Terms of Service
(1) AUTOMATIC ACCEPTANCE OF TERMS
Welcome to HelpFeedTheHungry.org (hereafter referred to as "HFTH"). HFTH requires that all visitors (collectively known as "Users") to the website ("Site") hereby agree to the terms and conditions set forth in this Terms of Service ("TOS") User Agreement, which may be updated by HFTH from time to time without notice to you. Users can review and save/print the most current version of the TOS at any time at: http://www.HelpFeedTheHungry.org/tos. You should carefully review the following terms and conditions. BY USING THE SITE, YOU INDICATE YOUR ACKNOWLEDGEMENT AND AGREEMENT TO THE THIS TOS USER AGREEMENT. IF YOU DO NOT AGREE, YOU MAY OPT TO NOT USE THE SITE. In addition, when using HFTH, you shall also be subject to any guidelines or rules which may be posted and added from time to time and hereby incorporated by reference into this TOS.
By using HFTH you agree to not hold HFTH responsible for others' content or actions. While HFTH does attempt to take measures so the Site is maintained as nice as practicable, by using the Site you acknowledge that HFTH has no control over, and does not guarantee, the quality, safety or legality of Users of this Site, the truth or accuracy of content, listings, or the ability to flawlessly perform the stated objective (alerts can be made by Users to HFTH using the Contact submission).
(2) DESCRIPTION OF HFTH
HFTH is a simple, user-friendly food voucher website-based application that provides an online tool to individuals located in the United States who are hungry to receive free food from participating restaurants. As used herein, "REST" is a participating RESTAURANT that creates a HFTH member account, and then creates a HFTH food voucher or vouchers (creating a member account and food vouchers are free of charge) and the REST’s set the amount (USD) for their voucher(s) (maximum price capped at $13 USD). Voucher purchases are all transacted through PayPal, so therefore an active PayPal account is required to utilize HFTH in order for REST’s portion of monies resulting from voucher purchases made can be transferred by electronic money transfer to participating RESTs PayPal account. HELPERS can search the home page for voucher(s) available in their U.S. Zip Code and purchase them to give away to those in need who are hungry.
(3) SERVICES PROVIDED BY HFTH
Further service understandings: unless explicitly stated otherwise, any new features that change or enhance HFTH, shall also be subject to these TOS. As a HFTH User you understand and agree that HFTH is provided AS-IS and that HFTH assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalized settings.
(4) PAYMENT PROCESSING INFORMATION
When transacting via PayPal it is necessary that HFTH Users be subject to and adhere to the terms of the applicable PayPal User Agreement and PayPal Acceptable Use Policy. HFTH is not affiliated with PayPal, and neither is the agent nor employee of the other, and neither is responsible in any way for the actions or performance (or lack of) of the other. The terms of this TOS shall not in any way supersede the terms of any other service provider for using their service, nor shall the terms of service of any other service provider supersede the terms of this TOS with respect to HFTH.
By using HFTH, all Users agree to HFTH withholding HFTH's 'administration / transaction / processing / costs-recovery' fee prior to any money(ies) being transferred via PayPal, in addition to PayPal's transaction fee. For detailed information on HFTH fees see the Fee Schedule section below.
RESTs accept the responsibility to provide refunds to HELPERs at their own discretion. HFTH will NOT be held liable for refunds or lack thereof.
HFTH makes its best effort to transfer all voucher funds received via PayPal money-transfer to Recipient's PayPal account within 10 to 15 business days after receiving and cleared PayPal payment.
HFTH reserves the right to change the amount of, or basis for determining, any transfer of donation payments, and to institute new fee schedule – for example, due to a change in PayPal’s service fees - effective upon prior notice to you by email to HFTH User's PayPal account email address provided to HFTH (*check your spam folder) whenever a HFTH REST Member Account is created, or voucher purchased by HELPER. In addition, from time to time the provided services may change, without prior notice.
