Hatch Baby, Inc. Terms of Service ("Agreement")
This Agreement was last modified on June 20, 2015.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully as they govern your access to and use of our services (our "Services"). This agreement constitutes a legal agreement between Hatch Baby, Inc. ("us", "we", or "our") and you ("you").
This Agreement takes effect when you access or use our Services in any manner, including using our apps, purchasing our products or visiting or browsing our sites or Services (the "Effective Date"). You agree to be bound by these Terms of Service.
1. Use of our Services
You may access and use our Services in accordance with this Agreement. While using our Services, you will adhere to all laws, rules, and regulations applicable to your use of our Services.
2. Intellectual Property
Our Services and their original content, source code, features and functionality are owned by Hatch Baby, Inc. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The payment terms for purchase of Products and Services shall be as stated on our website. Unless otherwise stated on our website, we collect payment via credit card for Products at the time of the order and ship Products within 30 days after the date we accept your order and collect payment via credit card.
4. Data Security
We will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of our Services and your Content.
We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion and without notice. Upon any termination of this Agreement all of your rights under this Agreement immediately terminate and you remain responsible for all fees and charges you have incurred through the date of termination.
6. Limited License
We own and reserve all right, title, and interest in and to our Services. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use our Services solely in accordance with this Agreement. Except as provided in this Section 6, you obtain no rights under this Agreement from us or our licensors to our Services, including any related intellectual property rights.
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your or any End Users’ use of our Services; (b) breach of this Agreement or violation of applicable law by you or any End User; (c) Your Content, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and any End User. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
8. Warranty Disclaimer
OUR SERVICES ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING OUR SERVICES, INCLUDING ANY WARRANTY THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
9. Limitations of Liability
WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE OUR SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF OUR SERVICE OFFERINGS, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF OUR SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS
10. Changes To This Agreement
We may modify this Agreement at any time by posting a revised version on the Hatch Baby website or by sending you an email message. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use our Services after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the Hatch Baby website regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the beginning of this Agreement.
11.1. Governing Law
This Agreement will be governed and construed in accordance with the laws of California, United States, without giving effect to any principles of conflicts of law.
Neither Party may assign, sublicense, delegate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may, without the consent of the other Party, assign this Agreement to an entity merging with, consolidating with, or purchasing substantially all its assets or stock, provided that the assignee will assume all rights and obligations under this Agreement. Any permitted assignment of this Agreement will be binding upon and enforceable by and against the Parties’ successors and assigns, provided that any unauthorized assignment will be null and void and constitute a breach of this Agreement.
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain in full force and effect and the affected provision will be amended to make it legal and enforceable while preserving its intent.