HYMN - TERMS OF SERVICE 

Last Revised on April 6, 2022 

 

Welcome to HYMN, HYMN.com (the “Website”), and the related mobile applications (the “App”) operated on behalf of HYMN B.V. (“Company”, “HYMN”, “we” or “us” or “our”). These Terms and Conditions (“Terms” or “Terms of Service”) constitute a legally binding agreement between HYMN and each registered or unregistered end user (each, a “User,” “you” or “your”) of the NFT and video Platform located at the Website or such other URL as may be designated by us from time to time, as well as any mobile apps or other related services or applications thereto (collectively, the “Platform”). The Platform and any content, tools, features and functionality offered on or through our Website and the App, including making available NFTs (as defined below) for purchase or sale, are collectively referred to as the “Services”. 

 

Please carefully review these Terms. These Terms govern your access to and use of the Services. By accessing and using the Services (including by creating an Account or by purchasing or bidding on any items), you are deemed to have read, accepted and agreed to be bound by these Terms. We may change or amend the Terms at any time at our sole and absolute discretion. Any changes to the Terms will be in effect as of the “LAST REVISED” date referred to at the top of this page. 

You acknowledge and agree that the form and nature of the Services, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features and change any part of the Services. If you do not understand or agree to these Terms, please do not use the Services. 

For purposes of these Terms, “you” and “your” means you as our audience and the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. 

IF ANY PROVISION OF THESE TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE SERVICES AND DO NOT CREATE AN ACCOUNT. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE. 
 

1. WHO MAY USE THE SERVICES. 

You must be eighteen (18) years of age or older to use the Services. Additional aspects of the Services may have further age restrictions that will be presented to you in connection with those Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian or other holder of parental authority accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By downloading the App or otherwise using or accessing the Service, you represent and warrant that you meet these requirements. 

2. CERTAIN DEFINITIONS. 

In addition to the terms used and defined throughout these Terms, the following capitalized terms will have the following meanings: 

2.1 “Company NFT” means any NFT (as defined below) that is sold or otherwise transacted directly by or on behalf of Company, and that may be associated with certain Content (as defined below) or utilities made available by Company. 

2.2 “Content” means content, materials, art, design, and drawings (in any form or media, including, without limitation, video or photographs). 

2.3 “Artist NFT” means a Company NFT that includes utility that enables the user to access certain Content or utilities from an artist on the Services. 

2.4 “NFT” means a non-fungible token implemented on a blockchain using smart contracts, such as, for illustration but not limitation, a non-fungible token conforming to the ERC-721 standard on the Ethereum blockchain network. The NFT is separate and distinct from the Content or any other Third Party IP with which it may be linked or associated. An NFT is not a medium of exchange and is not convertible virtual currency. 

2.5 “Third Party IP” means any third party copyrights, trade secrets, trademarks, know-how, patent rights or any other intellectual property rights recognized in any country or jurisdiction in the world. 

 

3. USER ACCOUNTS AND WALLETS. 

3.1 Account Creation and Maintenance. To use certain of the Services, you need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. By creating an account, you represent and warrant that you will not use our Website to conduct any illegal or illicit activity. You can access, edit and update your Account via the account settings page of your profile. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account, and we are not liable for any loss as a result of your account being compromised. You must immediately notify us at [email protected] if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. 

3.2 One Account Per User. Each individual user may only have one Account. Company reserves the right, in its sole discretion, to determine whether you have or control more than one Account. Company further reserves the right to suspend or terminate any Account that it deems to be in excess of the one Account permitted per individual user. During any period of suspension of an Account, you will not be able to perform any actions on the Services through that Account. 

