<p> Last modified on July 20, 2020 and effective on July 20, 2020.
<p> HUMBLE BUNDLE, INC.
IS A DELAWARE CORPORATION WITH AN OFFICE AT 160 SPEAR ST, SUITE 1000, SAN FRANCISCO, CA 94105 ("HUMBLE BUNDLE," "COMPANY", "WE," "US," OR "OUR").
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND HUMBLE BUNDLE.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CLICKING ON THE PURCHASE BUTTON.
IF YOU DOWNLOAD SOFTWARE FROM ONE OF THE HUMBLE BUNDLE WEBSITES OR IN CONNECTION WITH THAT SERVICE, YOUR USE OF THE SOFTWARE IS ALSO GOVERNED BY THE APPLICABLE END USER LICENSE AGREEMENT PRESENTED TO YOU ON DOWNLOAD OR INSTALLATION OF THAT SOFTWARE.
<p> THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
<p> SECTION 6 CONTAINS AN IMPORTANT NOTE TO NEW JERSEY CONSUMERS.
USE OF SERVICE</strong>
<u>(a) Eligibility.</u> You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and foreign laws, rules and regulations.
If your minor children use the Service, you are solely responsible for such use, including, without limitation, any purchases your minor children make through the Service.
Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement and you agree that you will not allow your minor children under the age of 13 to engage in such use.
You may not use the Service if you have previously been removed or banned from the Service by Humble Bundle.
<u>(b) Restrictions.</u> You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping".
(ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Humble Bundle grants the operators of public search engines revocable permission to use spiders to copy materials from Humble Bundle for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
(iii) transmitting spam, chain letters, or other unsolicited email.
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
(v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure.
(vi) uploading invalid data, viruses, worms, or other software agents through the Service.
(vii) collecting or harvesting any personally identifiable information, including account names, from the Service.
(viii) using the Service for any commercial solicitation purposes.
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
(x) interfering with the proper working of the Service.
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
(xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
(xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products' (defined below) licensors.
(xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per-user limitations.
or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
<p> YOU ACKNOWLEDGE AND AGREE THAT HUMBLE BUNDLE HAS THE ABSOLUTE RIGHT IN ITS SOLE DISCRETION, WITHOUT ANY LIABILITY TO YOU OF ANY KIND AND IN ADDITION TO ALL OF ITS OTHER RIGHTS UNDER THIS AGREEMENT, IN LAW AND AT EQUITY, TO CANCEL ANY AND ALL DOWNLOAD PAGES, PRODUCT KEYS OR REDEMPTION CODES FOR PRODUCTS YOU HAVE PURCHASED SHOULD HUMBLE BUNDLE DETERMINE IN ITS SOLE DISCRETION THAT YOU HAVE VIOLATED ANY OF THESE RESTRICTIONS.
<u>(c) Termination of Service or Access.</u> We may, without prior notice, change the Service.
stop facilitating the Service or features of the Service, to you or to users generally.
or create usage limits for the Service, including, without limitation, limiting the number of Products you may purchase at any given time or under any given account or set of accounts.
We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.
Upon termination for any reason or no reason, you continue to be bound by this Agreement.
<u>(d) Your Information.</u> The Service is only for sales of products or product rights (collectively, "Products") to end user customers for their personal, non-commercial use.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service.
<p> Once you make a purchase, you will receive a unique download page.
You shall not, directly or indirectly, disclose the unique URL for your download page to anyone else or use anyone else's download page.
You are solely and entirely responsible for all activities that occur on your download page.
Humble Bundle shall not be responsible for any losses arising out of the unauthorized use of your download page.
<u>(e) Objectionable Material.</u> You understand that by using the Service and Products, you may encounter content that may be deemed mature, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or adult themes, and which may be due to the content of the Products or your interactions with other users in the course of using the Products.
You agree to use the Service at your sole risk and that Humble Bundle shall have no liability to you for content that may be found to be mature, offensive, indecent, or objectionable.
<u>(f) Product Requirements.</u> Use of the Service and/or Products requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining patches, updates or upgrades from time to time.
Because use of the Service and/or Products involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Service and/or Products may be affected by these factors.
You are responsible for being aware of any particular system requirements of any Product and for your ability to meet such requirements, which may change from time to time.
Applicable system requirements at the time of purchase can be found on the information page for each Product.
Certain Products also may require you to register an account with a third party (which may require an initial and/or ongoing fee) or to install third party software and content in connection with their use.