(5) FEE SCHEDULE
HFTH uses PayPal to collect money from HELPERs and transfers monies directly to the PayPal account of the intended REST. In providing this service, HFTH charges the REST a processing fee which is deducted prior to transferring each REST’s portion to the REST's PayPal account.
Every HFTH ‘food voucher’ is free to create
RESTs pay no fee
Each REST voucher cost (USD) will have subtracted PayPal’s processing fee of 2.9% + $0.30 flat fee (*refer to current PayPal Fee chart) + HFTH’s service fee of $0.50 flat fee to operate the website.
Again, HFTH reserves the right to change the amount of, or basis for determining, any transfer of donation payments, and to institute new fee schedule – for example, due to a change in PayPal’s service fees - effective upon prior notice to you by email to HFTH User's PayPal account email address provided to HFTH (*check your spam folder) whenever a HFTH REST Member Account is created, or voucher purchased by HELPER.
(6) MODIFICATIONS TO THE USER AGREEMENT
HFTH reserves the right, at our discretion, to change, modify, add or remove portions of this TOS User Agreement at any time. It is each User's responsibility to check this TOS periodically for changes. User's continued use of the Site after the posting of changes constitutes User's binding acceptance of such changes. Amended terms shall automatically be effective after they are initially posted on the Site. Please note that the terms of 3rd party service providers associated with HFTH may also change, and HFTH has zero control over that, so Users are additionally responsible to check and confirm USER’s are in agreement with 3rd party service providers’ changes.
(7) AVAILABILITY OF THE SITE
The Site may contain features or services that may be discontinued at any time without notice. The features or services on the Site may be out of date, and HFTH makes no commitment to update these materials on the Site.
(8) ELIGIBILITY TO USE THE SITE
By using the Site, you represent and warrant that (1) all of the information you submit is current, truthful, complete and accurate during the initial registration and continued use of the Site (for example, all vouchers must be made by real RESTs in existence so able to fulfill each voucher’s offer (a binding offer)); (2) you warrant you will not attempt any prohibited financial activity(ies) while using HFTH, including the consequences of committing wire fraud (18 U.S. Code § 1343); (3) your use of the site does not violate any applicable law or regulation; (4) you are at least 18 years of age and a U.S. citizen; and (5) you will not perform any activity(ies) while using HFTH that violates the PayPal Acceptable Use Policy. HFTH may at its sole discretion and at any time terminate your privilege to use this Site for any other reason. HFTH is not liable for any losses or damages incurred by you as a result of the termination of your HFTH account or refusal to access the service HFTH provides.
You are responsible for maintaining the confidentiality of your HFTH account, and Users are fully responsible for all activities that occur in your HFTH account. HFTH utilizes Wix.com, Inc. to host the website, so HFTH cannot be liable for Wix.com security breaches beyond HFTH’s control. Users agree to immediately notify HFTH of any unauthorized use of your HFTH account or any other breach of security as it relates to HFTH by using the Contact submission. HFTH cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
(10) HFTH RESTAURANT ACCOUNTS
HFTH requires all RESTs who wish to participate and offer food from each’s restaurant toward the hungry to sign-up and create a HFTH Member account by completing all required fields on all registration web forms on the Site. As part of the registration process, you agree to provide: (a) information about yourself that is current, truthful, complete and accurate; and (b) update this information so as to maintain its accuracy.
Multiple accounts are prohibited. You agree to have only one HFTH REST account. You agree to Logout from your account at the end of each session and to take all reasonable precautions to prevent others from using your account.
Vouchers cannot be exchanged for money value. Each voucher advertises 'disclaimer' that "No Loitering is Allowed" and "Any restaurant may choose the right to refuse service." RESTs are encouraged to provide as healthy food options as possible.
Once a REST posts a voucher(s) for sale and if/when any are bought, the REST then is solely responsible to honor that binding agreement - HFTH has no physical means to 'retract' vouchers sold and the PDF emailed to HELPERs beyond that point in time.
