Hatch Terms of Service

September 2018

 

These Terms (“Terms”) govern your use of Hatch’s application, 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.

Your use of the Service is also governed by Our Privacy Policy available at https://playhatch.com/helplist/2017/1/18/privacy-policy, which is incorporated by reference.

By using the Services, you represent that you are 13 years of age or older. If you are between the ages of 13 and 17 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.

RIGHT TO USE.

Subject to your agreement and compliance with these Terms, and any other relevant Hatch policies, 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:

  • Do not use the Service if you do not meet the abovementioned age requirements.

  • Do not, or attempt to, distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Services or your Profile, any copies thereof, or any sign-in details or usernames of Service, or create an Profile using a false identity or information, or on behalf of someone other than yourself.

  • Do not use the Service if you have previously been removed from the Service by Hatch.

  • Use the Service only for non-commercial purposes. So, for example, do not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

 

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 now 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.

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:

(i)  Use the Service in violation of any applicable law or regulation.

(ii)  Use the Service for commercial purposes, including, but not limited to, advertising, solicitation, transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.

(iii)  Use the Service for fraudulent or abusive purposes including, but not limited to, using the Service to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Service.

(iv) Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.

(v) Disrupt, overburden, or aid or assist in the disruption or overburdening of any computers or servers used to offer or support the Services.

(vi) Attempt to gain unauthorized access to the Services, to profiles registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Hatch, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Service.

(vii) Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.

(viii) Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.

(ix)  Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Hatch employees, directors, officers, and customer service representatives.

(x)   Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a Hatch employee, director or officer.

(xi)   Solicit or attempt to solicit sign-in information or personal information from other users of the Services.

(xii)   Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.

(xiii)   Reverse engineer, decompile, disassemble, decipher, translate, prepare derivative works based on or otherwise modify or copy the Services, in whole or in part, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any content in the Service; or to obtain any information from the Service or any game therein by using any method not expressly permitted by Hatch.

(xiv)   Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;

(xv)    Engage in any act that Hatch deems to be in conflict with the spirit or intent of the Service or make improper use of Our support services.

(xvi)   Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.

IF IN BREACH.

If We believe you to be in breach of these Terms or to infringe intellectual property rights of third-parties, We may with or without notice to you:

(i)  delete, suspend and/or modify your Profile or parts of your Profile;

(ii) limit, suspend and/or terminate your access to the Service; and/or

(iii) reset and/or modify any Service or game progression or benefits and privileges associated with you, such as any level or score you have reached in the Service, or access to content submitted by you.

We thereby reserve the right to stop offering and/or supporting the Service or a part thereof – for example a certain game – at any time, thereby automatically terminating your license to use the Service or a part thereof.

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.

 

WHO OWNS WHAT.

Our rights. 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.

User Content. 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  

(a)   is accurate;

(b)  is not confidential or misleading;

(c)   is not violating any laws, contractual restrictions or other third-party rights, and that you have permission from any third party, whose personal information or intellectual property the User Content is; and

(d)  is free of viruses, adware, spyware, worms or other malicious code.

In addition, you acknowledge and agree that any of your personal information within such User Content will at all times be processed by Us in accordance with Our Privacy Policy.

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.

No Big Brothering. 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 however, if We so choose, 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 should also 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.

Socializing. 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.

 

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.

 

LIMITED LIABILITY.

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.

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 WTH 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.

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.

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 must be resolved exclusively by a court located in Helsinki, Finland.

If the jurisdiction of your domicile prohibits Hatch from enforcing the governing law provision, nothing in these Terms limits your rights based on the laws governing your domicile.

Where Hatch elects not to insist upon enforcing its rights in line with these Terms, it is not 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.

If you are a United States resident or otherwise make any claim against Hatch in the United States, you expressly agree that any legal claim, dispute or other controversy between you and Hatch arising out of or otherwise relating in any way to Services, including controversies relating to the applicability, enforceability or validity of any provision of these Terms or Hatch´s Privacy Policy (collectively "Disputes"), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association ("AAA"), rather than in a court, as described herein. The arbitration will be governed by the AAA's commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively "Rules and Procedures"). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.

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:

  1. A violation of Hatch’s intellectual property rights in any manner;

  2. Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of conduct” of these Terms; and

  3. Any claim for equitable relief;

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.

We may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms or the Privacy Policy without Our prior written consent, and any unauthorized assignment and delegation by you is void.

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.

These Terms and the enclosed Privacy Policy set out the entire agreement between you and Hatch regarding the Services and supersede all earlier agreements and understandings between you and Hatch.

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 at legal@hatch.live.

© 2018 HATCH ENTERTAINMENT LTD. ALL RIGHTS RESERVED. 

HATCH IS A SUBSIDIARY OF ROVIO ENTERTAINMENT.

Privacy&TermsSara Salmi