The following terms and conditions (“Terms”) represent a legally binding agreement entered into between Hitch Interactive and you, who are the owner of a Yummy Hamo NFT. By acquiring a Yummy Hamo NFT, you are confirming that you understand and agree to be bound by all of these Terms. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the legal authority to accept these Terms on that entity’s behalf.
Furthermore, as the Yummy Hamo NFT smart contract runs on Ethereum network, there is no ability to undo, reverse, or restore any transactions. By using Yummy Hamo NFT associated websites and applications, you are accepting sole responsibility for any and all transactions involving Yummy Hamo NFTs.
When you purchase a Yummy Hamo NFT, you own all property rights to the cryptographic token underlying the Yummy Hamo NFT. At no point may we seize, freeze, or otherwise modify the ownership of a Yummy Hamo NFT. However, you do not own the Yummy Hamo artwork, brand, or other intellectual property or other right associated with that Yummy Hamo NFT, except for the specific licensed rights set forth in these Terms.
You must be at least 18 years old to purchase a Yummy Hamo NFT. If you are under 18 years old, you are not permitted to use Yummy Hamo associated websites and applications. By accessing the websites and applications, you represent and warrant that you are at least 18 years of age.
1. DEFINITIONS
“Yummy Hamo NFT” means any Yummy Hamo branded Non-Fungible Token (“NFT”) on the Ethereum network, created by or on behalf of Hitch Interactive.
“Yummy Hamo Art” means the artwork, image, or works of authorship (“Art”) associated with a specific Yummy Hamo NFT.
“Hitch Interactive,” “us,” “we,” or “our” means Hitch Interactive and/or its affiliates.
“Hitch Interactive Entities” means Hitch Interactive, its parents, affiliates, related companies, officers, directors, employees, advisors, agents, representatives, advertisers, suppliers, partners and licensors.
“You” or “your” means a lawful owner of a Yummy Hamo NFT.
2. OWNERSHIP
For as long as you lawfully own your Yummy Hamo NFT, and subject to your continued compliance to these Terms, we hereby grant you the following rights:
A. A worldwide, royalty-free license to use, reproduce, display, modify, and create derivative works of the Art from your Yummy Hamo NFT solely for the following personal use purposes:
(i) For your own personal, non-commercial use;
(ii) As part of a marketplace that permits the purchase and sale of your NFT, provided that the market place cryptographically verifies each Yummy Hamo NFT owner’s rights to display the Yummy Hamo Art to ensure that only the actual owner can display the Art;
(iii) As part of a third party website or application that permits the inclusion, involvement, or participation of your Yummy Hamo NFT, provided that the website/application cryptographically verifies each Yummy Hamo NFT owner’s rights to display the Art to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner leaves the website/application.
B. A worldwide, royalty-free, license to use, reproduce, and display the Art from your Yummy Hamo NFT for the following commercial use purposes:
(i) Display the Art in or on the goods or media, such as the use of the Art to produce and sell merchandise products displaying copies of the Art;
(ii) Owning or operating a marketplace that permits the use and sale of Yummy Hamo NFTs, provided that the market place cryptographically verifies each Yummy Hamo NFT owner’s rights to display the Art to ensure that only the actual owner can display the Art;
(iii) Owning or operating a third party website or application that permits the inclusion, involvement, or participation of Yummy Hamo NFTs, provided that the third party website/application cryptographically verifies each Yummy Hamo NFT owner’s rights to display the Art to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Yummy Hamo NFT leaves the website/application;
Notwithstanding the foregoing, the terms for the above personal use or commercial use do not include a right to mint or create new NFTs or NFT projects based on your Yummy Hamo NFT that you own or based on any derivative works or modifications of any Yummy Hamo Art. The license in Section 2.B also does not include a right to create derivative works of the Yummy Hamo Art.
Further, you acknowledge and agree that we may also modify, create derivative works of Yummy Hamo Art, or create works of authorship similar or identical to your own adaptations, derivative works, and modifications of any Yummy Hamo Art. Accordingly, on behalf of yourself and your heirs, successors and assignees, you irrevocably covenant and agree not to assert or bring any suit, claim, demand or challenge against us or any other licensees in connection with their use of any Yummy Hamo Art or any adaptations, derivative works, and modifications thereto, even if such artwork or content is similar to or the same as any adaptations, derivative works, or modifications in any Yummy Hamo Art that have been created by you.
3. COPYRIGHT AND IP
Other than the rights of the Art in Section 2, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to us, including, without limitation, to Hitch Interactive, Hitch1999, Yummy Hamo, and their associated logos, websites, and applications. All of these rights are expressly reserved by us.
Furthermore, you may not remove, delete, or obscure any trademark notice, copyright notice or other intellectual property notice in any Yummy Hamo NFT or Yummy Hamo Art or associated websites and applications.
4. TRANSFER OF OWNERSHIP
The licenses granted in these Terms are non-transferrable, except that if you sell or transfer your Yummy Hamo NFT, you will no longer be granted the foregoing licenses in the Art, and such licenses will be transferred to the new owner of the Yummy Hamo NFT associated with the Art.