(11) ADDITIONAL PROVISIONS SPECIFIC TO HFTH ACCOUNTS
By clicking the "Let’s Do This!" button or ‘Sign-up' link or 'Sign-in' link, you indicate that you understand and agree to the terms in this TOS.
(12) ADDITIONAL PROVISIONS SPECIFIC TO HFTH HELPERS
By clicking the "Find Vouchers" and/or the "Pay" buttons, you indicate that you understand and agree to the following terms that apply to HELPERS:
By attempting to and/or completing a purchase of a food voucher via HFTH, you represent and warrant that: (a) You are a U.S. Citizen and 18 years of age or older; and (b) any purchase you make is legal in your jurisdiction. HFTH will not be held liable for any loss or damages due to non-compliance. Additionally, by using HFTH services you understand and agree that your use of the Site and use or reliance upon any of the content through the Site is solely at your own risk. While HFTH attempts to take reasonable efforts to review voucher opportunities for compliance with the HFTH eligibility requirements, ultimately HFTH does not verify, endorse, or control any of the information on the Site (outside of official documentation like these TOS).
(13) User Conduct
In connection with User submissions, you affirm and/or warrant that:
You own, or have the necessary licenses, rights, consents, and permissions to use, and thereby authorize HFTH to use, all patent, trademark, copyright, or any other proprietary rights in any and all of your User submissions.
In connection with User submissions and use of HFTH, you further agree that you will NOT:
(a) Submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or you have permission from the rightful owner to post any and all material in question and grant HFTH all necessary licensing rights;
(b) Publish falsehoods or misrepresentations that could harm HFTH or any third party;
(c) Upload, post, email, transmit, submit or otherwise make available any information or content that is unlawful, harmful, false, inaccurate, misleading, defamatory, libelous, threatening, harassing, hateful, racially/ethnically or religiously offensive, vulgar, obscene, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate or objectionable;
(d) Interferes with another user's rights to privacy;
(e) Displays sexually explicit material of any kind;
(f) Harm minors in any way;
(g) Distribute or post spam, chain letters, advertisements, promotional materials, pyramid schemes or solicitations of business;
(h) Harvest or otherwise collect information about users, including email addresses, without their consent; or
(i) Impersonate another person or entity;
(j) Collects, stores or solicits user's personal information for commercial or unlawful purposes without the consent of HFTH;
(k) Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable law or regulation;
(l) Contains any personally identifiable information about another use without that person's express consent;
(m) Uses false or misleading e-mail addresses or attempts to disguise the origin or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through HFTH;
(n) Posts any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
(o) Posts any materials that may damage the operation of a computer (such as a virus worm or Trojan horse);
(p) Advertises or sells any goods or services;
(q) Intentionally or unintentionally violate any applicable local, province, state, national or international law; or
(r) Stalk or otherwise harass another.
You understand and acknowledge that HFTH does not pre-screen any content before it is posted by Users, so by freely electing to use the Site you will be exposed to User submissions from a variety of sources, and that HFTH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HFTH with respect thereto, and agree to indemnify and hold HFTH, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. Users agree to immediately notify HFTH of any unauthorized use or any other breach of security as it relates to HFTH by using the Contact submission.
(14) Prohibited Uses
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
(i) Access to the HFTH materials and the Site from territories where the contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, but not limited to, rules about intellectual property rights, the Internet, technology, data, email, or privacy.
(ii) Your use of any part of HFTH other than for approved commercial or non-commercial use is strictly prohibited.
(iii) You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it, or interfere with any other User's use of the Site.
(iv) You may not intentionally interfere with or damage the operation of the Site or any User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
(v) You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site.
(vi) You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
(vii) You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (but not limited to) for the purpose of obtaining unauthorized access to the Site.
(viii) You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission, or bypass other measures we may use to prevent or restrict access to the Site.