Humble Bundle does not assume any responsibility or liability for any such fee, account or third party software or content.
Physical copies Products are not available.
If you are having difficulty downloading the Product or encounter any other issues with the purchase, download or activation of a Product, you should contact us at https://support.humblebundle.com/hc/requests/new </p>
PAYMENT, DELIVERY, AND REFERRALS</strong>
<p> In these Terms, "total amount paid" means the amount collected from the User which includes the purchase price together with any amount donated to charity plus any applicable taxes and "purchase price" means the price of the Product plus any applicable taxes, and HB 'tip' where applicable.
<u>(a) Pricing of Products.</u> Your purchase price will include the price of the Product plus any applicable taxes in effect on the time of purchase, and based on country data you provide on your download page.
Humble Bundle reserves the right to change prices and availability of Products at any time.
If you are not located in either the US or the EU your purchase price will be the full amount of the price posted and failure on Humble Bundle's part to invoice you for any applicable taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Service.
<u>(b) Orders.</u> Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
Humble Bundle reserves the right at any time after receipt of your order to accept or decline your order for any reason.
We may require additional verification or information before accepting any order.
<u>(c) Payment for Products.</u> The Service uses PayPal, and other payment providers as may be indicated on the purchase page.
You agree to pay for all Products you purchase through the Service, and that Humble Bundle may charge your chosen payment method (such as PayPal, Amazon Payments, or a deduction from your Humble Wallet) for any Products purchased, and for any additional amounts (including any taxes, late fees, and any amounts donated to charity as applicable) as may be accrued by or in connection with your account.
All fees will be billed to the payment method you designate during the checkout process.
Billing to your selected payment method occurs at the time of purchase.
If you use the services of an alternate payment method provider such as PayPal, you will be bound by that party's terms and conditions, which are available on that party's website.
You also may be required to create an account with such payment method provider and to provide that payment method provider with your credit card or other details.
Humble Bundle reserves the right to change the payment methods offered at any time.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.
You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
<u>(d) Humble Wallet.</u> You may elect to participate in Company's Humble Wallet service offering (the "Humble Wallet") to purchase certain Products.
Company grants you a limited license to acquire, use, and redeem the Humble Wallet service offering pursuant to the terms of this Agreement.
You may place funds in the Humble Wallet up to an amount to be designated by Company through one or more payment providers as further set forth in Section 2(c) above.
Currently, the maximum balance you may have in the Humble Wallet at any given time is the equivalent of $250.00 USD and the total amount of all transactions through the Humble Wallet per 24-hour period is equivalent to $2,000 USD.
There may be a delay between the time you place funds into the Humble Wallet and your ability to purchase Products with the Humble Wallet.
Any purchases made through the Humble Wallet are non-refundable, unless otherwise required by law.
To the extent that Company makes any changes to the balance caps or usage of the Humble Wallet, Company shall post such changes to this website.
Your use of the Service thirty (30) days following the date such changes go into effect constitutes your acceptance of those changes.
Should you not agree to such proposed changes, your only remedy is to cease your use of the Service.
Any balance in the Humble Wallet is strictly non-refundable and non-transferrable, unless otherwise required by law, and no Humble Wallet balances are insured by the Federal Deposit Insurance Corporation (FDIC).
Additionally, any balance in the Humble Wallet does not constitute personal property, has no cash value outside of the Service.
Company shall not send you any statements with regard to transactions made through your Humble Wallet.
You are responsible for verifying your Humble Wallet balance and reviewing purchases made through the Service.
To check your Humble Wallet balance, go to humblebundle.com/user/wallet and enter your account information.
Any Humble Wallet balances that are deemed unclaimed property may be turned over to the applicable governmental authority.
Not all Products or other aspects of the Service are for purchase through the Humble Wallet.
You are responsible for confirming that the particular Products you wish to purchase are purchasable with the Humble Wallet prior to placing funds into the Humble Wallet.
<u>(e) Humble Choice Subscription.</u> The Humble Choice subscription is a series of Products based on available plans and provided as a monthly subscription.
If you have subscribed to a Humble Choice subscription plan and have provided us with your payment information, you authorize us to charge you a monthly membership fee at the then current subscription rate for the Humble Choice plan you have selected.
You acknowledge that the Humble Choice subscription plan terms and rates for each available plan are subject to change and you agree to pay the applicable subscription rate unless you cancel the subscription, as described in this section.
We will notify Humble Choice subscribers of any price changes to their selected plan and any material changes in subscription terms via email prior to implementing the change.
