Terms

1.         General.

AIM and its affiliates (“AIM”, “Hatchfund”, “we”, or “us”) has created and maintains this website for the purpose of showcasing artists, art and artistic projects, facilitating direct public investment in new artistic projects, and allowing artists and the public to communicate with each other. By accessing and/or using this website, you accept, without limitation or qualification, these Terms of Use. We reserve the right to change these Terms of Use from time to time in our sole and absolute discretion without notice to you. Such changes will become effective and binding on you immediately upon posting to the website and you will be deemed to have accepted such changes by your continued use of this website.

2.         Use of Website.

You represent and agree that you are at least 18 years of age and that you will not use this website, nor allow anyone to use this website, (a) in violation of any law, regulation, ordinance or court order, (b) in any manner which could damage, disable, overburden or otherwise impair the ability of AIM to make the website available to other users or to interfere with the use and enjoyment of the website by other users, (c) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (d) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (e) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of AIM, any other users or any third party, or (g) to engage in any conduct that could expose AIM to civil or criminal liability (collectively, the “Prohibited Conduct”).

3.         User Accounts and Personal Information.

When you create a user account on this website you will be asked to provide certain personal information and to establish a password for your account. You represent and agree that all information you provide to AIM will be true, accurate, current and complete and that you will update such information as necessary to maintain such information as true, accurate, current and complete. You agree that you are solely responsible for the protection of your password and any use of your user account by anyone to whom you provide your password. Without limiting the generality of the foregoing, you will be held liable for any violation of these Terms of Use by anyone to whom you provide your password or otherwise allow access to your user account. If you believe that the security of your password has been compromised, or that anyone has used your password to make unauthorized access to your user account, it is your responsibility to immediately notify AIM and to request a new password. You acknowledge and agree that any personal information that you provide to AIM via this website will be used by AIM in accordance with our Privacy Policy. Notwithstanding anything in these Terms of Use to the contrary, you hereby authorize AIM to disclose without notice to you any personal information in its possession if required to do so by law or upon a good faith belief that such disclosure is necessary to comply with the law. You hereby release AIM from any and all claims, damages, liabilities and causes of action arising out of such authorized disclosure of personal information.

4.         Artists.

AIM may grant certain artists selected and approved by AIM (“Artists”) the right to create blogs and showcases to be displayed on this website. Such Artists may also submit new projects (“Projects”) for the purpose of seeking public donations to AIM to fund the Projects. Any Projects submitted by Artists will be subject to these Terms of Use and a separate Artist Grant Agreement to be entered into between the Artists and AIM. Projects submitted to AIM may be rejected in the sole and absolute discretion of AIM. AIM may approve or deny any request for “Artist” status, and may revoke any previously granted “Artist” status, in its sole and absolute discretion. You hereby release AIM from any and all claims, damages, liabilities and causes of action arising out of any rejection of a request for “Artist” status.

5.         Donors.

Any user who has created a user account may become a donor (“Donor”) by making a donation to AIM and making a recommendation to fund one or more Projects. You acknowledge and agree that you are under no obligation to become a Donor or to make a donation and that you will be solely responsible for any decision to become a Donor. In the event that you should decide to become a Donor, your donation will be subject to these Terms of Use.

You understand and agree that your donation is being made to AIM and not to an individual Artist or Project. You further understand and agree that AIM has exclusive legal control over all donations.  While AIM will give careful consideration to all Donor recommendations, it is under no legal obligation to use your donation to fund any particular Project or Artist recommended by you.  Furthermore, AIM will only distribute donated funds to individual Artists once a specific Project reaches its targeted funding.  It is possible that the Project recommended by you will not reach its targeted funding and that AIM will not distribute donated funds to your recommended Artist or Project. ALL DONATIONS ARE FINAL AND NON-REFUNDABLE. Donations to AIM represent irrevocable gifts subject to the legal and fiduciary control of the organization's Board of Directors.

You understand and agree that your donation will not be refunded to you, in whole or in part, and you may not cancel or withdraw your donation for any reason.  Without limiting the generality of the foregoing, AIM will not refund your donation to you in the event that your recommended Artist fails to complete a fully funded Project, your recommended Artist fails to deliver any anticipated perks, or you are unable to obtain a tax deduction for your donation.

