Last modified on December 24, 2024 and effective on December 24, 2024.
HUMBLE BUNDLE, INC. IS A DELAWARE CORPORATION WITH AN OFFICE AT 163 FREELON ST, SAN FRANCISCO, CA 94107 ("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. YOUR PURCHASE AND USE OF SOFTWARE, PRODUCTS, AND SERVICES THROUGH HUMBLEBUNDLE.COM AND HUMBLE BUNDLE'S MOBILE APPLICATION (COLLECTIVELY, THE "SERVICE") IS GOVERNED BY THESE TERMS OF SERVICE ("TERMS"), WHICH HEREBY INCORPORATE BY REFERENCE THE HUMBLE BUNDLE PRIVACY POLICY (TOGETHER WITH ANY UPDATES OR ADDITIONAL TERMS, THE TERMS AND PRIVACY POLICY ARE COLLECTIVELY REFERRED TO HEREIN AS THE "AGREEMENT"). THE SERVICE MADE AVAILABLE IS LICENSED, NOT SOLD, TO YOU. WHEN YOU PURCHASE THE SERVICE THROUGH HUMBLEBUNDLE.COM AND HUMBLE BUNDLE'S MOBILE APPLICATION, YOU ARE PUCHASING A NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSSABLE, NON-COMMERCIAL LICENSE TO USE THAT SERVICE. ANY REFERENCE HEREIN TO PURCHASE OF THE SERVICE IN THE TERMS SHALL MEAN A LICENSE TO THE SERVICE. 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.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
SECTION 6 CONTAINS AN IMPORTANT NOTE TO NEW JERSEY CONSUMERS.
1. USE OF SERVICE
(a) Eligibility. 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 and any exposure to the content available on Humble Bundle. 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.
(b) Restrictions. 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.
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 OR VIOLATED ANY APPLICABLE LAW.
(c) Termination of Service or Access. We may, without prior notice and at our sole discretion, change the Service; stop facilitating the Service or features of the Service, to you or to users generally; suspend or terminate your account if it would be in the best interests of our community or our Services; 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 account, for any reason at any time upon our sole discretion, without any notice and liability, if you, including but not limited to: violate any provision of this Agreement; commit or are suspected of committing user fraud; resell or are suspected of reselling an account for profit; or violate or are suspected of violating any other applicable law . Upon termination for any reason or no reason, you continue to be bound by this Agreement. We may at our sole discretion re-instate a suspended account.
(d) Your Information. The Service is only for sales of products or product rights (collectively, "Products") to end user customers for their personal, non-commercial use. The personal information you submit to the Service is subject to Humble Bundle's Privacy Policy at humblebundle.com/privacy, which is expressly made part of these Terms. 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.
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.
(e) Objectionable Material. You understand and agree that by using the Service and Products, you may encounter content that may be deemed mature, offensive, sexually explicit, indecent, violent, or objectionable in other aspects. We state when a Product may not be appropriate for all ages, but the content may or may not be clearly identified as containing (including but not limited to) strong language, violence, mature, offensive, sexually explicit or adult subject matters. Your exposure to the aforementioned may be due to the content of the Products or your interactions with other users in the course of using the Products. You must be 18 years or older to purchase (whether separately or in a bundle) Products that contain mature content. You acknowledge that you are legally 18 years or older upon purchase of such 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, sexually explicit, indecent, violent, or objectionable in other aspects.
(f) Product Requirements. 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
2. PAYMENT AND DELIVERY
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.
(a) Pricing of Products. 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.
(b) Orders. 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.
(c) Payment for Products. 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.
(d) Humble Wallet. 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.
(e) Humble Choice Subscription. 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 members 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/membership
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. The Humble Choice bundle is typically distributed on the first Tuesday 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.
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.
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.
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.
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.
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
(f) Charitable Sales Promotions. 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.
(g) Bundles. 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.
(h) Electronic Signatures and Contracts. 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.
(i) Delivery of Products. 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. In some cases due to various reasons, a key may not be available to replenish and in such cases, Humble Bundle may offer the same game on a different platform (“Alternate Keys”) if this is a possibility. In cases where Alternate Keys are not available to replenish, Humble Bundle is not obligated to provide them. Keys, including Alternate Keys, for all games, whether bought in a Bundle, Humble Choice subscription, or individually, must be redeemed within 3 years from the purchase date. Humble Bundle shall not be obligated to provide any keys, including Alternate Keys, to games that are unredeemed within aforementioned timeframe and thus become expired. 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.
