Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the HatchMatchDispatch Principles, and governs our relationship with users and others who interact with HatchMatchDispatch. By using or accessing HatchMatchDispatch, you agree to this Statement.
- Privacy
Your privacy is very important to us, and it is important that you understand how we have structured HatchMatchDispatch to support our users.
We designed our Privacy Policy to make important disclosures about how you can use HatchMatchDispatch to share with others and how we collect and can use the content and information you provide. We want you to read the Privacy Policy to help you make informed decisions.
- Sharing Your Content and Information
You own all of the content and information you post on HatchMatchDispatch and you can control how it is shared through your privacy and application settings. In addition:
-
- For content that is covered by intellectual property rights, like photos, audio, document images and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with HatchMatchDispatch ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted just like emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you add an application and use Platform, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share.
- When you publish content or information using the "everyone" setting, it means that everyone, including HatchMatchDispatch people, will have access to that information and we may not have control over what they do with it.
- We always appreciate your feedback or other suggestions about HatchMatchDispatch, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- Safety
We do our best to keep HatchMatchDispatch safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
-
- You will not send or otherwise post unauthorized commercial communications (such as spam) on HatchMatchDispatch.
- You will not collect users' content or information, or otherwise access HatchMatchDispatch, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on HatchMatchDispatch.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, false, or that contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on HatchMatchDispatch without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our guidelines and all applicable laws.
- You will not use HatchMatchDispatch to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of HatchMatchDispatch, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
- Registration and Account Security
HatchMatchDispatch users provide their real names and information, and we need your help to keep it that way to protect other users of HatchMatchDispatch and their associates.
Here are some commitments you make to us relating to registering and maintaining the security of your account:
-
- You will not provide any false personal information on HatchMatchDispatch, or create an account for anyone other than yourself without permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use HatchMatchDispatch if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
-
- You will not post content or take any action on HatchMatchDispatch that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on HatchMatchDispatch if we believe that it violates this Statement.
- We will provide you with tools to help you protect your intellectual property rights.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to have the decision reviewed.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including HatchMatchDispatch, the HatchMatchDispatch and flower logos, HMD and others), or any confusingly similar marks, without our written permission.
- If you collect information from users, you will: obtain their consent, make it clear you (and not HatchMatchDispatch) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone's identification documents or sensitive financial information on HatchMatchDispatch.
- Mobile
- We may provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on HatchMatchDispatch within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- Payments
If you make a payment on HatchMatchDispatch or use HatchMatchDispatch Credits, you agree to our payment terms.
- Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
-
- We give you permission to use HatchMatchDispatch's Share Link button so that users can post links or content from your website on HatchMatchDispatch.
- You give us permission to use such links and content on HatchMatchDispatch.
- You will not place a Share Link button on any page containing content that would violate this Statement if posted on HatchMatchDispatch.
- Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
-
- You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our policies and guidelines.
- Your access to and use of data you receive from HatchMatchDispatch, will be limited as follows:
- You will only request data you need to operate your application.
- You will have a privacy policy or otherwise make it clear to users what user data you are going to use and how you will use, display, or share that data.
- You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
- You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings.
- You will delete all data you received from us relating to any user who de-authorizes, disconnects, or otherwise disassociates from your application unless otherwise permitted in our policies.
- You will delete all data you received from HatchMatchDispatch if we disable your application or ask you to do so.
- We can require you to update any data you have received from us.
- We can limit your access to data.
- You will not transfer the data you receive from us (or enable that data to be transferred) without our prior consent.
- You will not give us information that you independently collect from a user or a user's content without that user's consent.
- You will make it easy for users to remove or disconnect from your application.
- You will make it easy for users to contact you. We can also share your email address with users.
- You will provide customer support for your application.
- You will not show third party ads or web search boxes on HatchMatchDispatch user profiles or Pages.
- We give you all rights necessary to use the code, APIs (along with all data received), or tools we provide to you, but only in connection with your application.
- You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
- You will not misrepresent your relationship with HatchMatchDispatch to others.
- You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our policies.
- We can issue a press release describing our relationship with you.
- You will comply with all applicable laws.
- We do not guarantee that Platform will always be free.
- You give us all rights necessary to enable your application to work with HatchMatchDispatch, including the right to incorporate content you provide to us into streams, profiles, and user action stories.
- You give us the right to link to or frame your application and place content, including ads, around your application.
- We can analyse your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
- To ensure your application is safe for users, we can audit it.
- We can create applications that offer similar features and services to, or otherwise compete with, your application.
- About Advertisements on HatchMatchDispatch
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
-
- You can use your settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- You understand that we may not always identify paid services and communications as such.
- Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on HatchMatchDispatch or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
-
- When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
- You will pay for your Orders in accordance with our payment terms. The amount you owe will be calculated based on our tracking mechanisms.
- Your ads will comply with our guidelines.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
- We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
- Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
- We can use your ads and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with HatchMatchDispatch without written permission.
- We may reject or remove any ad for any reason.
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
-
- You warrant that you have the legal authority to bind the advertiser to this Statement.
- You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
- Special Provisions Applicable to Pages
- Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, sporting organisations, bands, and celebrities).
- You may only administer a HatchMatchDispatch Page if you are an authorized representative of the subject of the Page.
- Pages can only post content and information under the "everyone" setting.
- When you publish content or information to your Page we have no obligation to distribute your content or information to users.
- If you use a widget off of our site to promote your Page, others will be able to copy and place the widget elsewhere.
- You may not place a widget in an advertisement.
- If you collect user information on your Page, Section 9 of this Statement also applies to you.
- If you display advertising on your Page, Section 11 of this Statement also applies to you.
- Amendments
- We can change this Statement if we provide you notice and an opportunity to comment.
- For changes to sections relating to payments, application developers, website operators, and advertisers, we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice.
- We can make changes for legal or administrative reasons upon notice without opportunity to comment.
- Termination
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of HatchMatchDispatch to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
- Disputes
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or HatchMatchDispatch exclusively in a state or federal court located in Victoria, Australia. The laws of the State of Victoria will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Victoria for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on HatchMatchDispatch, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- We try to keep HatchMatchDispatch alive, issue-free, and safe, but you use it at your own risk. We are providing HatchMatchDispatch "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that HatchMatchDispatch will be safe or secure. HatchMatchDispatch is not responsible for the actions, content, information, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or HatchMatchDispatch, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or HatchMatchDispatch will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. 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. In such cases, HatchMatchDispatch's liability will be limited to the fullest extent permitted by applicable law.
- Special Provisions Applicable to Users Outside Australia
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside Australia:
-
- You consent to having your personal data transferred to and processed in Australia.
- If you are located in a country embargoed by Australia, you will not engage in commercial activities on HatchMatchDispatch (such as advertising or payments) or operate a platform application or website.
- Definitions
- By "HatchMatchDispatch" we mean the features and services we make available, including through (a) our website at www.HatchMatchDispatch.com.au and any other HatchMatchDispatch branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "us," "we" and "our" we mean HatchMatchDispatch Pty Ltd.
- By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve data from HatchMatchDispatch or provide data to us.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on HatchMatchDispatch that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from HatchMatchDispatch or provide to HatchMatchDispatch through Platform.
- By "post" we mean post on HatchMatchDispatch or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into HatchMatchDispatch at least once in the previous 30 days.
- By "application" we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data.
- Other
- This Statement makes up the entire agreement between the parties regarding HatchMatchDispatch, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
HatchMatchDispatch © 2009



