Hatch Terms of Service
These Terms (“Terms”) govern your use of Hatch’s application and the content therein, website, and related services, as updated and/or upgraded (together “Service” or “Services”).
BY USING OUR SERVICE, YOU ACCEPT THESE TERMS AND ENTER INTO AN AGREEMENT UNDER THESE TERMS
with Hatch Entertainment Ltd,
a Finnish company (business ID 2747414-2)
with registered office at Keilaranta 19,
02150 Espoo, Finland (“Hatch”, “We”, “Us”, “Our”).
DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS, AS THE LICENSE TO USE THE SERVICE TERMINATES IMMEDIATELY THEREUPON. USE OF THE SERVICE IS VOID WHERE PROHIBITED. THE SERVICE IS LICENSED, NOT SOLD.
By using the Services, you represent that you are 13 years of age or older. If you are under the age of 13, you are not permitted to register with Hatch or provide your personal information to Hatch. If you are older than 13 but younger than 18 (or under the applicable age of majority in your state or territory of residence) or otherwise do not have the authority to enter into agreements such as these Terms, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these Terms and you have the consent of your parent or legal guardian to use the Services.
RIGHT TO USE.
Subject to your agreement and compliance with these Terms, Hatch hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access and use the Service for your personal non-commercial use for entertainment purposes. You understand and agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
USING THE SERVICE.
The Service may require an Internet connection to access the Service or its Internet-based features, to authenticate the Service, or perform other functions. In order for certain features of the Services to operate properly, you may be required to have and maintain (a) an adequate Internet connection. By using the Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Services or certain features of the Services may not operate or may cease to function properly, either in whole or in part.
The Service may be used anonymously, but if you wish to use all the features and/or content, you may be required to create and sign-in to a profile (“Profile”). You may need a phone number or a third-party service to register and/or sign in to your Profile. Do not jeopardize the security of the Service. Let us know without delay if you know or suspect any unauthorized use of your Profile. You are responsible for anything that happens through your Profile.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Do not use the Service against the license restrictions specified below, as such actions are strictly prohibited and may result in us revoking your limited license and in your liability for violations of law.
If you wish to keep the license granted hereunder, DO NOT, under any circumstances:
IF IN BREACH.
If you are in breach, or we have founded reason to believe so, of these Terms or to infringe intellectual property rights of third-parties, We may with notice to you:
WHEN YOU WISH TO TERMINATE.
You may terminate the Service at any time and for any reason by deleting your Profile by opening the application menu and going to Settings and Delete profile.
THE WORLD CHANGES – SO DOES HATCH.
We hope to constantly improve our Service to keep up with the ever-developing world, and therefore reserve the right to modify, add, and remove features and functionalities of the Service. With such changes we aim at, for example, to provide you with a better Service, or to adjust it to changes in the market or regulations.
We reserve the right to stop offering and/or supporting the Service or a part thereof, or for example a particular game in the Service at any time, at which point your license to use the Service or the part thereof will be automatically terminated. In such event, we are not required to provide refunds, benefits or other compensation to users in connection with such discontinued Service or game.
EVERYONE NEEDS A BIT OF HELP – THIRD PARTY SERVICES.
Services may include links to third-party services and/or the third-party services may be made available to you via the Service. Such third-party services may include, but are not limited to payment services, gameplay recording and sharing, social medial connectivity and the like. These services are subject to respective third-party terms and conditions. Please study these third-party terms and conditions carefully as they constitute an agreement between you and the applicable third-party service provider. Hatch takes no responsibility for and does not endorse any third party services, advertisements or any material posted on any third party services where the Services are available, nor do we take any responsibility for the products or services provided by third parties.
WHO OWNS WHAT?
We or our partners retain all right, title and interest in and to the Services and the games and profiles therein, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Our prior written consent. We therefore reserve all rights not expressly granted to you herein.
By “User Content” We mean any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit, such as any chat text.
When you transmit or submit any User Content in or through the Service, you affirm, represent and warrant that such transmission or submission
In exchange for use of the Services, you hereby grant Us a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Content in any way and for any purpose including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Content without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Our and other users’ use and enjoyment of your User Content in connection with the Services under applicable law. This grant of license to Us, and the foregoing waiver of any applicable moral rights, survives any termination of these Terms.
User Content Screening.
We do not, and cannot, pre-screen or monitor all User Content, and therefore cannot assume any responsibility for the conduct of any user or for monitoring the Service for inappropriate content or conduct. Hence, your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use and viewing of any User Content available in connection with the Service.
We may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any User Content within the Services, including, but not limited to, chat text or voice communications]. We reserve the right at our sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. We nonetheless do not assume any responsibility for User Content, and We assume no obligation to modify or remove any inappropriate User Content.
