You may only use the Services by linking your digital wallet on supported bridge extensions such as MetaMask (https://metamask.io/). MetaMask is an unhosted electronic wallet, which allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency. In connection with using the Services, we will ask you to download a supported electronic wallet extension, and connect and unlock your digital wallets with that extension. Once you submit an order to purchase a non-fungible token (“NFT”), your order is passed on to the applicable extension, which completes the transaction on your behalf.
You need to create a User Account (“Account”) with HUMBL to use the Services. When you create an account, we will ask you for information about yourself. We may require you, in our sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services.
By creating an Account, you agree to (1) provide accurate, current and complete Account information about yourself, (2) maintain and promptly update from time to time as necessary your Account information, (3) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (4) immediately notify us if you discover or otherwise suspect any security breaches related to the Services, or your Account. HUMBL will block multiple accounts of the same user.
You further agree that you will not (1) create another account if we’ve disabled one you had unless you have our written permission first; (2) buy, sell, rent or lease access to your Account or username unless you have our written permission first; (3) share your Account password with anyone; or (4) log in or try to log in to access the Services through unauthorized third-party applications or clients.
You agree that HUMBL has the right to immediately suspend your account, pause or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that (1) your account is being used to facilitate money laundering or any illegal activity; (2) you have concealed or provided false identification information or other details; (3) you have engaged in fraudulent activity; or (4) you have engaged in transactions in violation of these Terms. HUMBL may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism.
By creating an Account, you consent to receive electronic communications from HUMBL (e.g., via email or by posting notices to the Service). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Unless otherwise indicated in writing by us, the Services and all other materials contained therein, including, without limitation, the HUMBL logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “HUMBL Content”) are the proprietary property of HUMBL or our affiliates, licensors or users, as applicable.
Notwithstanding anything to the contrary in these Terms, the Services and HUMBL Content may include software components provided by HUMBL or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
The HUMBL logo and any HUMBL product or service names, logos or slogans that may appear on the Services are trademarks of HUMBL or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “HUMBL” or any other name, trademark or product or service name of HUMBL or our affiliates without our prior written permission. In addition, the look and feel of the Services and HUMBL Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of HUMBL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and HUMBL names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by HUMBL.
You are hereby granted a limited, nonexclusive, non transferable, non sublicensable license to access and use the Services and HUMBL Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Service or HUMBL Content, (b) distribute, publicly perform or publicly display any HUMBL Content, (c) modify or otherwise make any derivative uses of the Services or HUMBL Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Services or HUMBL Content, except as expressly permitted by us, and (f) use the Services or HUMBL Content other than for their intended purposes.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray HUMBL or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of HUMBL to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any HUMBL trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
HUMBL reserves the right to remove content without prior notice. HUMBL will take down content in response to formal infringement claims and will terminate a user's access to the Services if the user is determined to be a repeat infringer.
If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting us at:
600 B Street, Suite 300, San Diego CA 92101
Formal infringement claims regarding content on the Services must include:
HUMBL provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or their products or services. You use all links in Third Party Sites at your own risk. We may, but are not obligated to, warn you that you are leaving our Site. When you leave our Site, our Terms and policies no longer govern.
You accept and acknowledge:
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 HUMBL does not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use the Services at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that HUMBL will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.
HUMBL is an administrative platform only. We are not a broker, financial institution, or creditor. HUMBL facilitates transactions between the buyer and seller in the auction but is not a party to any agreement between the buyer and seller of NFTs or between any users.
Tickets sold through the Services grant you only a revocable license to the ticket(s) that may be revoked at any time for any reason. Resale or attempted resale of any ticket(s) issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation. You assume all risk or danger incidental to the attraction, whether occurring prior to, during, or subsequent to, the actual attraction. The terms of sale of each ticket issued pursuant to a transaction initiated on the Services are subject to any and all terms imposed by the applicable Promoters. In order to be admitted to an event, you must present the original ticket in its original, undamaged, unaltered form, to the applicable venue at the appropriate time. Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by the Promoter.
All sales are final. No refunds or exchanges for tickets purchased through the Services will be made. Each Promoter may have additional policies regarding refunds or exchanges, but HUMBL is entitled to retain all fees collected through the Services that we perform in taking orders and delivering tickets, including, if applicable, shipping, handling, and service charges.
Notwithstanding the issuance of tickets through the Services, the Promoter may cancel the event, may change the scheduled performers, or may change the event date without notice. Any such change will not be considered a cancellation of the performance. Where events are held at outdoor venues, the risk of inclement weather is assumed by you. In the event that a Promoter offers to refund the base ticket price of the canceled event, you must make the request for refund no later than 10 business days of the originally scheduled date. In the event that a performance is rescheduled and the base price refunds are authorized by the Promoter, any refund request must be made to HUMBL prior to the show and all tickets must be returned to HUMBL no later than 10 business days after the rescheduled date and/or refund request, whichever is earlier. HUMBL is entitled to retain all fees collected through this website for services that it performs in taking orders and delivering tickets, including shipping, handling, and service charges, regardless of whether a show is rescheduled or canceled.
To the extent relevant, lost or stolen tickets will not be replaced.
No cameras or recording equipment of any kind are allowed at any event for which tickets are sold to you through the Services. A violation of this policy will be grounds for revocation of all tickets issued to you and/or ejection from the applicable venue.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY HUMBL, THE SERVICES, CONTENT CONTAINED THEREIN, AND NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HUMBL MAKES NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. HUMBL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENT CONTAINED THEREIN. HUMBL DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE HUMBL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, HUMBL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, ANY CRYPTO ASSETS LISTED ON OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, OR OTHER MEANS OF ATTACK AGAINST THE SERVICE.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT HUMBL CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.
HUMBL IS NOT RESPONSIBLE FOR SUSTAINED CASUALTIES DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF NFTS. HUMBL IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING NFTS INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
THE SELLER REPRESENTS AND WARRANTS THAT THEY HAVE ALL THE NECESSARY LEGAL PERMISSIONS, RIGHTS AND LICENSING, TO SELL THE NFTS THAT THEY POST ON HUMBL GALLERY (NFT PLATFORM).
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HUMBL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF HUMBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HUMBL ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY HUMBL FROM THE SALE OF NFTS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF HUMBL FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF HUMBL’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF HUMBL’S FRAUD OR FRAUDULENT MISREPRESENTATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless HUMBL, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “HUMBL Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, content or NFTs, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user, OpenSea, Wyre Payments Inc., or MetaMask. You agree to promptly notify HUMBL of any third party Claims and cooperate with the HUMBL Parties in defending such Claims. You further agree that the HUMBL Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND HUMBL.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time. You agree that HUMBL will not be liable to you or to any third party for any such modification, suspension, or discontinuance of any of the Services.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Subject to the following section, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and HUMBL agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Los Angeles County, California, for the purpose of litigating all such disputes. We operate the Services from our offices in California, and we make no representation that information and materials included in the Services are appropriate or available for use in other locations.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
If you have any questions or concerns regarding these Terms or otherwise would like to contact HUMBL, please send HUMBL Customer Support an email at email@example.com
Last updated: September 6th, 2021