Terms and Conditions

Terms of Use

The following terms of use (“Terms of Use”) govern your use of DoubleDutch.app, portal.DoubleDutch.app, api.DoubleDutch.app, our mobile apps and any other service (the “Services”) provided by or on behalf of Hatchery, LLC and DoubleDutch (referred as “DoubleDutch” hereafter). The Terms of Use also govern your access to and use of the content, functionally, materials and resources (collectively “Resources”) available on or by means of the services. These Terms of Use are a legal agreement between you and DoubleDutch. DoubleDutch is also referred to in this Terms of Use as “we,” “us,” “our” or other similar pronouns. Other DoubleDutch properties may have the same or different Terms of Use. If you are using the Services on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf. In that case, “you” refers to both you and your employer. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THEM, DO NOT ACCESS OR USE THESE SERVICES. Although you may “bookmark” a particular portion of this website and thereby bypass these Terms of Use, your use of these SERVICES still binds you to these terms.

Changes

The Terms of Use was last updated on June 07, 2016. DoubleDutch reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check these terms each time before using the Services. Your continued use of the Services following the posting of changes will mean that you accept and agree with the changes.

Privacy

DoubleDutch considers protecting your personal data very important. Our Privacy Policy Document provides details on data collection policies and practices. Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy located at http://portal.DoubleDutch.com/privacy-policy/.

Copyrights and Trademarks

Unless otherwise noted, all Contents images, graphics, user interfaces, photographs, trademarks, logos, artwork and other content on the Service (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Service is the property of DoubleDutch, one of its affiliates or by third parties who have licensed their materials to DoubleDutch and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Service is the exclusive property of DoubleDutch and is also protected by U.S. and international copyright laws. DoubleDutch logo and name may not be used in connection with any product or service that is not the property of DoubleDutch, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DoubleDutch. You may not use any DoubleDutch logo or other proprietary graphic or trademark as part of the link without express written permission. All other trademarks and registered trademarks mentioned on this Website are properties of their respective owners. DoubleDutch permits registered users to post content to the Service, including, photos, videos, descriptions and other materials (“User Content”). You understand and agree that DoubleDutch does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Service that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against DoubleDutch arising from or relating to User Content. You retain all rights in and to the User Content you post to the Service. However, by posting User Content to the Service, you hereby grant DoubleDutch a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable, universal right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your User Content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Service and DoubleDutch business, marketing or promotional purposes, and/or for syndicating User Content, promoting or redistributing part or all of the Service (and derivative works thereof) in any website, online application, mobile application, social media channel, or other medium now known or later developed. You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, business name and details, likeness, photograph or image is adjacent to or included with advertisements, promotions, Coupons, offers or other information, or otherwise used to promote the products and services of DoubleDutch or any other company or product that is addressed in your User Content.

Third Party Content

The Service may contain links to other websites controlled by parties other than DoubleDutch (each a “Third Party Site”). Because DoubleDutch has no control over such sites and resources, you acknowledge and agree that DoubleDutch is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DoubleDutch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Any opinions, advise, statements, services, deals and offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of DoubleDutch. DoubleDutch neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than authorized spokespersons of DoubleDutch while acting in official capacities.

Permitted Use

We comply with the Children’s Online Privacy Protection Act as passed by the U.S. Congress. To access or use the Service, you must be 13 years or older and have the requisite power and authority to enter into these Terms of Use. You may not access or use the Service if you are a competitor of our business or if we have previously banned you from the Service or closed your account. DoubleDutch grants you non-exclusive, non-transferable, limited permission to access, use and display content created by you and generated by portal.DoubleDutch.com and api.DoubleDutch.com for use in your business. In connection with your use of this Service, you must maintain the integrity and security of your login credentials including an API Keys that you generate and use. You may print a copy of online materials and contents for your own personal, non-commercial use. Except for such permitted access, display and use, you may not copy, reproduce, republish, transmit, distribute, use or create derivative works of the Service or Resources without DoubleDutch express prior written consent. This grant of permission is conditioned on your not modifying the content displayed on DoubleDutch.com and your keeping intact all copyright, trademark, and other proprietary notices. We grant you permission to use the Service subject to the restrictions in these Terms of Use. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Prohibited and Restricted items

