Terms and Conditions

Yummy Hamo NFTs Presale Terms and Conditions

The following terms and conditions (“Terms”) represent a legally binding agreement entered into between Hitch Interactive (“we”, “us”, “our”) and you, who are a buyer of Yummy Hamo NFTs during its Presale Campaign (“Presale Campaign”). By participating in the Presale Campaign, you are confirming that you understand and agree to be bound by all of these Terms, together with the Yummy Hamo NFTs Terms and Conditions in the Appendix. 

  1. You must be at least 18 years old to participate in the Presale Campaign. If you are under 18 years old, you are not permitted to purchase Yummy Hamo NFTs or 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.

  2. All transactions are final and no refund or return policy. As the Yummy Hamo NFT smart contract runs on Ethereum network, there is no ability to undo, reverse, or restore any transactions, including any pre-order transactions in the Presale Campaign. By using Yummy Hamo NFT associated websites and applications, including this Presale Campaign, you are accepting sole responsibility for any and all transactions involving Yummy Hamo NFTs. Any credit card transactions during the Presale Campaign are also final. The ordered NFTs will be delivered to you by the delivery date below. Therefore we can not accept refund or return of your order.

  3. Eligibility. You agree to use the NFT, the Art, and associated websites and applications, including this Presale Campaign, for purposes that are legal, proper, and in accordance with these Terms and any applicable laws and regulations in your jurisdiction. If you engage in any of the activities prohibited by the Terms, 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 purchases in the Presale Campaign.

  4. Pricing and Payment. Credit card payment processing services for the Presale Campaign are provided by third-party payment processors and are subject to their Terms of Service. The price of an NFT available for sale during the Presale Campaign is solely determined by us, and is subject to adjustment from time to time at our sole discretion.

  5. Delivery. After the completion of transactions, we will reserve the NFTs in your order, and will deliver to you on Ethereum at the end of the Presale Campaign, at no additional cost to you. You must provide an email address at the time of the presale order for us to contact you and confirm the delivery date and method. We strongly recommend that you also provide a valid Ethereum address at the time of the presale order. The delivery date will be no later than December 24, 2023.

  6. Valid Ethereum Address. Yummy Hamo NFTs are minted on the Ethereum mainnet. It is your responsibility to provide a valid Ethereum address that can receive Ethereum ERC1155 tokens. If you provide an incorrect or an invalid Ethereum address, upon the delivery of the NFTs, your NFTs may be lost permanently. We are not liable nor responsible for any request to recovery your NFTs. 

  7. Force Majeure Event. For the purposes of this Agreement, "Force Majeure Event" means any unforeseeable event or circumstance beyond the reasonable control of us which prevents us from performing its obligations under this Agreement, including but not limited to: acts of God; war; civil unrest; terrorist attacks; hacking or other cyber-attacks; natural or nuclear disasters; adverse weather conditions; fire; flood; epidemics; pandemics; interruptions or failures in the operation or functioning of the blockchain or associated platforms upon which the NFTs rely; changes in law or regulations affecting the sale, transfer, or possession of NFTs; and any other event or circumstance of a similar nature. Should we be prevented from fulfilling our contractual obligations by a Force Majeure Event, the performance of our obligations, to the extent affected by the Force Majeure Event, shall be suspended during the period the Force Majeure Event persists. 

  8. 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.