Terms & Conditions
The term 'Hatch My House' or ‘HMH’ or 'Us' or 'We' refers to the owner of Hatch Registry Group LLC and the website www.hatchmyhouse.com. Hatch Registry Group LLC has a legal business name of Hatch My House. Hatch Registry Group LLC DBA Hatch My House was organized in January of 2009 and has a registered office at 3301 Broderick Street, Unit 104, San Francisco, CA 94123.
The term 'You' or ‘User’ refers generally to the viewer or ‘User’ of www.hatchmyhouse.com. This term may or may not include parties defined as ‘Donor’ and ‘Recipient’. The term ‘Donor’ refers to ‘You’ who views, accesses and makes a gift on Hatch My House. The term ‘Recipient’ refers to ‘You’ who views, accesses and creates an account on Hatch My House. All types of ‘Users’, including ‘You’, ‘Donor’ and ‘Recipient’, who view, accesses, uses or registers to use the ‘Services’ provided by Hatch My House, acknowledge and agree to the ‘Terms and Conditions’. These ‘Terms and Conditions’ are subject to change at any time without prior notice. Such revised ‘Terms and Conditions’ will take effect only when they are posted to the site. If you have questions or are not clear about any part of these ‘Terms and Conditions’, please call or email us your concerns or questions prior to using www.hatchmyhouse.com. Hatch Registry Group LLC's 'Terms and Conditions' were last updated on April 26, 2011.
Copyright/Use of Materials
You acknowledge and agree that Hatch My House owns all legal right, title and interest in and to the ‘Services’ as well as all ‘Content’ created by Hatch My House. ‘Content’ is defined as any information, data, text, messages, emails, articles, software, methods or processes, photos, video, graphics, music, sounds and any other material or ‘Services’ that is created or provided by Hatch My House, excluding ‘User Content’ (as defined below). By accepting this agreement, you agree that all ‘Content’ is protected by all U.S. and international copyright laws that protect the compilation of the ‘Content’ and its ‘Content’ supplies. You may not modify, publish, retransmit, participate in the transfer or sale of, copy, create derivative works of, distribute, perform or display any of the ‘Content’ in any way.
‘Trademarks’, including logos, domain names, service marks and other distinctive brand features created by Hatch My House and displayed on www.hatchmyhouse.com are the unregistered ‘Trademarks’ of Hatch My House. Unless you have agreed otherwise in writing with Hatch My House, nothing in the ‘Terms and Conditions’ gives you a right to use any of Hatch My House’s ‘Trademarks’. This includes such information stored on third-party websites such as webmail service providers and social networking sites, such as Facebook, Twitter, MySpace, Ning and LinkedIn. Unauthorized use of ‘Content’, excluding ‘User Content’ and ‘Trademarks’, may give rise to a claim for damages and/or be a criminal offense.
Exclusion of Warranties
You acknowledge and agree that Hatch My House does not provide any warranty or guarantee as to the completeness, accuracy, performance, reliability, suitability or availability of the ‘Content’, information and materials found or offered on this website for any particular purpose. This includes and applies to ‘User Content’ found on Hatch My House. ‘User Content’ refers to any and all copy created and submitted to Hatch My House by the ‘User’, ‘Donor’ or ‘Recipient’. This disclosure also applies to any and all links to other websites and affiliated companies. These links are provided for your convenience, to provide further information. They do not signify that we endorse the website(s). We have no responsibility and no control for the content, nature of or availability of the linked website(s). Therefore, you acknowledge and agree that such information and materials, including ‘Content’, ‘User Content’ and links to other websites may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. You also acknowledge and agree that Hatch My House may, at times, suggest a particular way of acting. This advice, whether written or oral, obtained by you from HMH through or from the ‘Services’ shall in no way create any warranty not expressly stated in the terms.Furthermore, you acknowledge and agree that Hatch My House disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. You expressly agree and understand that your use of the ‘Services’ is at your sole risk, for which we shall not be liable, and that the ‘Services’ are provided ‘As Is’ and ‘As Available’. It shall be your own responsibility to ensure that any products, ‘Services’ or information available through this website meet your specific requirements.
