HATCHING VOICES: OUR AMERICAN STORY campaign SUBMISSION TERMS
Thank you for supporting Hatch International’s Hatching Voices: Our American Story campaign. By clicking "Get Started" on the Share Your Story survey or by clicking "I Agree" on Question 1 of the Hatch Your Idea survey to continue participation, you agree that your statements, stories, photographs, video, audio and/or other recordings or media (Submissions) is subject to the following terms and conditions:
Hatching Voices Submission Terms
These Submission Terms are applicable to your participation in the Hatching Voices: Our American Story campaign (“Hatching Voices”), operated by or on behalf of Hatch International, Inc. ("Hatch" or "we", "us", or "our"), including your access to and use of the Hatching Voices and Hatch International websites (the “Websites,” and together with all other information and services relating to Hatching Voices, the “Campaign”). Your access to and participation in the Campaign and the information, materials, and services available through the Campaign are subject to these Submission Terms, regardless of whether you provide any information to the Campaign. By accessing or participating in the Campaign, you acknowledge that you understand and agree to be bound by these Submission Terms. If you do not understand or agree to be bound by these Submission Terms, do not access or participate in the Campaign.
CHANGES TO THESE SUBMISSION TERMS
We reserve the right to modify these Submission Terms, in whole or in part, at our own discretion at any time. Modifications shall be effective immediately upon the provision of modified Submission Terms to the Websites, or by sending you notice using the contact information that you have provided to us. You agree to comply with, and be bound by, any such modifications by continuing to access or participate in the Campaign after modified Submission Terms are posted to the Websites or by not requesting to terminate your participation in the Campaign within seven (7) calendar days after receiving notice of the modifications as described above.
COPYRIGHT AND OWNERSHIP
All of the content featured or displayed on or through the Campaign, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Hatch, its licensors, vendors, agents, and/or its Content providers. All elements of the Campaign, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Campaign may be used only for the intended purpose for which it is being made available. Except as may be otherwise indicated in specific documents within the Campaign, you are authorized to view, play, print, and download documents, audio, and video provided through the Campaign for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained in or distributed through the Campaign. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Campaign. For purposes of these Submission Terms, the use of any such material on any other website, mobile application, or online service is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your access to and participation in the Campaign. The Campaign, its Content, and all related rights shall remain the exclusive property of Hatch or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on or through the Campaign.
ACCURACY OF INFORMATION
We attempt to ensure that information available through the Campaign is complete, accurate, and current. Despite our efforts, the information available through the Campaign may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information available through the Campaign. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.
YOUR PROVISION OF INFORMATION
When you provide information about yourself to us or to other participants in the Campaign, including when you “Share Your Story” through the Websites in connection with Hatching Voices and the Campaign, you agree to provide accurate and current information, and not to provide information that attempts to impersonate another individual. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to allow you to participate in the Campaign, and/or refuse to provide you with services on the Website.
You understand that all information, data, photographs, video, audio or other materials that you and other Campaign participants upload, post, transmit, publish, display, or otherwise make available to or through the Campaign ("Submissions"), are the sole responsibility of you or the person from whom such Submissions originated. By uploading, posting, transmitting, publishing, displaying, or otherwise making available Submissions to or through the Campaign, you represent and warrant that:
- you own or control all rights, title, and interests to such Submissions;
- all "moral rights" that you may have in such Submissions have been voluntarily waived by you;
- you have the right to grant the licenses granted under these Submission Terms; and
- all Submissions that you post are accurate; do not violate these Submission Terms; will not conflict with, result in a breach or violation of any terms or provisions of, or constitute a default under any contract or agreement to which you are currently bound or will become bound in the future; do not and will not violate any law; and will not cause injury to any person or entity.
YOUR GRANT OF LICENSE TO HATCH FOR SUBMISSIONS
By uploading, posting, transmitting, publishing, displaying, or otherwise making available Submissions, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such Submissions in whole or in part in any form, medium, or technology (now known or later developed). We may modify or adapt Submissions, including in order to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, cite to your name or other identifier you provided when posting Submissions. You represent and warrant that our publication and use of your Submissions will not infringe or violate the intellectual property or other rights of any third party.
HATCH’S DISCRETION TO USE SUBMISSIONS
All Submissions that you upload, post, transmit, publish, display, or otherwise make available through the Campaign may be used by Hatch. Hatch reserves the right to change, condense, delete, or refuse to post any Submissions in connection with the Campaign in its sole discretion. Hatch does not guarantee that you will have any recourse through Hatch to edit or delete any Submissions you have uploaded, posted, transmitted, published, displayed, or otherwise made available in connection with the Campaign. None of the Submissions that you submit shall be subject to any obligation of confidence on the part of Hatch, its agents, partners, or third-party service providers and their respective directors, officers, and employees.