Humble Choice subscription plan information is located at: https://www.humblebundle.com/subscription </p>
<b> We will automatically charge the applicable Humble Choice subscription fee to your selected payment method within seven (7) days from the closest business day to the date on which that month's Humble Choice bundle availability ends.
</b> The Humble Choice bundle is typically distributed on the first Friday of every month.
however, this date may be subject to change at our discretion from time to time.
We have the right to change your payment method provided and the date on which your billing cycle occurs.
An example of when we may do so is if we cannot successfully settle your account with the original payment method you provided.
You are responsible for all charges to your account, including any unpaid charges that occurred prior to the date you cancel your account.
<b> By subscribing to a Humble Choice subscription plan, you hereby request that the Products are delivered or made available for download to you before the expiry of any applicable cancellation period, and you acknowledge that you will lose your right to change your mind and request a refund once the first Product has been made available to you as part of your selected Humble Choice subscription plan.
<p> From time to time, Humble may run a limited time promotion to receive a discounted or free month of Humble Choice.
New and active subscribers may be eligible.
Promotions cannot be combined with any other discount or offer.
Limit one per customer.
If you redeem the discounted or free month of Humble Choice, you will be billed that amount for the month in which you redeem such discounted or free month.
Going forward, you will automatically be billed the full price depending on the promotion used and the tier of Humble Choice you select unless you pause or cancel your subscription.
Humble will send an e-mail reminder before your subscription renews.
Some exclusions may apply.
You acknowledge and agree that any such discounting pricing may be subject to change or terminated at any time in Humble's sole discretion.
<p> Humble Choice active subscribers may be eligible for certain discounts on Humble Store purchases, as displayed in the Humble Store.
The discount is only available to active subscribers and expires when a user unsubscribes or pauses their subscription.
Some exclusions may apply.
You acknowledge and agree that any such discounting pricing may be subject to change or terminated at any time in Humble's sole discretion.
<p> You may cancel your subscription to Humble Choice by going to the Humble Bundle website at www.humblebundle.com, logging into your account and clicking on "Manage My Subscription" through the account settings page.
To prevent being charged for Humble Choice for a given calendar month, you must cancel your subscription at least seven (7) days prior to the next upcoming Humble Choice bundle distribution.
For example, if the Humble Choice bundle distribution is to occur on March 8, then you must cancel prior to March 1 to ensure that you are not charged for the month of March.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
<p> NOTE: Humble Monthly subscribers active as of December 6, 2019 at 10:00 am Pacific time will automatically be transferred to the Humble Choice Classic plan.
More information is available here: https://support.humblebundle.com/hc/articles/360036658733 </p>
<u>(f) Charitable Sales Promotions.</u> Under the terms of its charitable sales promotions, Humble Bundle will remit all funds designated for a particular charity, less any applicable taxes, purchaser refunds/credits, and processing fees in accordance with the instructions of the customer.
There are no minimum or maximum amounts which Humble Bundle will remit to a particular charity under the terms of its charitable sales promotions.
Humble Bundle will not have use of the funds which are designated for a charity by the customer.
Humble Bundle typically makes donations to donor-directed funds like PayPal Giving Fund, with a corresponding recommendation that they regrant the funds to the charity designated by the customer.
The fund will make every effort to grant the funds to the designated charity but, like all donor-directed funds, retains ultimate discretion and control over the use of the donations it receives from Humble Bundle, and may redirect funds to a similar qualifying charitable organization if it is unable to follow the recommendation.
You will not be entitled to a tax deduction for contributions made by Humble Bundle to any charity or donor-directed fund.
<u>(g) Bundles.</u> The Humble Bundle "Bundle" offering allows you to determine the price that you will pay for a bundle of various Products offered during a given time by Humble Bundle (each, a "Bundle").
Each Bundle has various suggested prices for groupings of Products.
If you want to pay a different amount from one of the recommended prices, you may do so by clicking on the "Custom Amount" button and entering the price you wish to pay for the particular Bundle.
Additional Products may be included in a Bundle if you pay over a certain price as designated for that Bundle.
If the custom amount you set is less than the required price to receive these additional Products, those Products will not be included in the Bundle you purchase.
You may determine what portion of the total amount paid for a Bundle is attributed to (i) the rights holders of the Bundle Products.
(ii) various charities as presented through the Bundle.
and (iii) Humble Bundle as a tip for making the Service available.
To designate how you wish for your total amount paid to be split, click on the "Choose where your money goes" icon and then adjust the sliders to the positions you choose.
