This website is operated by Hume, Inc. (“Hume”). Throughout the site, the terms “we”, “us” and “our” refer to Hume. Hume offers this website, including all information, tools and services available from this site to you on all subdomains, subscription platforms, social media platforms, and mobile applications (collectively, the “Site”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features, tools, or applications which are added to the current Service shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.
1. Basic Terms
By creating an account for our Service, you agree to provide true, accurate, current, and complete information. You agree not to create an account using a false identity or providing false information or if you have previously been removed or banned from our Service. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur on or in connection with your account and you agree to notify us immediately of any unauthorized access or use of your account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your account.
You may use the Service only if you are at least 13 years of age. We do not knowingly market or sell products or services for purchase by children. You may buy products or services from Hume only if you are legally capable of forming a binding contract with Hume (or if you are over 13 years old but under 18 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Service under the laws of the United States of America (“U.S.”) or any other applicable jurisdiction. By using this Service, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the Site or the Service.
You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You may not use the Service or our products (including NFTs) for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2. Your License to Use the Service
Hume gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive license to use the Service (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Hume, in the manner permitted by these Terms. The rights to use the Service are licensed, not sold, to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, or make a derivative work from the software in the Service.
The intellectual property rights in all software and content (including videos, photographic images, and other graphics) made available to you on or through the Service are and shall remain the property of Hume and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Hume and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Service nor may you use any such content in connection with any business or commercial enterprise.
3. Digital Assets
NFTS will be priced, minted in the amounts, at the times and with the eligibility requirements, and provide utility, as described on the Site or the marketplace upon which such NFT is listed. Your access and use of particular utility associated with an NFT may be subject to additional terms and conditions, including without limitation, third party terms and conditions, requirements to use third party software or services, or your provision of proof of identification. We reserve the right, in our sole discretion, to restrict, suspend, or deny any utility associated with an NFT to any NFT-holder, for any reason, at any time. No utility associated with an NFT is an endorsement.
To claim or purchase an NFT, you must use a digital wallet that allows you to purchase, store, and engage in transactions using a digital asset or cryptocurrency wallet (“Wallet”), and you must connect your Wallet to the Service. NFTs will be available to claim or purchase at the times and via the methods described on the Site. To claim an NFT, you must have sufficient cryptocurrency in your Wallet to cover the applicable transaction fees, processing fees and/or any other associated fees, such as gas. We will not credit you or refund you any such transaction fees.
NFTs may be available to re-sell and transfer on marketplaces. You acknowledge and agree that we receive a ten percent (10%) fee on all transactions involving such NFTs on such marketplaces and that we may collect such fee automatically via the applicable NFT’s functionality. NFTs may be associated with a digital work. However, the intellectual property rights in all NFTs are and shall remain the property of Hume and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Hume and its licensors. Unless otherwise stated as part of the NFT’s utility, owning the NFT grants the owner a limited, personal, worldwide, non-exclusive, non-sublicenseable, royalty-free license to use such digital work and associated intellectual property rights solely for personal, non-public and non-commercial use.
All prices and availability of NFTs are subject to change without notice. The price and liquidity of NFTs (“Digital Assets”), are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect Digital Assets, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets. Digital Assets are not legal tender and are not backed by any government. Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in Digital Assets shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction. The value of Digital Assets may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Blockchain Asset should the market for that Digital Asset disappear.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding Digital Assets, including the suitability and appropriateness of, and investment strategies for, Digital Assets. You agree and understand that you access and use the Service at your own risk; however, this brief statement does not disclose all of the risks associated with Digital Assets and other digital assets. NFT transfers take place via third party marketplaces, browser extensions and are dependent upon the functionality of decentralized blockchain technology. Accordingly, you agree that we have no responsibility with respect to any transfer of any NFT, and we will not be liable for the acts or omissions of any third parties or the function or malfunction of any such third party browser extensions or technology. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Digital Assets, however caused.
4. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
5. Modifications to the Service and Prices
The Service and Products that Hume offers are always evolving, and their form and nature may change from time to time without prior notice to you. In addition, Hume may stop (permanently or temporarily) offering the Site or Service (in whole or in part) to you or to users generally, without any prior notice or liability to you.
6. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
7. Third-Party Links
Certain content and Products available via our Service may include materials from third parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
8. Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us, and may grant sublicenses of these rights. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree and warrant that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree and warrant that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
9. Personal Information
10. Prohibited Uses
In addition to other restrictions set forth in these Terms, you are prohibited from using the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11. Disclaimer of Warranties; Limitations of Liability
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICE OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HUME AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) THE AMOUNT THAT YOU HAVE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50). TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HUME, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, REGARDLESS OF WHETHER SUCH LOSS OR DAMAGES ARE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
UNDER NO CIRCUMSTANCES SHALL WEBE REQUIRED TO DELIVER TO YOU ANY DIGITAL CURRENCY AS DAMAGES OR MAKE SPECIFIC PERFORMANCE. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF DIGITAL CURRENCY, YOU AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE DIGITAL CURRENCY DURING THE PERIOD BETWEEN THE INITIAL INCIDENT RESULTING IN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE FOREGOING LIMITATIONS AND EXCLUSIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by providing us thirty (30) days’ prior written notice that you wish to terminate. Please note that the termination of these Terms relates only to the use of the Service, and that the terms applicable to digital assets sold by Hume including NFTs (“Digital Assets”) will continue to apply to the Digital Assets.
In addition, your right to access and use the Site and Service will terminate if (a) you breach any of these Terms; (b) you have a trustee, receiver or similar party appointed for your property, become insolvent, acknowledge your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition in bankruptcy; (c) you engage in any unlawful business practice related to the Digital Assets; or (d) you initiate any legal actions, except as specifically provided in Section 16, against any of Hume, and/or its officers, directors, affiliates, agents, attorneys and employees.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. All provisions that by their nature are intended to survive termination shall so survive.
15. Entire Agreement
No failure on the part of Hume to enforce any part of these Terms shall constitute a waiver of any of Hume’s rights under these terms, whether for part or future actions on the part of any person. Neither the receipt of any funds by Hume nor the reliance of any person on Hume’s actions shall be deemed to constitute a waiver of any part of these Terms. Only specific, written waiver signed by an authorized representative of Hume shall have any legal effect whatsoever.
16. Applicable Law and Disputes
These Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of California, without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to the Terms or the Service (including the purchase of Products) shall be resolved exclusively in the state or federal courts located in [Los Angeles COUNTY, California. You hereby irrevocably consent to personal jurisdiction, venue, and the exclusive jurisdiction of any such court over any such dispute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Service (including the purchase of Products) must be commenced within one (1) year after the claim or cause of action arises.
17. Changes to Terms of Service
From time to time, Hume may change these Terms in its sole discretion. Any such changes will apply only with respect to your access to the Site and Service, and not to the terms applicable to the Digital Assets. All such changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. It is our policy to post any changes we make to these Terms on this page with a notice on the Site. If we make material changes to these Terms, we will notify you through a notice on the Site. You are responsible for regularly reviewing these Terms. Your continued use of the Service following the posting of changes to the Terms indicates your acceptance of those revisions.
18. Changes to Terms of Service
Questions about these Terms should be sent to us at firstname.lastname@example.org.
19. Changes to Terms of Service
In accordance with the Digital Millennium Copyright Act, we respond to notices of alleged copyright infringement and terminate access to the Service for repeat infringers. If you believe that materials on our site infringe your copyright, please send the following information to the Copyright Agent named below:
i. your address, telephone number, and email address;
ii. a description of the work that you claim is being infringed;
iii. a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
iv. a statement that you have “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”;
v. an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
vi. a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
If we determine that you are a repeat infringer, we may terminate your access to the Service, remove or ban you (and any account you created or control), and take other action that we deem appropriate, in our sole discretion.