3.3 External Non-Custodial Wallet. You may choose to associate a non-custodial wallet (by way of example, a MetaMask or Coinbase Wallet) (“External Non-Custodial Wallet”) with your Account. External Non-Custodial Wallets allow you to purchase, store and engage in transactions using the interface provided by the Platform. Associating an External Non-Custodial Wallet, or a specific type thereof (e.g., a MetaMask wallet) may be required as a condition to receiving a Company NFT, as provided in the specific terms and conditions of an individual drop. By using an External Non-Custodial Wallet in connection with the Services, you agree that you are using such External Non-Custodial Wallet under the terms and conditions of the applicable providers of such External Non-Custodial Wallet. For example, for the MetaMask wallet, those terms and conditions are available at https://metamask.io/terms.html. External Non-Custodial Wallets are not associated with, maintained by, supported by, or affiliated with HYMN. We reserve the right to refuse to associate an External Non-Custodial Wallet with a User’s Account in its sole and exclusive discretion. If you attempt to associate your Account with an External Non-Custodial Wallet bearing risk factors, such attempts may result in the suspension or termination of your Account, each as determined in Company’s sole and exclusive discretion. We accept no responsibility or liability to you in connection with your use of an External Non-Custodial Wallet, and make no representations or warranties regarding how the Services will operate with any specific External Non-Custodial Wallet. The private keys necessary to decrypt an External Non-Custodial Wallet are held solely by you, and not by us. We have no ability to help you access or recover your private keys for your External Non-Custodial Wallet, so please keep them in a safe place. 

3.4 Wallet Transfers. We may, but have no obligation to, provide functionalities via the Services whereby you can transfer items from one wallet to another. Transfers and other transactions between the Services and External Non-Custodial Wallets may be facilitated by one or more smart contracts that we have not developed and do not control. You acknowledge the risk of smart contracts and agree to be bound by the outcome of any smart contract operation that you initiate or that is initiated at your direction. We accept no liability or responsibility for any such transfer, including for any loss, data corruption, or other negative impact that may occur to your Company NFTs or wallets or other assets when attempting to transfer assets between wallets. 

 

4. NFT PURCHASES AND PAYMENTS. 

4.1 Ownership of a Company NFT. When you purchase a Company NFT, you own the NFT but you do not own any intellectual property rights in the Content except for the license grants expressly set forth herein in Section 5 (“License to Content”). 

4.2 Payment for Purchases. The Services allow you to purchase tickets and otherwise transact in Company NFTs. You acknowledge and agree that all information you provide with regards to a purchase of tickets or Company NFTs, including, without limitation, credit card or other payment information as the Services may accept through a third-party platform or system from time-to-time, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to a third-party platform or system that fulfills payments for Company NFTs, including, without limitation, any credit card you provide when completing a transaction. When you purchase a Company NFT, you (a) agree to pay the price for such ticket or Company NFT as set forth in the applicable Service, any charges necessary to the fulfillment of the Company NFTs, including any required gas fees, and all applicable taxes (which may include, without limitation, sales, use, value-added and other taxes, duties and assessments other than taxes on our net income) in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us and/or a third-party platform or system that fulfills payments for Company NFTs to charge your credit card or other payment method for the Full Purchase Amount. You acknowledge that with respect to Company NFTs, Company may impose a fee on any secondary sales of such Company NFT after its initial purchase, and regardless whether such secondary sale occurs on the Platform or on some other platform. Unless otherwise noted, all currency references are in euro. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility. Your order may be suspended or canceled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable. 

4.3 Recordkeeping of Purchased Company NFTs. Any NFT that you acquire through the use of the Platform will be assigned to the wallet associated with your Account, as provided in Section 3.3 of these Terms, and will be recorded on the applicable blockchain. Company NFTs purchased through a Third Party Platform will also be assigned to a separate wallet, which may include a custodial wallet, as described in the respective Third Party Platform’s terms of service, as provided in Section 9.2. Company has no obligation or liability to you for keeping, storing, or helping you recover any Company NFT that you purchase hereunder. 

4.4 No Liability for Payments and Transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Platform, or any other payment or transactions that you conduct via the Platform. Except as may be provided in connection with the sale of a specific Company NFT, we do not provide refunds for any purchases that you might make on or through the Platform – whether for Company NFTs or anything else. 

4.5 Purchases Made for Consumptive Use. You acknowledge and affirm that you are purchasing Company NFTs, whether through the Platform or through a Third Party Platform (defined below), for purposes of acquiring digital collectibles and not for any investment or speculative purposes. Any economic benefit that may be derived from appreciation in the value of the Company NFT is incidental to obtaining it for its collectible purpose. 