If you do not adjust the sliders, then the amount you pay will be split according to the defaults set by Humble Bundle.
Note that (A) the tip paid to Humble Bundle and (B) the amount to be paid to the various charities, are both optional.
should you wish not to provide a tip or not to pay any amount to a charity, you may set the respective slider to $0.00.
<u>(h) Electronic Signatures and Contracts.</u> Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
These Terms do not confer any rights or remedies upon any person other than you or Humble Bundle.
You may also have additional rights under applicable law.
<u>(i) Delivery of Products.</u> On occasion, technical problems may delay, interrupt or prevent the download or activation of your Product.
Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be either replacement of such Product, store credit or refund, as determined by Humble Bundle in its sole discretion.
Humble Bundle shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond its control, including your computer's performance and the speed of your internet connection.
In some cases certain Products may be games that are still in development.
You understand that in some instances Product release dates may be delayed and that release dates and times posted on the Service are only estimates, and you will not be entitled to any refund for a delayed product release date.
Our obligation to deliver any Product to you shall be complete at the time when and place where you first receive the information necessary to commence downloading such Product.
In all circumstances it is your responsibility to ensure that the Product is correctly and completely installed on your computer.
Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged or destroyed, and Humble Bundle shall be without liability to you in the event of any loss, damage or destruction.
Humble Bundle encourages all its users to appropriately back up the Product files and any other elements associated with the Products.
<u>(j) No Ongoing Obligations.</u> Notwithstanding any other provision of these Terms, Humble Bundle and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice.
You acknowledge that some aspects of the Service, Products, and administering of our usage rules entails the ongoing involvement of Humble Bundle.
Accordingly, in the event that Humble Bundle changes any part of the Service or discontinues the Service, which Humble Bundle may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Humble Bundle shall have no liability to you in such case.
You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any Product (although Humble Bundle may offer such updates, versions or enhancements at its sole discretion).
The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
<u>(k) Refer A Friend.</u> You may refer friends to subscribe to Humble Choice by sending them a link available on your settings page at https://www.humblebundle.com/user/settings.
Humble Bundle may provide you, at its discretion, with a reward for each friend you refer to us who subscribes to Humble Choice.
To the extent that Humble Bundle is offering rewards for referrals, the current reward is displayed on your settings page.
The maximum number of rewards for referrals is set at Humble Bundle's discretion and indicated on your setting page.
You will be able to see the number of rewards that you have received on your settings page.
Humble Bundle may suspend or terminate the Refer A Friend Beta at any time at its sole and absolute discretion.
<u>(a) Assistance with Orders.</u> For assistance with billing questions or other order inquiries, please contact us at https://support.humblebundle.com.
If you cannot find the answers you are seeking in our knowledge base, you can send us an email from that page.
<u>(b) Refund Policy.</u> Certain restrictions apply to sales of Products sold through the Service that might not otherwise apply to physical goods.
Refunds will not necessarily be issued due to your dissatisfaction with the Product or if your computer does not meet the minimum Product requirements.
If you feel you qualify for a refund, please contact Customer Service.
Refunds will be issued solely at Humble Bundle's discretion.
Two months after a purchase, it is no longer possible for us to issue refunds on payment processors like PayPal.
So please contact as soon as possible.
TERM AND TERMINATION</strong>
<u>(a) Termination by Humble Bundle.</u> If you fail, or Humble Bundle, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of these Terms, including but not limited to failure to make payment of fees due, failure to provide Humble Bundle with a valid payment method, failure to safeguard your download page, or violation of our usage rules or any license to the software, Humble Bundle, at its sole discretion, without notice to you may: (i) terminate these Terms and/or your download page, and you will remain liable for all amounts due up to and including the date of termination.
and/or (ii) terminate the license to the software.
and/or (iii) preclude access to the Service (or any part thereof).
No such termination by Humble Bundle shall limit any other rights Humble Bundle may have in law or at equity.
<u>(b) Termination by You.</u> You may terminate these Terms by discontinuing all use of the Service and providing notice of such to Humble Bundle.
Humble Bundle reserves the right to collect fees, surcharges or costs incurred prior to such termination.
You will also remain liable for any charges incurred to your payment providers prior to such termination.
You understand and agree that any termination by you or Humble Bundle will result in your permanent inability to access your Humble Wallet, your download page and to download any Products associated therewith, and you will forfeit any right to any Products not already in your possession and any balance in your Humble Wallet.