In the event that you make a donation, you will be required to provide credit card or other payment information at the time of the donation. You represent and agree that all payment information you provide to AIM will be true, accurate, current and complete. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to immediately provide AIM with alternative payment information to fulfill your donation.

In the event that you make a donation and AIM and your donation is used to fund a Project, your donation may entitle you to receive certain perks to be provided by the Artist as more fully described in the Project and as identified at the time of your donation. You understand and agree that AIM is not responsible for providing any perks, that any such perks will be provided directly to you by the Artist upon completion of the Project, that your donation is not contingent upon receiving any perks, and that your donation will not be refunded to you in the event that the Artist fails to provide you with any perks even if such perks are described in the Project at the time of your donation.

If you receive any perks as a result of your donation, the amount of your contribution that may be deductible for federal and state income tax purposes is limited to the amount by which your donation exceeds the fair market value of the perks you receive (i.e., the amount of your donation minus the value of the perks received equals the amount of your donation that may be tax deductible). AIM will issue a tax acknowledgment letter to you showing the amount of your donation and a good faith estimate of the value of the perks you will receive. Please consult your tax advisor with any specific questions about the tax deductibility of your donation.

Unless you expressly notify AIM to the contrary, AIM and the applicable Artists shall have the right, but not the obligation, to list your name as a Project contributor in any programs, publications or public announcements with respect to any Project for which you recommended funding. You hereby release AIM from any and all claims, damages, liabilities and causes of action arising out of or related to your donation, including but not limited to the failure of any Projects to be approved for funding, the failure of any Artists to complete any Projects, the failure of any Artists to provide you with any promised perks, your inability to obtain a tax deduction for your donation, the listing or failure to list your name as a Project contributor and/or the use of your donation by AIM to fund a Project or Artist that you did not recommend.

6.         Intellectual Property and Licensing.

You hereby grant to AIM a perpetual, worldwide, non-exclusive, royalty free, right and license to use any content you upload to any user accessible portions of this website, including but not limited to your name, voice, likeness and any text, video, imagery, audio and other content, for the purpose of promoting public awareness and support of our website, our grant program, artistic projects and art and artists in general. You warrant and represent that you have obtained all third party assignments, license grants, permissions and releases necessary to grant the foregoing license to AIM. You further warrant and represent that the content you upload to any user accessible portions of this website, or otherwise provide to AIM, will not infringe upon, violate or misappropriate any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property rights.

You acknowledge and agree that all other content made available to you via this website is protected by applicable copyright, privacy and publicity laws and all rights are reserved by AIM or the Artists or users who submitted such content. You acknowledge and agree that such content is provided solely for your personal viewing and use on this website and is not provided for any other purpose or use. Without limiting the generality of the foregoing, you represent and agree that you will not reproduce, publish, display or make any commercial use of any content made available to you via this website without the prior written consent of AIM or the Artists or users who submitted such content.

7.         Review and Removal of Content.

You agree that AIM reserves the right, but does not assume the obligation, to review any content, information or communications uploaded to this website, or otherwise provided to AIM, for compliance with these Terms of Use. You agree that AIM, reserves the right, but does not assume the obligation, to remove, filter, block or edit any content, information or communication, in whole or in part, for any or no reason. Notwithstanding the foregoing, you acknowledge and agree that AIM is not responsible for removing, filtering, blocking or editing any content, information or communication on this website, and that you may encounter content, information or communications on this website that you may deem offensive or unwanted. You further acknowledge and agree that you are solely responsible for installing any filtering software and implementing any protections you deem to be appropriate to protect yourself and anyone you allow to access this website, including but not limited to minor children, from accessing, viewing or receiving content, information or communications that you deem offensive or unwanted. You hereby release AIM, the Artists and the Donors from any and all claims, damages, liabilities and causes of action arising out of the removal, filtering, blocking or editing of, or the failure to remove, filter, block or edit, any content, information or communications on this website.

