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YUMMY HAMO NFT TERMS AND CONDITIONS

Last Updated: October 21, 2023

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.