Limitation of Liability
You acknowledge and expressly agree and understand that Hatch My House shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however cause and under any theory of liability. This shall include, but is not be limited to, any loss of profit or gift funds (whether incurred directly or indirectly), any loss of goodwill, any loss of data suffered or other intangible loss; any loss or damage which may be incurred by you, including but not limited to any change which HMH makes to the ‘Services’, or for any permanent or temporary cessation in the provision of the ‘Services’, the deletion of, corruption of, or failure to store any ‘Content’ and other communications data maintained or transmitted by or through your use of the ‘Services’; your failure to provide HMH with accurate account information (such as PayPal ‘Premier’ email address); your failure to keep your password or account details secure and confidential; or your failure to validate your PayPal ‘Premier’ email address or bank account on PayPal.com. Furthermore, the limitations on Hatch My House’s liability to you shall apply whether or not HMH has been advised or should have been aware of the possibility of such losses arising.
You acknowledge and agree that Hatch My House cannot and does not issue refunds for gift purchases. Hatch My House does not handle money given as a gift; all gift money is given via PayPal and not Hatch My House. An account holder on Hatch My House is the 'Recipient' of gifts and acts as the merchant using their Premier PayPal account. The ‘Recipient’ is the only party that can issue a refund.A gift giver on Hatch My House is the ‘Donor’. By using the 'Services' provided on Hatch My House, a 'Donor' acknowledges and agrees that Hatch My House does not issue refunds for gift purchases. 'Donors' acknowledge and agree that a 'Recipient' is the sole party that can issue a refund and it is the responsibility of the 'Donor' to request a refund directly with the 'Recipient'. A 'Donor' can request assistance from Hatch My House to contact the 'Recipient' and request a refund, but it is not guaranteed nor required that Hatch My House will have the resources to serve in this capacity.Additionally, a 'Recipient' using the 'Services' provided by Hatch My House acknowledges and agrees that since Hatch My House does not act as the merchant, Hatch My House is not responsible for refunds nor credit card charge backs. 'Recipients' who use the 'Services' provided by Hatch My House are responsible for working with PayPal to settle any chargeback claims. 'Recipients' acknowledge and agree that PayPal may place a temporary hold on part or all of their PayPal balance until a chargeback investigation is settled. Once settled, a 'Recipient' may or may not be responsible for the amount of money involved in the credit card chargeback investigation. By using the 'Services' provided by Hatch My House, 'Recipients' agree to comply with PayPal's chargeback and refund process and policy. If a refund is granted by a 'Recipient,' Hatch My House, per its discretion, may or may not issue a refund for transaction fees placed on the gift purchase.
Hatch My House holds no responsibility for usage of the gift funds after they (the funds) have been distributed to the ‘Recipient’. Once the gift funds have been received by the ‘Recipient’ through their PayPal ‘Premier’ account, it is in the ‘Recipients’ control to use as he/she/they intend. You also agree that you will not hold Hatch My House liable for any damages resulting from a recipient not accepting a gift through PayPal.
Management of Funds
You acknowledge and agree that PayPal.com manages all funds that are received via www.hatchmyhouse.com. You also acknowledge and agree that if the 'Recipient' chooses to use the 'Services' provided by HMH, he/she/they agree to sign-up for a free PayPal.com ‘Premier’ account (agreeing to their Terms) and submit the email address linked to their PayPal account to HMH via Step 4 on their dashboard. 'Recipients' agree and understand that he/she/they must sign-up for a ‘Premier’ PayPal account and submit their email address through their dashboard before he/she/they can start collecting donations towards their house fund. The 'Recipient' also acknowledges that he/she/they must follow processes as described via PayPal to receive a deposit of gift funds to their bank account or other form of payment of their gift funds. ‘Recipients’ also agree that all inquiries related to donations received or to be received in their PayPal ‘Premier’ account must be directed solely to PayPal and not HMH. Hatch My House is not authorized to make inquiries to PayPal on behalf of either the ‘Donor’ or the ‘Recipient’ because the donation of any funds is solely between the ‘Donor’ and ‘Recipient’.
‘Recipients’ who use the ‘Services’ provided by Hatch My House are able to sign-up for FREE. 'Recipients' and 'Donors' also acknowledge that Hatch My House charges 5.9% (which includes the PayPal fee) on each donation as of October 1, 2010. HMH gives 'Donors' the option to pay this fee for 'Recipients'. 'Recipients' understand that they may not or may not receive the total gift amount donated by a 'Donor'. 'Donors' may opt not to pay the additional transaction fee, which means that the 'Recipients' will receive the gift amount minus transaction fees. Both 'Donors' and 'Recipients' also acknowledge that Hatch My House reserves the right to change its Fee structure at any time. HMH is not responsible for any additional loss incurred by 'Recipients' due to a change in transaction fees. This fee is used to cover administrative costs associated with your account.