(j) No Ongoing Obligations. 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.
3. CUSTOMER SERVICE(a) Assistance with Orders. 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.
(b) Refund Policy. 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.
(c) Account Takeover Protection. All users should safeguard their username, password, and authentication information. If you suspect fraudulent activity on your account, please reach out to us at Humble Support for assistance to reset your password and revoke keys that were fraudulently claimed. Humble Bundle can restore legitimate purchased Products or Services from the last 14 days. If your account has been hacked and fraudulent purchases have been made, Humble Bundle may issue a refund within 60 days. Humble Bundle may, if possible, re-issue keys for the Products in the user's library if Humble Bundle has such Products in stock; to be clear, this is not a guarantee and out of Humble Bundle's good will. It is your responsibility to maintain and secure your Humble Bundle account.
4. TERM AND TERMINATION
(a) Termination by Humble Bundle. 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.
(b) Termination by You. 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.
(c) Survival of Terms. Notwithstanding any termination or expiration of these Terms, the terms of Sections 2(h), 2(j), 4(c), 5, 6, 8 and 10 will survive, along with any other terms which by their nature are intended to survive.
5. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY
(a) Disclaimer of Warranties. 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.
(b) Liability Limitations. 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.
(c) Indemnity. 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.
6. NEW JERSEY RESIDENTS
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 10(i).
7. AUSTRALIA RESIDENTS
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).
8. NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT
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:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the location on our website or the Service containing the material that you claim is infringing;
(d) your address, telephone number, and email address;
(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
(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.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please notify Legal Dept, Ziff Davis, LLC at 2231 S. Barrington Ave, Los Angeles, CA 90064 , fax: (212) 503-5136, or by email: [email protected] and insert "Terms of Use" in the subject line. Our Copyright Agent can be reached by mail at Legal Dept, Ziff Davis, LLC at 2231 S. Barrington Ave, Los Angeles, CA 90064 , fax: (212) 503-5136, or by email at [email protected]. If sending a notice by email, please insert "Terms of Use" in the subject line. 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.
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:
(a) an electronic or physical signature of the person authorized to act on your behalf;
(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;
(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
(d) your address, telephone number, and email address; and
(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.
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.
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.
In appropriate circumstances, we will also terminate your account if you are determined to be a repeat infringer.
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.
9. BETA PRODUCTS
From time to time, We may test new products and make them available to You (each, a “Beta Product”). As the Beta Product is still in a testing phase, it may contain errors. In addition to the disclaimers contained in these terms, You understand and agree that the applicable Beta Product is provided "AS IS" and "AS AVAILABLE." You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue the Beta Product (or any portion thereof) at any time and in our sole discretion, with or without notice to you.
Further, if requested by Us, during your trial of the Beta Product, you agree to provide suggestions, comments or ideas and report issues or problems related to your use of the Beta Product (collectively, the “Feedback”). You agree not to disclose any such Feedback to any third party and hereby assign to us all right, title and interest in and to any Feedback, without any right to compensation or other obligation from us.
During your trial of Beta Product you may have access to information disclosed by Us to You, or accessed or provided by You, relating to the Beta Product, including Your use thereof, the relationship contemplated herein, Feedback (the “Confidential Information”). You agree that you: (a) will not use any Confidential Information other than as necessary to use or test the Beta Product hereunder; (b) will maintain Confidential Information in strict confidence and will use the same degree of care to protect it as You use to protect Your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity. You will not make any public announcements related to the Beta Product without Our prior written approval, which We may grant or withhold in our sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information hereunder.
Notwithstanding (and in further limitation of) the liability cap in Section 5 of these TERMS, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ACCESS TO, TESTING OF OR USE OF THE BETA PRODUCT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). We may modify this Beta Product section at any time, and by continuing to access, test, or use the Beta Product after any modification to this section, you agree to be bound by them.
10. OTHER LEGAL TERMS
(a) Changes. 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.
(b) Enforcement of These Terms. 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).
(c) No Responsibility for Third-Party Materials or Web sites. 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.
(d) Intellectual Property Notice. 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.
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.
(e) Submissions. 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.
(f) Export Control. 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.
(g) Notices. 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:
HUMBLE BUNDLE, INC.
