnification in connection with claims, claims or claims of claimants about the rights of third parties;
4. d) unauthorized access by third parties to the data or private information of any User;
5. e) statements or conduct of any User of the Sites or Services; or;
6. f) any matters relating to the Sites or Services, however arising, including negligence.

8.8 Notwithstanding any of the foregoing, the aggregate liability of Hummzoo.com, our employees, agents, affiliates, representatives, or any person acting on our behalf in relation to each User for all claims arising out of or in connection with access to or use of the Sites or Services during any calendar year shall be limited to the greater of the following: (a) the amount of fees User has paid to Hummzoo .com in exchange for access to the Site or Services  or their use during the calendar year and (b) the maximum amount permitted by applicable law. The preceding sentence does not preclude the User’s claim to prove actual damage. All claims arising out of or in connection with the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or within the longer period provided for by applicable law governing the Terms.

8.9 The limitations and exclusions of liability to you under the Terms apply to the fullest extent permitted by law and apply whether Hummzoo.com has been advised of or should have known of the possibility of any such damages.

9. Force majeure

Hummzoo.com shall not be liable or liable to pay compensation of any nature for any loss resulting from the unavailability, inconvenience or failure of the services or systems for the following reasons: (i) disabling the system for maintenance; (ii) inability to transmit data due to failures in communication terminals or telecommunications equipment; (iii) failure of systems and inability to perform its functions) due to force majeure, including, but not limited to, typhoons, earthquakes, tsunamis, floods, power outages, fires, storms, wars, political unrest, strikes, shortages of labor or materials, riots, insurrections, civil unrest, terrorist attacks, explosions, acts of God, acts of government, orders of national or foreign courts or tribunals, non-compliance  obligations by third parties; or (iv) the suspension or delay of the failure of services or systems for reasons beyond the  control  of Hummzoo.com such as hacker or cyber attacks, technical adjustments or disruption of the telecommunications department, website updates, third-party problems, or any suspension or disruption of transportation or business operations (including, without limitation, delays or failures in the resumption of operations or operations ordered by any government agency) in the event of  national or regional spread of an epidemic or pandemic.

10. Intellectual Property Rights

10.1 Hummzoo.com is the sole owner or legal licensee of all rights and interests in the Sites and Site Content. The Sites and Site Content contain trade secrets and other intellectual property rights protected under international copyright and other laws. All title and intellectual property rights in the Sites and Site Content remain with Hummzoo .com, our affiliates or licensors, as applicable. All rights not expressly asserted under the Terms or Hummzoo are hereby reserved.com
 

10.2 «HUMMZOO» and related icons and logos are registered trademarks or trademarks or service marks of Hummzoo;  in the relevant jurisdictions, «Hummzoo and  related icons and logos are registered trademarks or trademarks or service marks of  Hummzoo, and the trademark «HUMMZOO» is licensed  by Hummzoo Holding Private Limited» in various jurisdictions and is protected by applicable copyright, trademark and other proprietary rights laws. Unauthorized copying, modification, use or publication of these marks is strictly prohibited.

10.3 Hummzoo.com there may be independent third parties involved in the provision of the Sites or Services (e.g., authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without the prior written consent of such parties.

 

10.4 To the maximum extent permitted by applicable law, all right, title and interest in and to all derivative works created by Hummzoo.com and/or its affiliates using User Content in accordance with the Terms are owned by  Hummzoo.com, which may be freely transferred, licensed or granted  by Hummzoo.com any third party or its affiliates.

11. Notes

11.1 All legal notices or claims against Hummzoo.com(must be made electronically and sent  to Hummzoo.com to the following person and to the following email address: orders@hummzoo.com

. All legal notices or claims against Hummzoo  (relating  to the Hummzoo Sites.com) must be made in writing and sent by e-mail  to Hummzoo.com  or via the contact form HERE. Notices are effective from the moment they are received  by Hummzoo.com

in any of the above-mentioned ways.

11.2 All legal notices or claims against the User shall be effective if delivered in person, sent by courier, registered mail, fax or e-mail to the last known correspondence, fax or e-mail address provided by the User on hummzoo.com, or by posting such notice or demand in an area of the Sites that is publicly available free of charge. The User’s notification shall be deemed to have been received by such User,  If and when:

1. a) Hummzoo.com is able to demonstrate that a message, whether in physical or electronic form, has been sent to such User, or
2. b) immediately after Hummzoo.com free posting of such notice in the public part of the Sites.

11.3 You agree that all agreements, notices, demands, disclosures and other communications that Hummzoo.com sends to you electronically satisfy any legal requirement that such communication be in writing.

12. General Provisions

12.1 Subject to any additional agreements, the Terms constitute the entire agreement between you and Hummzoo.com with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements with respect to the same subject matter herein.

12.2 Hummzoo.com and you are independent contractors and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms.

12.3 If any provision of the Terms is found to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and enforceable.

12.4 The headings are for reference purposes only and do not in any way define, limit, interpret or describe the scope of such a clause.

12.5 Hummzoo .com fails to enforce any right or omissionin respect of  any breach by you of the Terms and Conditions will not constitute a waiver of that right  or Hummzoo.com rightsbut to act with respect to subsequent or similar breaches.

12.6 Hummzoo.com we have the right to transfer the Terms (including all our rights, titles, benefits, interests and obligations under the Terms) to any person or entity (including any affiliates of Hummzoo.com). You may not transfer, in whole or in part, the Terms to any person or entity.
 

12.7  IF YOU ENTER INTO A CONTRACT WITH HUMMZOO. COM SUBJECT TO CLAUSE 2.1 AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF HUMMZOO. COM. IF YOUR CONTRACT IS WITH HUMMZOO.COM, THEN THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE JURISDICTION OF HUMMZOO. COM, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS; AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE COURTS OF  EXCLUSIVE JURISDICTION OF HUMMZOO. COM, UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW.

 

12.8 If you have any comments about the Services we provide, you can contact our customer support line via the contact form with any such feedback or questions.