You are not allowed to upload or publish any content with prohibited and restricted items included but not restricted to listed below. DoubleDutch reserve right to remove any Offer, promotion or content listed on DoubleDutch which contains objectionable contents or does not comply to Terms of Use or is in-appropriate for viewers of DoubleDutch Website. Following list can be used as guideline for items prohibited on DoubleDutch Website, • Alcohol unless applicable by local law; • Tobacco Products unless applicable by local law; • Any items not approved by the US FDA or your local governing equivalent; • Drugs( Narcotics, steroids, and all other controlled substances) and drug paraphernalia are strictly prohibited; • Any content inappropriate for minors; • Firearms; • Content that violate any provision of law applicable in the State of California or anywhere else in the United States • Content that violate the CAN-SPAM Act of 2003 or any other anti-spam laws; and • Anything violent, pornographic, hateful, racist, or otherwise objectionable;

No Refund Policy

Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. Please review the payments and other details before buying any feature. All sales are final and there will be absolutely no refunds. DoubleDutch will not provide refund for any unused services or products purchased previously.

User Reviews, Feedback, Submissions

For all comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to DoubleDutch on or through this website, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Service (collectively, the “Comments”) you grant DoubleDutch a royalty-free, irrevocable, transferable right and license to use the Comments however DoubleDutch desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. DoubleDutch will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. DoubleDutch is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. DoubleDutch does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant DoubleDutch the right to use the name that you submit in connection with any Comments. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify DoubleDutch and its affiliates for all claims resulting from any Comments you submit. DoubleDutch and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

No Unlawful or Prohibited Use

In using the Service, you understand that you are liable for all information, in whatever form, you make available to other end users (“Information”). You agree not to use the Service to: • Impersonate any person, business or entity, or otherwise mislead as to the origin of any information you submit; • violate the terms in this Terms of Use or any right of any third party, including without limitation, patents, copyright, trademark, privacy or other personal or proprietary right(s); • upload, post, email, transmit or otherwise make available any Information that is inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any law; • harm minors in any way; • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; • transfer your DoubleDutch account (including but not limited to profiles, feedback etc) and User ID to another party without our consent; • harvest or otherwise collect information about consumers, including email addresses, phone numbers and other personal information without their consent. Copy, modify or distribute rights or content from the DoubleDutch Service or DoubleDutch copyright and trademarks; • distribute viruses or any other technologies that may harm DoubleDutch, or the interests or property of DoubleDutch users;

Disclaimer of Warranties

You Expressly Understand and Agree that: THIS SERVICE IS PROVIDED BY DoubleDutch ON AN “AS IS” AND “AS AVAILABLE” BASIS. DoubleDutch MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED WITH THIS SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DoubleDutch DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DoubleDutch DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE DoubleDutch SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DoubleDutch OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE DoubleDutch SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DoubleDutch HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DoubleDutch BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. Indemnification

You agree to defend, indemnify and hold harmless DoubleDutch and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Service or any breach made by you of these Terms of Use.

Termination of Rights

Your failure to comply with the terms, conditions, and notices for this Service will result in automatic termination of any rights granted to you under these Terms of Use.

General

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms under Terms of Use shall remain in full force and effect. The failure of DoubleDutch to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit DoubleDutch’s rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under Texas law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Service must be brought in the county courts of Dallas, TX and you consent to the exclusive personal jurisdiction of such courts.

Acknowledgement

You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.

Contact Information

If you have any questions regarding this Agreement or the Service, please contact DoubleDutch at brian@hatcheryllc.com.