8.         Modification or Discontinuation.

You acknowledge and agree that AIM may modify or discontinue any or all features of this website immediately and without notice to you in its sole and absolute discretion. You further acknowledge and agree that AIM may suspend or terminate any account that you create on this website, with or without notice, for any or no reason, in its sole and absolute discretion. You hereby release AIM, the Artists and the Donors from any and all claims, damages, liabilities and causes of action arising out of the modification or discontinuation of any or all features of this website and the suspension or termination of your access to this website and/or any account that you create on this website.

9.         Use of Trademarks.

You acknowledge and agree that nothing contained in these Terms of Use shall be construed as a license to use the trademarks AIM, or any other trademark, service mark or trade name of AIM or its affiliates, or any Artist or Donor. You further acknowledge and agree that you will not reference AIM or any Artists or Donors in any promotional materials or press releases without the prior written consent of AIM or the applicable Artists or Donors, which permission may be withheld or withdrawn in the sole discretion of AIM or the applicable Artists or Donors.

10.       Third Party Websites.

This website may contain links to third party websites. Any such links are provided solely as a convenience to you, and the inclusion of any such links does not imply endorsement, sponsorship or association between AIM and any third party, product or service. Without limiting the generality of the foregoing, you agree that any such third party websites are not under the control of AIM, that AIM is not responsible for the content, products or services provided via any such third party websites, and that you are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites.

11.       Disclaimer of Warranty.

YOU ACKNOWLEDGE AND AGREE THIS WEBSITE, AND ALL CONTENT AND SERVICES PROVIDED VIA THIS WEBSITE, ARE PROVIDED ON AN AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT AIM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY CONTENT OR SERVICES, WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THIS WEBSITE OR ANY CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AIM HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

12.       Limitation of Liability.

IN NO EVENT WILL AIM, THE DONORS, THE ARTISTS OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE, YOUR UPLOADING OR DOWNLOADING OF ANY CONTENT TO OR FROM THIS WEBSITE, OR ANY DONATION THAT YOU MAKE VIA THIS WEBSITE, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED, OR FOR ANY LOSS OF PROFITS, EVEN IF AIM, THE ARTISTS OR THE DONORS WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

13.       Indemnification.

You agree to defend, indemnify and hold harmless AIM, the Donors, the Artists and their respective affiliates, officers, directors, employees and agents, from and against any and all claims, damages, liabilities and causes of action (including reasonable attorneys fees) arising out of or relating to your use of this website or your breach of these Terms of Use, including but not limited to any Prohibited Conduct.

14.         DMCA Notice.

If you are a copyright owner or an agent thereof and believe that any content, information or communication on this website infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of AIM and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the our website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices of infringement should be directed to AIM’ Designated Agent by emailing copyright@hatchfund.org.

If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on this website is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information or communication has been removed from this website due to an erroneous claim of infringement, you may have remedies available to you under the DMCA. AIM will terminate your account in the event that AIM determines in its sole and absolute discretion that you have used our website in a manner that qualifies you as a “repeat infringer” under the DMCA.

 15.       Independent Contractors.

You acknowledge and agree that AIM, the Donors and the Artists are independent contractors and that nothing contained in these Terms of User or elsewhere will be construed to create a partnership or agency agreement between AIM and any Donors or Artists. Without limiting the generality of the foregoing, you acknowledge and agree that AIM will not be held liable for any claims, damages or liabilities arising out of or relating to the acts or omissions of any Donors or Artists, or the creation, performance, publication, display, completion or inability to complete any Project.

16.       Severability.

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

17.       Jurisdiction and Choice of Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.

18.       Waiver.

A waiver by AIM of any term or condition of these Terms of Use in any instance will not be deemed or construed as a waiver of such term or condition for the future. No waiver of any breach of these Terms of Use will be considered valid unless in writing. The failure or delay of AIM in exercising any of its rights under these Terms of Use will not constitute a waiver of such rights except as specifically provided in these Terms of Use.

19.       Entire Agreement.

These Terms of Use constitutes the entire agreement and supersedes any and all other understandings and agreements between you and AIM with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on you or AIM. Although these Terms of Use may be updated or modified by AIM from time to time as set forth therein, AIM will not be bound by any other amendments or modifications to these Terms of Use unless expressly accepted in writing by AIM in a written amendment expressly referencing these Terms of Use. These Terms of Use may not be supplemented or modified by any course of dealing or trade usage.