Effective Date: SEPTEMBER 1, 2017
This User Agreement (the "Agreement") is a contract between you and Hatchlings Inc. ("Hatchlings") and applies to all users of this Application. In this User Agreement "you" or "your" means any person or entity using this Application, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"), it also includes such person's parent or legal guardian. Unless otherwise stated, "Hatchlings", "we" or "our" refers to Hatchlings' Inc., an Iowa Corporation, and its successors and assigns.
We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Application so that you will understand the terms applicable to your access and use of this Application. If you do not agree to the amended User Agreement, you may not continue to access or use the Application.
Links to Other Applications
While HATCHLINGS may provide links to this Application and other Applications and websites owned and/or operated by HATCHLINGS or unaffiliated third parties, these sites are not part of this Application, and each has a different user agreement. In addition, to the extent such linked Applications are not owned or operated by affiliates of HATCHLINGS, these sites also have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other Applications or any third party Applications to whom we provide links. HATCHLINGS is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by HATCHLINGS of the Application linked to. HATCHLINGS ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS APPLICATION WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Unless otherwise expressly indicated by us, we are not sponsored by or affiliated with the linked Application and we do not control the information and materials accessed from such third party Applications. Furthermore, the copyrights and trademarks used in connection with such third party Applications are not copyrights or trademarks of HATCHLINGS.
The Nose Zone Application is presently only available in the Apple App Store. We do not currently collect personally identifiable information but may collect information about your usage to improve the application and its algorithms.
By using Nose Zone you consent to HATCHLINGS collecting and using this data. The collected data and any associated copyrights shall be owned by HATCHLINGS and may be used for any purposes including (but not limited to) improving our algorithms, collecting and processing analytics, and marketing.
HATCHLINGS retains the right to use and access your device's Advertising Identifier in connection with analytics and advertising (including for ad re-targeting and attribution). We will do so in compliance with Apple's Terms of Service.
TrueDepth Camera and Face Data
The Nose Zone Application uses the TrueDepth camera on the iPhone X to determine which way your face is pointing and to control the application. We will not store or retain any data captured by the TrueDepth camera on our servers or use your Face Data for any other purpose other than the app's core gameplay.
Nose Zone does not and will not use your Face Data to personally identify any user of the application.
All parties agree that this User Agreement and all communications and documents relating hereto be expressed in the English language. You further acknowledge and agree that all communications and documents between you and HATCHLINGS with respect to your use of this Application may take place electronically and that all such electronic notices, agreements, and other communications from HATCHLINGS shall be the legal equivalent of written communications.
Ownership of Intellectual Property and Restrictions on Use of HATCHLINGS Materials
All products, services, content, information displayed, performed or otherwise accessible through this Application, including, without limitation, any virtual currency offered or provided by Hatchlings, Public Materials, Member Materials, feature codes and access codes together with all digital images activated by such codes, software code, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the "Hatchlings Materials") are the property of Hatchlings Inc., its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the "Hatchlings Group"), and are protected, without limitation, by the United States' and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any Hatchlings Materials on any other Application or networked computer environment is prohibited.
Grant of a Limited License
This User Agreement grants to you a limited license to access and use this Application, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use, provided that this license is limited to the display of the Hatchlings Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any use of the Application or the Hatchlings Materials in violation of these License Limitations will be regarded as an infringement of Hatchlings Inc.'s copyrights in and to the Application. You agree that it would be a violation of the license granted hereunder, and that you will not, under any circumstances:
HATCHLINGS has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Application; (ii) any part or all of this Application, including hours of availability; and (iii) to restrict access to parts or all of this Application from time to time with or without notice to you. HATCHLINGS may make available and upgrade this Application on the same terms and conditions as this User Agreement and any such upgrades will form part of this Application.
Third Party Advertising
From time to time you may have the opportunity to send us your submissions as part of a contest where your submissions are judged and the winner will be awarded a virtual prize(s), such as virtual money (e.g. "Shells"). We will provide the rules for such contests at such times as they are made available on this Application. With respect to games or contests, the following minimum rules shall apply:
Suspension or Termination of Account
HATCHLINGS reserves the right to suspend any Account that has been inactive for six (6) months or more.
In addition, HATCHLINGS may terminate or suspend your Account and/or access to all or part of this Application and/or any products or services available through this Application in the event (i) it determines after reasonable investigation that you have breached this User Agreement, the Limited License, or Code of Conduct stated herein or that your conduct violates applicable law or is otherwise harmful to the interests of HATCHLINGS or other third parties, or (ii) HATCHLINGS determines to cease its operations and/or its provision of any applicable products or services in connection with this Application.
User Code of Conduct
The Application is provided by HATCHLINGS and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Application. To avoid termination of the right to use this Application, users must not:
THE USE OF THIS APPLICATION IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS APPLICATION AND THE HATCHLINGS MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HATCHLINGS GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS APPLICATION, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS APPLICATION, OR ASSOCIATED WITH THE USE OF THIS APPLICATION, OR ANY APPLICATION OR CONTENTS WITH WHICH IT IS LINKED.
THE HATCHLINGS GROUP DOES NOT WARRANT THAT THIS APPLICATION, THE HATCHLINGS MATERIALS, OR ANY APPLICATION TO WHICH THIS APPLICATION IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS APPLICATION AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH HATCHLINGS OR A HATCHLINGS REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES. IN ADDITION, THE HATCHLINGS GROUP DOES NOT WARRANT THAT THIS APPLICATION OR THE SERVERS THAT MAKE THIS APPLICATION AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FINALLY, THE HATCHLINGS GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS APPLICATION OR THE HATCHLINGS MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE HATCHLINGS GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS APPLICATION, ESTORE ITEMS OR ANY OF THE HATCHLINGS MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE HATCHLINGS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, HATCHLINGS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS APPLICATION.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE HATCHLINGS GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS APPLICATION, ANY VIRTUAL PRIZES OR MONEY, OR ANY OF THE HATCHLINGS MATERIALS OR FUNCTIONS AT THIS APPLICATION, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS APPLICATION OR (II) USD$5.00.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE HATCHLINGS GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER(S) OF THE HATCHLINGS GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS APPLICATION, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH HATCHLINGS IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Jurisdictional Issues and Dispute Resolution
This Application is controlled and operated through and by Hatchlings' principal place of business located in the State of Iowa. If you choose to access and use this Application from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable. This User Agreement shall be governed by and construed in accordance with the laws of the United States and specifically the laws and jurisdiction of the State of Iowa, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the courts of the State of Iowa, or for matters involving intellectual property, the federal courts located in the State of Iowa, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this User Agreement shall be English. This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws. Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement should you have any queries about it.
This Application is owned and operated by HATCHLINGS, an Iowa corporation. If you have any questions or concerns relating to this Application, they can be sent to the attention of the developer via the Application itself. Should HATCHLINGS be unable to resolve the issue, the following rules may apply to the dispute.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Waiver of Jury Trial and Class Actions
BY ENTERING INTO THIS USER AGREEMENT, YOU AND HATCHLINGS ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND HATCHLINGS BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND HATCHLINGS BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.