You acknowledge and agree that all ‘Users’ must be 18 years or older and that all ‘Recipients’ must have a PayPal ‘Premier’ account and submit the email address linked to his/her/their PayPal ‘Premier’ account to HMH. Every 'user' acknowledges and agrees that he/she is the person they state themselves to be as using the 'Services' provided by Hatch My House.
You also acknowledge and agree that because HMH requires that all 'Users' are the person they state themselves to be, HMH is not liable, under any circumstances, for donations that are not delivered to the intended person/’Recipient’ or for any fraudulent donations delivered to the intended person/’Recipient’.
Because HMH also requires that all 'Recipients' submit the email address linked to his/her/their PayPal ‘Premier’ account to HMH, you also acknowledge and agree that HMH is not liable, under any circumstances, for donations that are not delivered properly. In order for the 'Services' to work properly, 'Recipients' must submit the email address linked to his/her/their PayPal ‘Premier’ account in Step 4 of their HMH dashboard.
You acknowledge and agree that all 'Users' and 'Recipients' are independently responsible for complying with all applicable laws in all actions related to the use of Hatch My House's 'Services', regardless of the purpose of the use. In addition, 'Users' and 'Recipients' must adhere to the terms of this Acceptable Use Policy.
You may not use Hatch My House 'Services' for activities that:
- violate any law, statute, ordinance or regulation
- collect monetary funds (a) on the behalf of someone else (b) for the sale of narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (c) for the sale of drug paraphernalia, (d) for the sale of items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) for the sale of items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (f) for the sale of items that are considered obscene, (g) for the sale of items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) for the sale of certain sexually oriented materials or services, (i) for the sale of ammunition, firearms, or certain firearm parts or accessories (j) for the sale of certain weapons or knives regulated under applicable law, or (k) for the sale of products or services identified by government agencies to have a high likelihood of being fraudulent
- relate to PayPal transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, or (i) provide certain credit repair or debt settlement services
- violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
- involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Hatch My House and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
We encourage you to report violations of this Acceptable Use Policy to Hatch My House immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can contact Hatch My House at: info(at)hatchmyhouse(dot)com.
You acknowledge and agree that Hatch My House makes no claims or promises regarding any and all tax obligations or consequences that may result from your activities as a ‘User’ of www.hatchmyhouse.com. You also acknowledge and agree that HMH has no obligation to maintain records or provide you with documentation for your transactions with charitable/nonprofit organizations for tax reporting purposes.
Software, Website & Blog Updates
You acknowledge and agree that, at times, we will need to upgrade certain software used on www.hatchmyhouse.com. The updates are designed to improve, enhance and further develop the ‘Services’ and may take the form of adding new graphics, enhanced functions, bug fixes, new software modules and completely new versions. You agree to receive such updates (and permit Hatch My House to deliver these to you) as part of your use of the 'Services'.
You also acknowledge and agree to receive not only software and website updates, but emails and phone calls to keep you fully informed of all the 'Services' provided by Hatch My House. This includes weekly blog emails and customer development phone calls to the phone number you provide. You agree to receive such updates and information (and permit Hatch My House to deliver these to you) as part of your use of the 'Services'.
Accuracy of Personal Information
You acknowledge and agree that Hatch My House will collect personal information necessary to respond to your request for ‘Services’. Personal information includes, but is not limited to: name, physical address, email address, PayPal email address, phone number and any other information that itself identifies, or when tied to the above information, may identify you as a specific individual. Because this information is vital to the accuracy of the ‘Services’ we provide, you acknowledge and agree to be responsible for providing HMH with the most accurate and up-to-date information regarding your account. If the information provided to HMH is not up-to-date or accurate, you may be charged a per-occurrence fee of $15.00. If this fee is not paid, HMH reserves the right to temporarily or permanently disable and close your account.
Privacy / Third-Party Service Provider
Closing of Accounts
In order to continually create the best product for our ‘Users’, you acknowledge and agree that Hatch My House may stop (temporarily or permanently) providing the ‘Services’ to you or to ‘Users’ at HMH’s full discretion, without prior notice to you. You also acknowledge that you may stop using the ‘Services’ at any time, by submitting a request in writing via email.