 

5. LICENSE TO CONTENT. 

5.1 Scope of License. If you purchase a Company NFT, then subject to your compliance with these NFT Terms, Company hereby grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Content for such purchased Company NFT, solely for the following purposes: 

(a) for your own personal, non-commercial use; or

(b) as part of a marketplace that permits the purchase and sale of your Company NFTs, provided that the marketplace cryptographically verifies each Company NFT’s owner’s rights to display the Content for their Company NFT to ensure that only the actual owner can display the Content; 

This license only lasts as long as you are the valid owner and holder of the Company NFT associated with the licensed Content. If you sell or transfer the Company NFT to another person, this license will transfer to such other owner or holder of the Company NFT, and you will no longer have the benefits of such license. All rights not expressly granted are reserved. 

5.2 Limitations on License. You agree that you may not, nor permit any third party to do or attempt to do any of the following without our (or, as applicable, our licensors’) express prior written consent in each case: 

(a) modify the Content for your Company NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; 

(b) use the Content for your Company NFT to advertise, market, or sell any third party product or service; 

(c) use the Content for your Company NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; 

(d) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Content for your Company NFT; 

(e) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Content for your Company NFT; or 

(f) otherwise utilize the Content of your Company NFT for your or any third party’s commercial benefit. 

5.3 Inclusion of Third Party IP. If the Content associated with your Company NFT contains Third Party IP (e.g., licensed intellectual property from any rights holder, such as music performance rights or publicity rights), you understand and agree as follows: 

(a) you will not have the right to use such Third Party IP in any way except as incorporated in the Content for your Company NFT, and subject to the license and restrictions contained herein; 

(b) depending on the nature of the license granted from the owner of the Third Party IP, we may need to (and reserve every right to) pass through additional restrictions on your ability to use the Content; and 

(c) to the extent that we inform you of such additional restrictions, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of the license contained herein. 

 

6. LOCATION OF OUR PRIVACY POLICY. 

6.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located here. 


7. RIGHTS WE GRANT YOU. 

7.1 Right to Use Services. We hereby permit you to use the Services for your personal non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services (e.g., an iOS App), we hereby grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to download, execute and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms, provided that your license in any Content in connection with any Company NFTs is solely as set forth in the license grant of Section 5.1. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.

7.2 Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services (as determined in our sole discretion), unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so: (a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms; (b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same; (c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services; (d) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to establish Accounts, perform any transaction on the Services, or modify or make use of the Services in any way; (e) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; (f) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same; (g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services; (h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services; (i) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same; (j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; (k) use the Services for illegal, harassing, unethical, or disruptive purposes, or otherwise use the Services in a manner that is fraudulent, deceptive, threatening, defamatory, obscene, hateful, or otherwise objectionable; (l) violate any applicable law or regulation in connection with your access to or use of the Services; or (m) access or use the Services in any way not expressly permitted by these Terms. 

7.3 Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App is or will be available in, or that orders for Company NFTs can be placed from, any particular geographic location. As part of the Services, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages (if provided-for) through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company. 

7.4 Mobile Software from the Apple App Store. The following terms and conditions apply to You only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. you and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. 

 

8. OWNERSHIP AND CONTENT. 

8.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content) including, without limitation, the exclusive right to create derivative works. 

8.2 Ownership of Trademarks. The Company’s name, HYMN, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. 

8.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. 

 

9. THIRD PARTY SERVICES AND MATERIALS. 

9.1 Use of Third Party Materials in the Services. The Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. 

9.2 Purchases on Third Party Platforms. The Services contain or may direct you to Company NFTs available for purchase only on a third-party site or sites that we may direct you to when you choose to purchase the Company NFT through the Services (a “Third Party Platform”). For clarity, a Third Party Platform is not part of the Platform. When you click “Purchase” for a Company NFT that is only available for purchase on a Third Party Platform, you will be redirected to a page on the Third Party Platform where you may complete your purchase (subject to the applicable rules), or to a staging area (e.g., a queue) before the specific Company NFT is available for purchase. Your use of any Third Party Platform is subject to that site’s terms of use or terms of service, as applicable, and you must comply with applicable third party terms of use or terms of service when completing your purchase and for any subsequent engagement with the Company NFT through the Third Party Platform. If you do not have an account with the Third Party Platform at the time you attempt a purchase, you will be required to establish a user account, with an approved payment method, to complete a purchase for the selected Company NFT. The Third Party Platform’s terms of service will disclose the custody or ownership model for the Company NFTs purchased through such Third Party Platform, which may include a custodial wallet made available to you by such Third Party Platform (“Third Party Platform Wallet”) or which may allow you to mint or transfer such Company NFTs into one or more External Non-Custodial Wallets. Notwithstanding the foregoing, you and the Company acknowledge that the Third Party Platform is not responsible for addressing, and you release the Third Party Platform from, any claims of yours or any third party arising out of or relating to the purchase of a Company NFT including, but not limited to: (a) product liability or breach of warranty claims, (b) any claim that the Company NFTs fail to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the Company NFT or your possession and use of that Company NFT infringes that third party claimant’s intellectual property rights, the Company, not the operator of the Third Party Platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and the Company acknowledge and agree that the operators of any such Third Party Platform, together with its subsidiaries, sub-licensees, employees and contractors, are third party beneficiaries of these Terms as they relate to your use of such Third Party Platform for purchase of the Company NFTs, and that, upon your acceptance of these Terms, such operators of any Third Party Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. 