You agree to comply with all laws, rules, and regulations applicable to your access to and participation in the Campaign. In addition, you agree not to:
- upload, post, transmit, publish, display, or otherwise make available through the Campaign any Submissions that are known by you to be false, inaccurate, or misleading;
- upload, post, transmit, publish, display, or otherwise make available through the Campaign any Submissions that violate any law, statute, ordinance, or regulation;
- upload, post, transmit, publish, display, or otherwise make available through the Campaign any Submissions that are, or may reasonably be considered to be: harmful; threatening; abusive; predatory; harassing; tortious; defamatory; vulgar; obscene; libelous; invasive of another's privacy; hateful; racially, ethnically, or otherwise objectionable or derogatory, including on the basis of gender, class, national origin, religion, sexual orientation, disability, or other classification; or that harm minors in any way or otherwise describe or advocate illegal or violent acts;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions transmitted through the Campaign;
- upload, post, transmit, publish, display, or otherwise make available through the Campaign any Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit, publish, display, or otherwise make available through the Campaign any Submissions that infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
- upload, post, transmit, publish, display, or otherwise make available through the Campaign any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, publish, display, or otherwise make available through the Campaign any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- take any action that interferes with the proper working of the Campaign, compromises the security of the Campaign, or otherwise damages the Campaign or any materials or information available through the Campaign;
- attempt to gain unauthorized access to any portion or feature of the Websites or the Campaign, to any other systems or networks connected to the Websites or the Campaign, to any of our or our service providers’ servers, or to any of the services offered on or through the Websites or the Campaign, including but not limited to by hacking, password “mining”, or any other unauthorized means;
- probe, scan, or test the vulnerability of the Websites or the Campaign or any network connected to the Websites or the Campaign, or bypass the authentication measures on the Websites or the Campaign or any network connected to the Websites or the Campaign;
- use any automated means to collect information or Content from or otherwise access the Websites or the Campaign, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
- harvest or otherwise collect and store information about other Campaign participants, including e-mail addresses; or
- interfere with or disrupt the operation of Campaign or server networks connected to the Campaign, or disobey any requirements, procedures, policies, or regulations of networks connected to the Campaign.
LINKS TO WEBSITES AND ONLINE SERVICES owned or controlled by third parties
For your convenience, the Campaign may contain links to or at times redirect you to other websites and/or online services owned or controlled by third parties. These other websites and online services are not under our control, and you acknowledge and agree that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites and online services including their operation, or the content displayed on or through them. The inclusion of such a link on the Campaign does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.
REGISTRATION AND PASSWORDS
You may be permitted or required to register or obtain a login ID and password prior to participating in the Campaign. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the Campaign through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account as a result of your failing to keep your account information secure and confidential.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE CAMPAIGN IS AT YOUR SOLE RISK. THE CAMPAIGN AND ALL MATERIALS, INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CAMPAIGN ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CAMPAIGN AND ALL MATERIALS, INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CAMPAIGN APP ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CAMPAIGN ARE ACCURATE, RELIABLE, COMPLETE, OR CORRECT WITHOUT DEFECTS OR ERRORS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CAMPAIGN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
Hatch does not assume any responsibility, and will not be liable, for any damages to, or any viruses that may infect, your computer or device, telecommunication equipment, or other property caused by or arising from your access to or participation in the Campaign, or your downloading of any information or materials from the Campaign. In no event will Hatch or any of its officers, directors, employees, shareholders, affiliates, agents, successors, or assigns, nor any party involved in the creation, production, or dissemination of the Campaign, be liable to you or anyone else for any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of the Campaign, any websites and online services linked to the Campaign, or the materials, information, or services contained in the Campaign or any or all such websites and online services, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. In the event of any problem with the Campaign or any Content, you agree that your sole remedy is to cease accessing, participating in, or otherwise using the Campaign. In no event shall Hatch’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed fifty dollars ($50.00).
You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any Submissions you upload, post, transmit, publish, display, or otherwise make available through the Campaign, your violation of these Submission Terms, your use or misuse of the materials or information made available on or through the Campaign, or your violation of any third-party rights.
In the event that you have a dispute with one or more other Campaign participants, you release Hatch (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
CHOICE OF LAW AND JURISDICTION
You agree that these Submission Terms will be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws rules of any jurisdiction, and that any dispute arising out of or relating to these Submission Terms or your access to or participation in the Campaign will be subject to the exclusive jurisdiction and venue of the courts located within the State of California. You agree to the personal jurisdiction and venue of these courts. A printed version of these Submission Terms will be admissible in judicial and administrative proceedings based upon or relating to these Submission Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Because some jurisdictions do not permit the choice of law, jurisdiction, or venue, these requirements may not apply to you.
You acknowledge that any breach or threatened breach of these Submission Terms will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.
If any provision of these Submission Terms is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Submission Terms unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Any waiver by us of a breach of any provision of these Submission Terms shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Submission Terms. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Submission Terms on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Submission Terms in the future.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
In operating the Campaign, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available through the Campaign. If you believe any material available via the Campaign infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Shivangi Khargonekar at email@example.com. Please provide the following notice: identify the copyrighted work or other intellectual property that you claim has been infringed; identify the material on Campaign that you claim is infringing, with enough detail so that we may locate it in the Campaign; 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; a statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature.
All Campaign design, graphics, text selections, arrangements, and all software are Copyright© 2012 Hatch International.
If you have any questions about these Submission Terms, please contact us by e-mail at firstname.lastname@example.org.
These Submission Terms were last updated on March 27, 2018.