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Terms of Use

Effective on September 6, 2011

  1. WELCOME

    Welcome to HATCHEDit.com ("HATCHEDit.com" or "Website"), the website and online service of HATCHEDit, Limited Liability Company ("HATCHEDit, "we," or "us"). This page explains the terms by which you may use our service. By accessing or using the HATCHEDit services, Website and software provided through or in connection with the service ("Service"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Terms of Use" or "Agreement"), whether or not you are a registered user of our Service.

    We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users")

  2. ACCESS TO THIS SITE

    To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this site will be correct, current, and complete. If HATCHEDit believes the information you provide is not correct, current, or complete, HATCHEDit has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time.

  3. RESTRICTIONS ON USE

    You may use this Website for purposes expressly permitted by this Website. As a condition of your use of HATCHEDit.com, you warrant to HATCHEDit that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to): (a) co-brand this Website; (b) frame this Website; or (c) hyper-link to this Website, without the express prior written permission of an authorized representative of HATCHEDit. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or content accessible within this Website. You agree to cooperate with HATCHEDit in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

    In addition, you may not use HATCHED

    it.com in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website.

  4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

    HATCHEDit.com is for your personal and non-commercial use, unless otherwise specified. You may not use this Website for any other purpose, including any commercial purpose, without HATCHEDit's express prior written consent. If you create a GROUP to promote your business or for advertising purposes, you will comply with the terms in Section 7 below. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to HATCHEDit.com.

    You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify HATCHEDit immediately of any breach of security or unauthorized use of your account. Although HATCHEDit will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of HATCHEDit or others due to such unauthorized use.

    You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. HATCHEDit shall have no liability for your interactions with other Users, or for any User's action or inaction.

  5. PROPRIETARY INFORMATION

    The material and content accessible from this Website, and any other website owned, operated, licensed, or otherwise controlled by HATCHEDit (the "Content") is the proprietary information of HATCHEDit or the party that provided or licensed the Content to HATCHEDit, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of HATCHEDit, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates HATCHEDit's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to

    this Website

  6. HYPER-LINKS

    This site may be hyper-linked to other sites which are not maintained by, or related to, HATCHEDit. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or HATCHEDit. HATCHEDit has not reviewed any or all of such sites and is not responsible for the content of those sites. HATCHEDit is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the User's own risk, and HATCHEDit makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. HATCHEDit provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by HATCHEDit of that site or any association with its operators.

  7. USE OF COMMUNICATION SERVICES

    HATCHEDit's websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

    Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

  8. (a) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity); (b) advocates illegal activity or discusses an intent to commit an illegal act; (c) is vulgar, obscene, pornographic, or indecent; (d) does not pertain directly to this Website; (e) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (f) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (g) harvests or otherwise collects information about others, including e-mail addresses, without their consent; (h) violates any law or may be considered to violate any law; (i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (j) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded; (k) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website; (l) solicits funds, advertisers or sponsors; (m) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; (n) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Website; (o) includes MP3 format files; (p) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys; (q) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Website or any networks connected to this Website; or (r) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

    HATCHEDit reserves the right to monitor use of this Website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. HATCHEDit reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. HATCHEDit also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

    Notwithstanding these rights, you remain solely responsible for the content of your submissions. HATCHEDit takes no responsibility and assumes no liability for any Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. You acknowledge and agree that neither HATCHEDit nor any User nor third party that provides Content to HATCHEDit will assume or have any liability for any action or inaction by HATCHEDit or such third party with respect to any submission.

    HATCHEDit cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. HATCHEDit does not control or endorse the content, messages or information found in any Communication Service and, consequently, HATCHEDit specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Users are not authorized HATCHEDit spokespersons, and their views do not necessarily reflect those of HATCHEDit.

    HATCHEDit is not responsible for any public display or misuse of your Content. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree that HATCHEDit shall not be liable for any damages you allege to incur as a result of such Content. HATCHEDit may provide tools for you to remove some Content, but does not guarantee that all or any Content will be removable.

  9. ELIGIBILITY

    This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

  10. SUBMISSIONS

    You hereby grant to HATCHEDit the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, per-form, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to HATCHEDit through this Website (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. HATCHEDit will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future HATCHEDit operations.

    HATCHEDit will treat any personal information that you submit through this site in accordance with its Privacy Policy

  11. DISCLAIMER

    You understand that HATCHEDit cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. HATCHEDit does not assume any responsibility or risk for your use of the Internet.

    The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by HATCHEDit.

    YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HATCHEDit DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABIL-ITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HATCHEDit DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HATCHEDit DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HATCHEDit MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT HATCHEDit, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR

    ITS CONTENT. HATCHEDit MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

    All of the information in this Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Website, and HATCHEDit does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

  12. LIMITATION ON LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HATCHEDIT, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL HATCHEDIT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HATCHEDIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HATCHEDIT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS,

    PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HATCHEDIT HEREUNDER.

    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HATCHEDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    The Service is controlled and operated from its facilities in the United States. HATCHEDit makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

  13. TERMINATION OR RESTRICTION OF ACCESS

    HATCHEDit reserves the right, in its sole discretion, to terminate your access to any or all of HATCHEDit's websites and the related services or any portion thereof at any time, without notice.

  14. INDEMNITY

    You will indemnify and hold HATCHEDit, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

  15. TRADEMARKS AND COPYRIGHTS

    Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of HATCHEDit or the party that provided the trademarks, services marks, logos, and copyrighted works to HATCHEDit. HATCHEDit and any party that provided trademarks, service marks, logos, and copyrighted works to HATCHEDit retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

    All contents of HATCHEDit's websites are: Copyright © 2011, HATCHEDit, Limited Liability Company. All rights reserved.

  16. SECURITY

    Any passwords used for this Website are for individual use only. You will be responsible for the security of your password (if any). HATCHEDit will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that HATCHEDit considers insecure, HATCHEDit will be entitled to require the password to be changed and/or terminate your account.

    You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, HATCHEDit reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. HATCHEDit reserves the right to investigate suspected violations of these Terms of Use.

    HATCHEDit reserves the right to fully cooperate with any law enforcement authorities or court order re-questing or direction HATCHEDit to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HATCHEDit FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HATCHEDit DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HATCHEDit OR LAW ENFORCEMENT AUTHORITIES.

  17. MISCELLANEOUS

    (a) Jurisdiction. These Terms of Use will be governed and interpreted pursuant to the laws of the State of New Jersey, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New Jersey in connection with any dispute between you and HATCHEDit arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in New Jersey. (b) Severability. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. (c) Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HATCHEDit's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. (d) No Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HATCHEDit as a result of this agreement or use of HATCHEDit's websites. (e) Entire Agreement. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and HATCHEDit with respect to HATCHEDit's websites. (f) Printed Version. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. (g) Other Agreements. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.

    HATCHEDit may revise these Terms of Use at any time by updating this posting.

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