2231 S.Barrington Avenue
Los Angeles, CA 90064
(h) Governing Law. 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.
(i) ARBITRATION NOTICE:
In the unlikely event that you're not satisfied with customer service's solution, and you and Humble Bundle are unable to resolve a dispute through the Informal Dispute Resolution Procedures below, we each agree to resolve the dispute through binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this arbitration provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys' fees from us to the same extent as you would be in court.
ARBITRATION AGREEMENT
(i) Claims Subject to Arbitration : To the fullest extent permitted by applicable law, Humble Bundle and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to:
References to "Humble Bundle," "you," "we" and "us" in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries and affiliates (including Ziff Davis, Inc., Ziff Davis, LLC, Humble Bundle, Inc., and their affiliates); those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may elect to have claims heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. You agree that, by entering into this Agreement, you and we are each waiving the right to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision. This Arbitration Agreement shall survive termination of this Agreement.
(ii) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures : You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, a party who intends to initiate arbitration or file a claim in small claims court must first send to the other a written Notice of Dispute ("Notice"). A Notice from you to Humble Bundle must be emailed to [email protected] ("Notice Address").
Any Notice must include (i) the claimant's name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the Sites, including whether you have created an account with or receive any newsletters associated with any of the Sites; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute.
After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). If you are unable to participate in the settlement conference by video, you may attend telephonically upon showing of good cause or extraordinary circumstances warranting telephonic participation (e.g., inability to afford equipment or sufficient Wi-Fi due to indigent circumstances). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section 13(2). All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Humble Bundle have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. If the arbitration is already pending, it shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
(iii) Arbitration Procedure : The arbitration will be governed by applicable rules of National Arbitration & Mediation ("NAM") (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"), as modified by this Arbitration Agreement, and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at www.namadr.com, by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.
You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced in Section 13(2) and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues are for the arbitrator to decide, except as otherwise expressly provided herein. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers.
Unless we and you agree otherwise, or the applicable NAM Rules dictate otherwise, any arbitration hearings will take place in the county (or parish) of your billing address and you and a Humble Bundle representative will be required to attend in person. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision is binding only between you and Humble Bundle and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator's award that has been fully satisfied shall not be entered in any court.
As in court, you and Humble Bundle agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose.
The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys' fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)).
(iv) Arbitration Fees : The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
(v) Confidentiality : Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
(vi) Offer of Settlement : In any arbitration between you and Humble Bundle, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party's favor and is less than the defending party's settlement offer or if the award is in the defending party's favor, the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.
(vii) Requirement of Individualized Relief : The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated. You agree that any arbitrations between you and Humble Bundle will be subject to this Section 13 and not to any prior arbitration agreement you had with Humble Bundle, and, notwithstanding any provision in this Agreement to the contrary, you agree that this Section 13 amends any prior arbitration agreement you had with Humble Bundle, including with respect to claims that arose before this or any prior arbitration agreement.
(viii) Opt Out of Future Changes : Notwithstanding any provision to the contrary, if Humble Bundle makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending Humble Bundle an email to [email protected] within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) if applicable, the username or email address associated with any potential account or newsletter; (v) the relevant Site; and (vi) the approximate date of your initial use of the relevant Site. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to reject the change to the Arbitration Agreement. This is not an opt out of arbitration altogether.
(ix) Mass Filing : If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings ("Mass Filing") set forth in NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM's Mass Filing Rules," available at https://www.namadr.com/resources/rules-fees-forms/, you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Section 13(2), until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One : Counsel for the claimants and counsel for Humble Bundle shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Humble Bundle shall pay the mediator's fee.
Stage Two : If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Humble Bundle shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Humble Bundle shall pay the mediator's fee.
Stage Three : If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Humble Bundle shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge
Stage Four : If your claim is not resolved at this time, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with this Agreement.
You and Humble Bundle agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Humble Bundle acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
(x) Severability : If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
(j) CLASS ACTION AND JURY TRIAL WAIVER
You and Humble Bundle agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Humble Bundle may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Humble Bundle may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or Humble Bundle may participate in a class-wide settlement. To the fullest extent permitted by law, you and Humble Bundle waive any right to a jury trial.
(k) Third Party Beneficiaries. 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.
(l) Miscellaneous. 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.