You acknowledge that when you submit User Content in or through the Service, We cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it in or through the Service. We take no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact in or through the Service. Should it happen so unfortunately that you run into a dispute with another user, We reserve the right, but have no obligation, to become involved in any way with such dispute. In such event, you agree to fully cooperate with Us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Us access to any password-protected portions of your Profile.
If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Notice and Procedure for Claims of Copyright Infringement.
If you believe that any material provided through the Services, including through a link, infringes your copyright, you should notify Hatch of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Hatch receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Hatch’s copyright agent at firstname.lastname@example.org (subject line: “DMCA Takedown Request”). You may also contact us by mail:
Attention: Copyright Agent/Legal
Hatch Entertainment Ltd.
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable Hatch to identify and locate the material; (iv) how Hatch can contact you, such as your address, telephone number, and email address; (v) 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 (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to email@example.com for purposes other than communication about copyright infringement may not be answered.
Hatch has a policy of terminating repeat infringers in appropriate circumstances.
HATCH IS HATCH – WARRANTY DISCLAIMER.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. HATCH, HATCH’S LICENSORS AND PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HATCH, HATCH’S LICENSORS AND PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER HATCH SERVICES OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY HATCH, HATCH’S LICENSORS AND PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL HATCH, HATCH’S LICENSORS OR PARTNERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES , LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT HATCH, HATCH’S LICENSORS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, HATCH’S LICENSORS AND PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THESE TERMS AGAINST YOU.
THESES LIMITATIONS OF LIABILITY ARE NOT APPLICABLE TO LIABILITY FOR DEATH, PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION].
IN NO EVENT SHALL HATCH’S, HATCH’S LICENSORS’ OR PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SERVICES IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HATCH DURING SUCH TIME PERIOD, YOUR SOLE REMEDY, AND HATCH’S EXCLUSIVE LIABILITY, FOR ANY DISPUTE WITH HATCH IS TO STOP USING THE SERVICE AND TO CANCEL YOUR PROFILE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HATCH AND RECEIVED THROUGH OR ADVERTISED ON THE HATCH SERVICES.
You agree to indemnify, defend and hold Hatch, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any claim, demand, damages or other losses, including reasonable attorney’s fees, asserted by any third-party resulting from or arising directly or indirectly from your negligent or intentional use of the Services, or any breach by you of these Terms.
LET’S NOT FIGHT, BUT SHOULD THE UNFORTUNATE HAPPEN – GOVERNING LAW AND DISPUTE RESOLUTION.
If you are a United States resident, these Terms are governed by the laws of the State of New York and applicable federal laws regardless of conflict of law provisions. In addition to this clause the clause on binding arbitration and class waiver applies to US residents.
If you are a resident outside the United States, you agree that all disputes between you and Hatch shall be governed by the laws of Finland, regardless of conflict of law provisions. You agree that any claim or dispute you may file against Hatch may be resolved by a court located in Helsinki, Finland.
If the laws of the country in which you live prohibit Hatch from enforcing these governing law provisions, nothing in these Terms will limit your rights based on your local governing laws. In addition, nothing in these Terms will prevent you from starting legal proceedings in the local courts of your home country.
Where Hatch elects not to insist upon enforcing its rights in line with these Terms, this shall not be interpreted as a waiver of Hatch’s right to enforce the same in the future.
In the event that you are a consumer residing in the EU, and a conflict concerning these Terms cannot be resolved by you and Hatch in amicable negotiations, you may also resort to your local national dispute resolution body for consumer disputes. You may find the full list of competent dispute resolution bodies in your jurisdiction here: https://webgate.ec.europa.eu/odr. Alternatively, you may also use the Online Dispute Resolution Platform available here: http://ec.europa.eu/odr for resolving a consumer dispute.
Binding arbitration / Class waiver
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case We will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration may be conducted in New York, New York or, upon your request, in the city closest to your location where AAA maintains an office. The arbitrator’s award shall be final and binding on you and Us and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
As an exception to the binding arbitration rule, to the extent the Dispute arises from:
then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
To the extent permissible under applicable law, all Disputes are resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and Hatch agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.
You may opt out of this obligation to arbitrate. If you do so, neither you nor We can require the other to participate in an arbitration proceeding. To opt out, you must notify Us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: Hatch Entertainment Ltd., ATTN: Legal Department, Keilaranta 19, 02150 Espoo, Finland. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.
To begin an arbitration proceeding, you must send a letter to: Hatch Entertainment Ltd., ATTN: Legal Department, Keilaranta 19, 02150 Espoo, Finland requesting arbitration and describing your claim.
Hatch will provide 30-days’ notice of any changes to this Section “Binding arbitration/ Class waiver” through the Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.
THE FINAL THINGS.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
We will not be liable for any delay or failure to meet the obligations under these Terms resulting from causes outside of Our reasonable control. Such events include without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Our control, such as, Internet outage, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
ANY QUESTIONS? CONCERNS?
Should you have any questions or concerns concerning these Terms, please contact us firstname.lastname@example.org.
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