(ix) You may not use any meta tags or any other "hidden text" utilizing the name of the Site or associated trademarks or HFTH's name or trademarks without our express written consent.
(x) You may not deep-link to the Site and will promptly remove any links that HFTH finds objectionable in its sole discretion.
(xi) You may not use any logos, graphics, or trademarks of HFTH or those related to the Site as part of the link without our express written consent.
(xii) You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(15) REGARDING INTERNATIONAL USE
It is hereby expressed that HFTH is only intended for U.S. citizens and the U.S. market unless otherwise stated.
(16) TRANSACTIONS BETWEEN PARTIES
The HFTH Site serves as an intermediary between participating RESTs and HELPERs to purchase food vouchers intended only to be used toward the food item detailed within each voucher. If a HFTH voucher is found to be in violation of the terms of this User Agreement, HFTH reserves the right to terminate the voucher and user account and return funds to HELPER within the refund policies allowed by PayPal. A purchased HFTH voucher does not guarantee it will be used by a donated recipient. In addition, donations made utilizing HFTH in the form of purchased vouchers are nonrefundable. After HFTH transfers funds to the participating REST for each sold voucher, all further dealings are solely between the REST and the HELPER and recipient of voucher from the HELPER. By using this Site you understand and agree that HFTH shall not be responsible for any losses or damages incurred as a result of the food voucher purchase process. In the event of a dispute between Users (including but not limited to participating RESTs and the HELPERs and recipients of vouchers from the HELPERs, and any other third parties), you agree to release HFTH, its owners/operators, employees, agents, affiliates, officers, representatives, subcontractors, advisors and volunteers or anyone else who has participated in the creation, development, or delivery of this Site from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service. Again, although HFTH shall not be held liable for the actions (or lack thereof) of any donation transaction, HFTH reserves the right to terminate any vouchers that do not comply with these TOS at any time, and reserves the right to remove Users from the Site at any time and for any reason.
HFTH respects the privacy of its Users and visitors. HFTH collects REST Member account information such as names, email addresses, and other personal information from participating RESTs only when submitted voluntarily by RESTs via a REST Member account registration. This data is used solely by HFTH, and when necessary our money-transfer service PayPal, and HFTH has no interest in sharing, trading, or selling any of your private information to third parties. HFTH may utilize User's email addresses if HFTH elects to send HFTH Users an email newsletter(s) (but User's can always choose to 'opt out' or 'unsubscribe' so as to not receive future newsletters), or as stated above an update to these TOS
HFTH also collects non-personal data through the use of server-based "session variables," which HFTH uses to achieve important Site functionality, including the recognition of logged-in Users. HFTH may also use "cookies" (a small file or files stored by your browser on your hard drive); thus, use of HFTH may require a browser that accepts "cookies."
Our web-server also records IP addresses from all visitors to HFTH. An IP address is a number that is automatically assigned to your computer when you use the Internet. HFTH uses IP addresses to help diagnose problems with our server, to administer our site, to analyze trends, to track user movement, and to gather broad demographic information - all for the purpose of continually improving the Site and delivering personalized, custom content. IP addresses are not linked to personally identifiable information, and their collection is standard procedure in most web-server environments.
HFTH may contain links to other websites. Please note that when you click on one of these links, you are entering another website, for which HFTH is not responsible.
In addition, the money-transfer service that HFTH uses, PayPal, advertises itself as offering the highest level of secure online payment transactions for both parties.
If you have any questions about the operation of HFTH, please review Sections (2) DESCRIPTION OF HFTH and (3) SERVICES PROVIDED BY HFTH above.
(18) YOUR PROPRIETARY MATERIAL
You own all your content provided by you in connection with your use of HFTH. By using the Site, you grant to HFTH a nonexclusive, royalty-free worldwide license to use, copy, display, transmit, publish and distribute your content (trademarked or otherwise) for the sole purpose of providing the services described in this User Agreement. You also grant HFTH the right to include your name and photo(s) uploaded in press releases as well as other announcements on the Site. HFTH obtains no other right, title or interest in your content contributed to HFTH except as set forth herein.