 

10. DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION, AND ASSUMPTION OF RISKS. 

10.1 Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services 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 Company, its parents, officers, directors, employees, agents, representatives, partners and licensors (the “the Company Entities”) and all operators of Third Party Platforms DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company or through the Services, will create any warranty or representation not expressly made herein. 

10.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA , WALLET KEYS, 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 COMPANY 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. 

10.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your use of an External Non-Custodial Wallet or Third Party Wallet with the Services; (e) Your Content, or (f) your negligence or wilful misconduct. 

10.4 Assumption of Risks. You acknowledge and agree that there are risks associated with purchasing and holding NFTs and using blockchain technology. These including, but are not limited to, risk of losing access to Company NFTs due to loss of a PIN, wallet keys, two-factor authentication devices, or log-in information, custodial error or purchaser error, smart contract error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks. The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Each Company NFT has no inherent or intrinsic value. You acknowledge that you have obtained sufficient information to make an informed decision to purchase an NFT, including carefully reviewing the code of the smart contract and the NFT and fully understand and accept the functions of the same. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform, and therefore the potential utility or value of your Company NFTs. Upgrades to any blockchain network or hard forks in such networks, or a change in how transactions are confirmed on such blockchain networks may have unintended, adverse effects on all blockchains, including any that are related to your Company NFTs. Any purchase or sale you make, accept or facilitate outside of the Platform of an NFT will be entirely at your risk. Any use of a wallet will be entirely at your own risk. Except as may otherwise be provided in these Terms, we do not control or endorse purchases or sales of NFTs outside of the Platform. 

You are solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Services. Except for income taxes levied on us, you: (a) will be solely responsible for reporting any tax obligations when, if ever, such obligations arise as a result of your use of the Services or in relation to a Company NFT; (b) will pay or reimburse Company for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and other taxes as may be required, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (c) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made to us pursuant to these Terms. Neither these Terms nor any other communication from Company constitutes tax advice, and users are solely responsible for determining what, if any, taxes apply to their interaction with Company NFTs and the Services. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFTs outside of the Platform. 

10.5 Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these NFT Terms, for any failure or delay in fulfilling or performing any of our obligations under these NFT Terms or in operating the Platform, when and to the extent such failure or delay is caused by or results from any events beyond Company’s ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.

 10.6 Cancellation and Refunds.

a. If a ticketed event is canceled, we will automatically refund you the full price. If a ticketed event is postponed to a specific date, your ticket will automatically apply to said later date but you have the possibility to request a full refund.

b. Otherwise, on Ticketed Events HYMN has a no charge-back, no refund policy. 

10.7 Miscellaneous. This Agreement shall be governed by Dutch laws without regard to conflicts of laws’ provisions thereof. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement and understanding between you and HYMN with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written negotiations, understandings or agreements. No changes or modifications or waivers to this Agreement will be effective unless in writing and signed by HYMN. All notices under this Agreement shall be in writing, and shall be deemed given when personally delivered, when sent by confirmed  email, or three days after being sent by prepaid certified or registered mail. The User may not assign this Agreement nor any portion thereof to any third party; any purported assignment shall be void and without effect. In any action to enforce rights or obligations under this Agreement, the prevailing party shall be entitled to recover costs and reasonable attorney fees. 

 

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST HYMN OR ITS LICENSORS.

 

Should you have any questions, complaints or claims with respect to the Service, please click here to go to the Support page.


How to Contact Us. You may contact us regarding the Services or these Terms at: [email protected]