<u>(c) Survival of Terms.</u> Notwithstanding any termination or expiration of these Terms, the terms of Sections 2(h), 2(j), 4(c), 5, 6, 8 and 9 will survive, along with any other terms which by their nature are intended to survive.
DISCLAIMER OF WARRANTIES.
<u>(a) Disclaimer of Warranties.</u> HUMBLE BUNDLE AND ITS LICENSORS DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME HUMBLE BUNDLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
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 HUMBLE BUNDLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND HUMBLE BUNDLE AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
<u>(b) Liability Limitations.</u> IN NO CASE SHALL HUMBLE BUNDLE, AND ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "HUMBLE BUNDLE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HUMBLE BUNDLE PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN LIMITATIONS OF LIABILITY, INCLUDING FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE HUMBLE BUNDLE PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
<u>(c) Indemnity.</u> By using the Service, you agree to indemnify and hold Humble Bundle, its affiliates, and licensors, and their respective directors, officers, shareholders, employees and agents, harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) arising out of the actual or alleged breach of these Terms by you or through your download page or your use or access of the Service.
You shall use your best efforts to cooperate with us in the defense of any claim.
We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
NEW JERSEY RESIDENTS</strong>
<p> If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Section 5 (and with respect to 5(c), insofar as any claims may arise from, or relate to, consumer protection or fraud and/or misrepresentation, or result in attorney's fees) does not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence.
Subject to the foregoing, Humble Bundle, third party providers, and their respective agents reserve all rights, defenses, and permissible limitations under New Jersey law.
Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial in Section 9(i).
<p> Nothing in these Terms (including Section 5) limits, excludes or modifies any rights you may have under any law, including under the Australian Consumer Law (the "ACL") and consumer guarantees under the ACL, which may not be limited, excluded or modified by agreement (including where such exclusion, restriction or modification would be illegal or void under such law).
NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT</strong>
<p> If you are a copyright owner or agent thereof and believe that content posted on this website or through the Service infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C.
§ 512(c)) to our Copyright Agent with the following information: </p>
<p> (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
<br> (b) a description of the copyrighted work that you claim has been infringed.
<br> (c) the URL of the location on our website or the Service containing the material that you claim is infringing.
<br> (d) your address, telephone number, and email address.
<br> (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
and <br> (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached by mail at Stephen Hicks, Ziff Davis, LLC at 114 5th Avenue, New York, NY 10011, fax: (212) 503-5136, or by email at ZDLegal1@ziffdavis.com.
Please note that attachments cannot be accepted at the email address for security reasons.
Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
<p> If materials you have posted on the Service have been removed due to alleged infringement of a third party's intellectual property rights, we will notify you.
If you believe your materials have been wrongly removed, you may file a counter-notification containing the following: </p>
<p> (a) an electronic or physical signature of the person authorized to act on your behalf.
<br> (b) a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled.
<br> (c) a written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
and <br> (d) your address, telephone number, and email address.
and <br> (e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
<p> Upon our receipt of such counter-notice, we will provide the complainant with your contact information so that you have the ability to resolve the issue.
Please note that when we forward the counter-notification, it includes your personal information.
If you are concerned about protecting your anonymity, please consult with an attorney about other options.
If the matter has been resolved or the complainant does not seek a court order within the statutory time period, we generally will re-post the material.
<p> Humble Bundle reserves the right to remove any materials or content alleged to be infringing without prior notice, in Humble Bundle's sole discretion, and without liability to you.
<p> In appropriate circumstances, we will also terminate your account if you are determined to be a repeat infringer.
<strong>Any person who knowingly misrepresents that material is infringing or that material was removed or disabled by mistake or misidentification may be subject to liability.</strong>
OTHER LEGAL TERMS</strong>
<u>(a) Changes.</u> Humble Bundle reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service or Products.
If we amend these Terms, we will post the amended version of these Terms on the Site.
If a material change is made to these Terms, then Humble Bundle will post a notice on humblebundle.com.
You understand and agree that you will be deemed to have accepted the amended Terms if you use the Service after any such change.
If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service.
No Humble Bundle employee or agent has the authority to vary any of the Service's policies or these Terms governing any sale.
<u>(b) Enforcement of These Terms.</u> Humble Bundle reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Humble Bundle's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
<u>(c) No Responsibility for Third-Party Materials or Web sites.</u> Certain content, Products, and services available via the Service may include materials from third parties.
In addition, Humble Bundle may provide links to certain third party websites.
You acknowledge and agree that Humble Bundle is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites.