(19) OUR PROPRIETARY MATERIAL
HFTH and its licensors shall retain all intellectual property rights in the software, data, design, tools, and any other material or content developed or provided by HFTH pursuant to this User Agreement including, but not limited to, the service HFTH provides, and any and all data, pictures, videos, text, sound, graphics, logos, marks, symbols, digital materials, and any and all other content provided by HFTH.
(20) TRADEMARK PROPERTY RIGHTS
HelpFeedTheHungry and HelpFeedTheHungry.org and abbreviated 'HFTH' logos (which may be updated and changed at any time), and any other product and service names that HFTH may present on the Site are the property of and trademarks of HFTH. Other trademarks, service marks or logos that appear on the Site may be the property of third parties and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Site does not grant you a right or license to use or reproduce any HFTH or third-party property without first receiving the express permission of both HFTH and any other property owner.
HFTH owns all of the original material and content it created for this Site. All such content is protected under intellectual property and proprietary rights laws. You may use the Site and its content and materials only for the purposes stated in this User Agreement. You may copy such content for your own personal, non-commercial use only, provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the Site's content including, but not limited to, text, graphics, logos, sound, images, photographs, video, or software is permissible without the express written consent of HFTH and where applicable, the copyright holder.
You acknowledge and agree that HFTH 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, and HFTH is not responsible or liable 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.
(23) DISCLAIMER OF WARRANTIES
HFTH makes no warranties regarding the safety of the Site and the accuracy of the content on the site. HFTH retains the right to restrict the use of the Site for any reason and at any time.
Except as otherwise expressly provided, all content, information, services and tools and on this Site are provided on an "As Is" basis. Use of this Service is solely at your own risk. HFTH expressly disclaims all warranties and conditions of any kind whether express or implied including, but not limited to, the implied warranty of merchantability, non-infringement, fitness for a particular purpose, and all implied warranties arising from statute, course of dealing, course of performance or usage of trade. HFTH makes no warranty that the content and software are accurate, timely, uninterrupted, virus-free or error-free . To the extent permissible by law, HFTH expressly disclaims any and all other warranties and makes no representation as to whether online donations are tax deductible. HFTH shall have no liability for any claim by any federal or state tax authority with respect to any characterization by you or any user on any applicable federal or state tax return.
(24) LIMITATION OF LIABILITY
You understand and hereby agree that, except as otherwise expressly stated and to the extent applicable by law, in no event will HFTH and its affiliates be liable to you or any other party for any damages including, but not limited to, direct, indirect, special, consequential, or exemplary damages, regardless of the nature or basis of the claim, resulting from any use of the site, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data, failure of performance, delay in operation of transmission, computer virus or equipment or network failure or otherwise, even if there is negligence by HFTH or an authorized HFTH representative has been advised of the possibility of such damages. you understand agree that your use of the site is conditioned upon your waiver of any right to sue HFTH and its affiliates or to participate in any class action suit for damages or losses resulting from your use of this site .
By freely choosing of your own volition to use HFTH and the service(s) the Site provides, you hereby agree and acquiesce that in no event will HFTH's liability to you for any and all of your claims against HFTH and its affiliates arising out of or related to use of this Site or its contents, or any hyperlinked web site, shall be limited to the total revenue received by HFTH in service fees resulting from your use of HFTH in the 12 months prior to the action giving rise to the claim.
You agree - at your expense - to indemnify, defend, and hold harmless HFTH and its affiliates from any and all loss, damage or liability including reasonable attorney's fees arising from any third-party claim, action or allegations of infringement based on: (1) information, content or data you submitted in connection with the Site; (2) your use of this Site in breach of any term or condition in this User Agreement; (3) any violation of an applicable law, regulation or rights of another including misrepresentation and/or fraudulent conduct; and (3) breach of your representations and/or warranties as herein set forth.