In connection with any sales, transfer or similar transactions of the Yummy Hamo NFTs, the transferee agrees that by purchasing, accepting, or otherwise acquiring the Yummy Hamo NFT, they shall be deemed to accept these Terms.
Any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network.
Ethereum requires the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the Ethereum network. This means that you will need to pay a Gas Fee for each transaction.
5. RESTRICTIONS
You are solely responsible for your own conduct while using Yummy Hamo NFT, Yummy Hamo Art, and associated websites and applications. You agree to use the NFT, the Art, and associated websites and applications for purposes that are legal, proper, and in accordance with these Terms and any applicable laws and regulations in your jurisdiction.
Notwithstanding any of the above, you may not use the Yummy Hamo Art in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene activities, or that promotes any such activity.
If you engage in any of the activities prohibited by this Section, we may, at our sole discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately revoke your licenses in Section 2 for personal use and commercial use.
6. DISCLAIMERS
YOUR ACCESS TO AND USE OF YUMMY HAMO NFT AND YUMMY HAMO ART IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE YUMMY HAMO NFTS AND THE YUMMY HAMO ART ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE HITCH INTERACTIVE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE HITCH INTERACTIVE ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE YUMMY HAMO NFTS AND YUMMY HAMO ART; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND (C) WHETHER THE YUMMY HAMO NFTS AND YUMMY HAMO ART WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (D) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE YUMMY HAMO NFTS AND YUMMY HAMO ART.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
THE YUMMY HAMO NFTS ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY. THEY ARE NOT CONSIDERED A “SECURITY,” AS DEFINED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY U.S. STATE.
7. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE HITCH INTERACTIVE ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE HITCH INTERACTIVE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.
THE MAXIMUM AGGREGATE LIABILITY OF THE HITCH INTERACTIVE ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $500 US DOLLARS.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE ASSOCIATED WEBSITES AND APPLICATIONS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITES AND APPLICATIONS TO YOU WITHOUT THESE LIMITATIONS.
8. RISK ASSUMPTION
You accept and acknowledge each of the following:
A. To the extent that you sell your Yummy Hamo NFT, please be aware that the prices of NFTs are extremely volatile. Fluctuations in the prices of other NFTs can impact the price of your NFT both positively and negatively. Given the volatility, NFTs such as Yummy Hamo NFTs should not be considered an investment. You assume all risks in that connection.
B. No information provided by us or associated websites or applications (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing provided by us or associated websites or applications qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, Yummy Hamo NFTs have not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Yummy Hamo NFT and the associated Art is in compliance with laws and regulations in your jurisdiction.
C. Transacting on a blockchain, including, without limitation, to auction, bid on, buy or sell NFTs, contains inherent risks. Such risks include but not limited to:
(i) Risk of sudden asset price changes;
(ii) Risk of smart contract failure or exploit;
(iii) Risk of hardware, software, or connectivity failure;
(iv) Risk of malicious software;
(v) Risk of unauthorized access;
(vi) Risk that you will no longer successfully retain ownership of or access to the NFT;
(vii)Risk that any data or artwork becomes unavailable.
By acquiring a Yummy Hamo NFT or accessing associated websites or applications, you acknowledge and accept these and all associated risks and responsibilities and agree that your acceptance of the NFT is at your own risk.
9. INDEMNIFICATION
By accepting these Terms and accessing or using the Yummy Hamo NFTs or Yummy Hamo Art, you agree that you shall defend, indemnify and hold the Hitch Interactive Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Hitch Interactive Entities arising out of or in connection with: (i) your violation or breach of any provision of these Terms or any applicable law or regulation; (ii) your violation of any rights of any third party; (iii) your access to or use of the Yummy Hamo NFT or Yummy Hamo Art; (iv) any modifications to or derivative works of the Yummy Hamo Art that you create, or (v) any fraud, negligence or willful misconduct committed by you.
10. REVISION AND MODIFICATION
We may choose to make additional features, access, content, items or other benefits available to owners of Yummy Hamo NFTs (“Additional Features”). We have no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when acquiring a Yummy Hamo NFT. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available.
We may also modify these Terms from time to time. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by placing a prominent notice on the first page of the associated websites and applications. However, it is your sole responsibility to review these Terms from time to time to view any such changes. Your continued access or use of the Yummy Hamo NFT or Yummy Hamo Art after these Terms are updated will be deemed your acceptance of the modified Terms.
11. TERMINATION
If you breach any of the provisions of these Terms, all licenses granted by us to you will terminate automatically. Upon the termination of your licenses, you shall cease all marketing, distribution, or sale of goods, services and media that feature the Yummy Hamo Art and shall cease all further use of the Yummy Hamo Art. All provisions which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by us or you. Termination will not limit any of our other rights or remedies at law or in equity.
12. SEVERABILITY
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be freely assigned by us but may not be assigned by you without the prior written consent of us. Any purported assignment in violation of these Terms will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
13. MISCELLANEOUS
You represent and warrant that you have the legal capacity to agree to these Terms. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to these Terms will be the state and federal courts located in Contra Costa County, California. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.
YOU HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST HITCH INTERACTIVE IN CONNECTION WITH THESE TERMS. YOU HEREBY EXPRESSLY WAIVES ANY RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.