Humble Bundle does not warrant or endorse and does not assume 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.
Links to other websites are provided solely as a convenience to you.
<u>(d) Intellectual Property Notice.</u> You agree that the Service (along with all text, code, graphics, sounds, screen shots, video clips, data, demos and content therein) and the Products are owned by Humble Bundle and/or its licensors, contain proprietary information and intellectual property rights that are owned by Humble Bundle and/or its licensors, and are protected by applicable U.S.
and international intellectual property and other laws and conventions, including but not limited to copyright and trademark, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reproduce, modify, reverse engineer, derive source code, disassemble, decompile, create derivative works based on, or remove any proprietary notices from any software required for use of the Service or any Product, or to violate any agreement applicable to the use of such software, without the prior written consent of Humble Bundle or its applicable licensors.
All rights to such information in and to such intellectual property rights not expressly granted to you are reserved by Humble Bundle and/or its licensors.
You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
All copyrights in and to the Service, including but not limited to, the Humble Bundle Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Humble Bundle and/or its licensors.
Humble Bundle, the Humble Bundle logo, and other Humble Bundle trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Humble Bundle in the U.S.
and/or other countries.
Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners.
You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
<p> THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.
<u>(e) Submissions.</u> You may choose to, and we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas").
By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by acceptance of your submission, Humble Bundle does not waive any rights to use similar or related ideas previously known to Humble Bundle, or developed by its employees, or obtained from sources other than you.
<u>(f) Export Control.</u> You agree to abide by U.S.
and other applicable export control laws and sanctions requirements and not to transfer, by electronic transmission or otherwise, any Product or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
<u>(g) Notices.</u> Humble Bundle may send you notice with respect to the Service by sending an email message to the email address you provide during your purchase, or by a posting on the Service.
Notices shall become effective immediately.
Humble Bundle's main offices are located at: </p>
<p> HUMBLE BUNDLE, INC.
<br> 160 Spear St, Suite 1000 <br> San Francisco, CA 94105 </p>
<u>(h) Governing Law.</u> The Service is controlled and operated by Humble Bundle from its offices in the United States.
These Terms shall be governed by U.S.
Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in San Francisco, California, U.S.A.
in all disputes arising out of or relating to the Service.
Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
<u>(i) ARBITRATION NOTICE:</u> For any claim (excluding claims for injunctive or other equitable relief) under this Agreement, the party requesting relief shall resolve the dispute through binding arbitration or through small claims courts.
If arbitration is selected, the arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures (collectively, "JAMS Rules"), as modified by these Terms, and will be administered by JAMS.
The arbitrator is bound by these Terms.
Unless you and we agree otherwise, any arbitration hearings will take place in the City and County of San Francisco, California.
If the claim being arbitrated is less than $10,000, then the party filing the arbitration may choose to have the arbitration conducted by telephone, online, and/or be solely based on written submissions.
A hearing will be established according to the JAMS Rules for claims in excess of $10,000.
<p> YOU AND HUMBLE BUNDLE AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES.
(B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL.
AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
<p> You may opt out of this agreement to arbitrate.
If you opt out in accordance with this Section, neither you nor Ziff Davis can require the other to participate in an arbitration proceeding.
To opt out, you must notify Ziff Davis in writing within thirty (30) days of the date that you first became subject to this arbitration provision.
You must use this address to opt out: </p>
<p> Ziff Davis, LLC<br> ATTN: LEGAL: Arbitration Opt Out<br> 114 5th Avenue<br> New York, NY 10011<br>
<p> You must include your name and residence address, the email address that you use for your Humble Bundle account, and a clear statement that you want to opt out of this arbitration agreement.
<u>(j) Third Party Beneficiaries.</u> You acknowledge and agree that to the extent you purchase a software Product through the Service which does not have a separate end user license agreement, the licensor of that Product is a third party beneficiary with respect to these Terms with full power and authority to enforce the provisions of these Terms with regard to that licensor's Product.
Section 5 of these Terms shall apply to each licensor as if that licensor directly made those disclaimers and limitations of liability.
<u>(k) Miscellaneous.</u> This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Humble Bundle without restriction.
Any attempted transfer or assignment in violation hereof shall be null and void.
The Agreement constitutes the entire agreement between you and Humble Bundle and governs your use of the Service, superseding any prior agreements between you and Humble Bundle You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Humble Bundle's failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms.
Humble Bundle will not be responsible for failures to fulfill any obligations due to causes beyond its control.