(26) PARTNER SERVICES
The Site may provide links to third-party websites or services and may link you automatically to sponsor's or third-party's websites or services. HFTH provides such links solely as a convenience to you. HFTH does not maintain, review, endorse or take responsibility for the content, products, services or other materials of linked sites. You understand and accept that by choosing to use HFTH you take full responsibility for your use of third-party websites or services.
(27) CONTENT ON WEBSITE
You are solely responsible for the content you post on the Site including, but not limited to, photos, text, videos, graphics, and personal profiles. Information, ideas or opinions posted by users of the Site do not necessarily reflect the views and HFTH and HFTH does not take any responsibility for the accuracy of any information, ideas or opinions posted by Users. HFTH shall not be liable for any damages or losses resulting from such information, ideas or opinions. As a HFTH User, you understand and agree that HFTH may terminate any fundraising event, user membership or access to use the site at any time and for any reason. By posting any information or other content on the Site, you have authorized HFTH to publish such materials in any manner desired without any obligation to compensate you or anyone else.
You further understand and agree that HFTH may monitor and delete any content that we, in our sole and absolute discretion, believe violates the terms of the this User's Agreement, or which may be illegal or offensive, or which poses a threat to the rights or safety of HFTH Users. (see Section 14, Prohibited Uses above)
(28) MAKING A PURCHASE THROUGH HFTH
Because HFTH allows Users to purchase food vouchers for a variety of hardships, not all of which may, or may not, be associated with non-profit organizations, HFTH makes no representations and does not warrant that purchases to any particular voucher are tax-deductible.
Additionally, while this HFTH TOS/User Agreement requires that all information posted to the Site by Users be "current, truthful, complete and accurate," HFTH makes no representations or warranties regarding the accuracy of any information contained in REST vouchers pages. Users use the Site entirely at their own risk. HFTH does not warrant that the information listed in a REST voucher is an accurate description of the REST. HFTH does not warrant that the information listed in RESTs' vouchers are accurate descriptions. HFTH does not warrant that REST vouchers will be honored as described (*but HFTH requests that all RESTs do (refer to Section 8 ELIGIBILITY TO USE THE SITE above; and HFTH
reminds each REST that it warrants it will not attempt any prohibited financial activity(ies) while using HFTH, including the consequences of committing wire fraud (18 U.S. Code § 1343) - beyond that creating vouchers are outside of HFTH's control, so therefore HFTH cannot be held liable. HOWEVER, HFTH *strongly* encourages Helpers to do your 'homework' and contact RESTs via their published phone number and 'vet' any REST's voucher(s) you're interested to purchase in order to confirm you're comfortable with their veracity *before* you purchase. If you have any reservations regarding the legitimacy of a particular REST voucher, DO NOT PURCHASE! REFUNDS ARE NOT AVAILABLE).
(29) FEES, INTEREST EARNED AND TAXES
Users and/or beneficiaries have full responsibility for all applicable taxes for funds paid. User agrees to indemnify, defend and hold HFTH harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on HFTH by the relevant taxing authorities with respect to any funds paid.
(30) VIOLATIONS AND TERMINATION
You agree that HFTH, in its sole discretion and for any reason, may terminate any member account (or any part thereof) you may have at the Site or your use of the Site, and remove and discard all or any part of your account or any User submission, at any time. HFTH may also, in its sole discretion, and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that HFTH shall not be liable to you or any third-party for any such termination. HFTH reserves the right to withhold and/or cancel donations to accounts prior to termination.
HFTH does not permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies HFTH may have at law or in equity.
Your account will terminate automatically after a three-month period of inactivity. Alternatively, you may terminate your HFTH REST member account at any time by using the Contact submission and stopping all use of the Site. Upon attempting to send you a confirmation of your termination to your PayPal email address on file with HFTH, HFTH will make its best effort to terminate your account within 30 business days of its receipt of such notification from you. Any funds your project has received as of the date of your cancellation request will be disbursed as specified in these TOS. The cancellation of your account is your only remedy with respect to any such dispute that you may have with us. HFTH reserves the right to withhold and/or cancel your account at any time at its discretion. We further reserve the right to withhold and/or cancel donations to accounts prior to cancellation.
Again, HFTH may in its sole and absolute discretion and without liability to users or any third-party terminate a User's use of the service for any reason without warning or prior notice.
(31) USER COMMUNICATIONS
Under this User Agreement, you consent to receive communications from the Site electronically. HFTH will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(32) NO RESALE OF SERVICE
You agree to not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of HFTH, use of HFTH, or access to HFTH, other than as provided within the scope of the service(s) HFTH provides. HFTH prohibits copying any part of these TOS by any other entity.
(33) DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
If you are a copyright owner or an agent thereof, and believe that any HFTH User submission or other content hosted on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting HFTH by using the Contact submission. Subject: COPYRIGHT VIOLATION, and a representative from HFTH will respond with the DMCA 17 U.S.C 512(c)(3) copyright violation details required, and proceed from there. (You acknowledge that if you fail to comply with all of the requirements of section 17 U.S.C 512(c)(3) notification, your DMCA notice may not be valid.)
(34) RESOLUTION OF DISPUTES
This User Agreement shall be governed by the laws of the state of California without regard to its conflict of laws provisions. You agree that any disputes or claim arising out of or in connection with this User Agreement shall be adjudicated in Marin County, California. Any provision of this User Agreement that is found to be invalid or unenforceable will be replaced by a valid and enforceable provision that achieves, as near as possible, the same objectives as the deleted provision was intended to achieve. The remaining provisions of this User Agreement shall remain in full force and effect, and superseding any prior agreements between you and HFTH. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software. The failure of HFTH to act with respect to a breach by you does not waive the right of HFTH to act with respect to similar future breaches. You may not attempt to assign or transfer any right or obligation set forth in this agreement without obtaining HFTH's prior express written consent. This agreement shall be binding upon each party's successors and assigns. HFTH shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond HFTH's reasonable control. Any notice required or given to you under this User Agreement shall be sent to the e-mail address you provided by you upon registration. Except as otherwise expressly provided, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law or in equity. It is hereby agreed that any cause of action arising out of or related to the Site between you and HFTH must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
(a) Arbitration. Any controversy or claim arising out of or relating to this TOS shall be finally settled by binding arbitration in accordance with the arbitration rules observed by the California Bar Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Marin County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and HFTH agree to submit to the personal jurisdiction of the courts located within Marin County, California. If after seeking to resolve a dispute via the arbitration guidelines detailed above, either you or HFTH may seek any interim or preliminary relief from a court of competent jurisdiction in Marin County, California necessary to protect the rights or property of you or HFTH (or its agents or affiliates) following the completion of arbitration.
Except as explicitly stated otherwise, legal notices shall be served on the Site's national registered agent or to the email address you provide to the Site during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
(37) ENTIRE AGREEMENT
This TOS/User Agreement constitutes the complete and entire understanding and agreement between HFTH and you in connection with your use of this Site, hyperlinks to the Site and the content and software displayed on the Site, and supersedes any prior agreements, proposals or understandings between you and HFTH including prior versions of the User Agreement. As a User of the Site, you understand and are held responsible for periodically reviewing the terms of this TOS/User Agreement. HFTH may update this User Agreement from time to time by posting revised versions of the Agreement on the Site without notice to you except that we will post the effective date at the top of the User Agreement. Any continued use of the software or the service HFTH provides by you after such amendments have been posted shall be deemed your acknowledgement and consent to the amended terms.
Please report any violations of this Terms of Service by using the HFTH Contact submission.
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