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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (AS AMENDED FROM TIME TO TIME, THESE "TERMS") CAREFULLY BEFORE USING ANY OF THE SERVICES OFFERED BY FUNDERHUT, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY (INTERCHANGEABLY REFERRED TO HEREIN AS "FUNDERHUT" OR "WE"). THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF [FUNDERHUT.COM] (THE "WEBSITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY FUNDERHUT (COLLECTIVELY WITH THE WEBSITE, THE "SERVICE"). 


Where appropriate, the term "FunderHut" or "we" refers collectively to FunderHut and its affiliates and subsidiaries. All users of the Service are subject to these Terms, whether or not you have registered with the Service. Where the Terms are only applicable to the Creators (as hereinafter defined) or the Funders (as hereinafter defined), we have tried to indicate as such.

FunderHut does not knowingly collect any information from persons under the age of 13. If we determine that someone under the age of 13 has uploaded any content to the Service, it will be removed. If you are between the ages of 13 and 18, please ask your parent's permission before using the Service. Some Projects (as hereinafter defined) and/or rewards, also known as Kudos, (as hereinafter defined) may be subject to further age limitations established by the Creators.

1. General

1.1. Please read these Terms carefully before accessing or using any part of the Service. By accessing or using the Service, you agree that you have read, understood and agreed to be bound by these Terms, as well as the FunderHut Privacy Policy, which is hereby incorporated into these Terms by reference. If you do not agree to these Terms, please do not access or use any part of this Service. 

1.2. FunderHut may revise and update these Terms at any time without notice by posting revised and amended terms and conditions to the Service. Your continued use of this Service means that you accept and agree to any revised and amended terms and conditions as posted. If you disagree with the revised and amended terms and conditions, or are dissatisfied with the Service, your sole and exclusive remedy is to discontinue using the Service. It is your responsibility to regularly check the Service to determine if there have been changes to these Terms.

1.3. The Service allows donors (collectively the "Funders") to pledge money to businesses or individuals (collectively the "Creators") such that the Creators can complete their projects (collectively the "Projects"). In exchange for a pledge by a Funder, a Creator may provide incentives to such Funder in the form of products, merchandise, or services (collectively the "Kudos"). FunderHut oversees collection of payment on behalf of the Creators from the Funders and processing of such payment by the payment processor designated by FunderHut (the "Processor"). It is a violation of these Terms to post a false or misleading Project or Kudos or to post false or misleading information in the description of your Project or the applicable Kudos.

2. Projects and Kudos

2.1. You will first create a profile page and post a "Funding Request." To post a Funding Request, set your goal for the total Contributions (as hereinafter defined) you wish to raise (the "Goal") and the date by which you'd like to raise the proceeds (the "Deadline"). You will also elect whether the Funding Request will be variable in nature (a "Variable Funding Request") or fixed in nature (a "Fixed Funding Request"). A Variable Funding Request allows the Creator to keep the Contributions raised even if such Creator does not reach the Goal by the Deadline. A Fixed Funding Request refunds all Contributions to the Funders if such Creator does not reach the Goal by the Deadline.

2.2. Regardless of whether you are a business or individual, you will be required to designate the legal person or entity to which funds will be directed (the "Project Entity"). By providing the name of your Project Entity to FunderHut, you represent and warrant that you are an authorized representative of the Project Entity with the authority to bind the Project Entity to these Terms, that the Project Entity is the legal person or entity responsible for the Project and accountable for the use of any proceeds raised for it on the Service, and that you accept the Terms on the Project Entity's behalf.

2.3. To receive financial contributions to support your Project (collectively the "Contributions"), your Project Entity must establish an account (a "Funding Account") with the Processor at the time you post your Project. You understand and agree that your Funding Account will be governed by your agreement with the Processor, and that FunderHut shall have no liability for your Funding Account or your transactions or interactions with the Processor.

2.4. All Contributions made to a Project will be directed to the Project Entity's Funding Account, less processing fees retained by FunderHut, including processing fees to be paid by FunderHut to the Processor, and subject to whether such Project is using a Variable Funding Request or a Fixed Funding Request. If the Project is using a Variable Funding Request, and the Creator reaches the Goal by the Deadline, FunderHut will retain 5%. If the Project is using a Variable Funding Request, and the Creator does not reach the Goal by the Deadline, FunderHut will retain 7.5%. If the Project is using a Fixed Funding Request, and the Creator reaches the Goal by the Deadline, FunderHut will retain 5%. If the Project is using a Fixed Funding Request, and the Creator does not reach the Goal by the Deadline, FunderHut will not retain any processing fees, and all Contributions will be returned to the Funders. All Contributions paid to a Project Entity will constitute "Project Funding," and the FunderHut fee and all other Project Funding requirements will apply as set forth above. Neither FunderHut nor the Processor is responsible for any error or omission in the Funding Account information you provide.

2.5. When you reach the Deadline, your Funding Request will automatically close and no more Contributions will be accepted for your Project.

2.6. You shall be responsible for applicable taxes for all Project Funding paid to you, and for compliance with all applicable labor and employment requirements with respect to your Project Entity, and with respect to your employees and contractors, including state worker's compensation insurance coverage requirements and any U.S. immigration visa requirements. You agree to indemnify, defend and hold FunderHut and the Processor 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 FunderHut by the relevant taxing authorities with respect to any Project Funding paid to you.

2.7. FunderHut makes no guarantee regarding the number or amount of Contributions, or the amount of any Project Funding payment to be made to you.

2.8. Each Kudos may contain certain conditions and limitations, such as geographic, redemption date (i.e. "blackout dates") or expiration date limitations. You may not redeem any Kudos in violation of the restrictions governing the Kudos and no refunds shall be made to you in the event that you violate such restrictions. Unless expressly stated otherwise in a Funding Request, the Kudos are not redeemable in partial amounts. To the extent allowed by applicable law, the Kudos may not be resold or otherwise transferred. Each Kudos is redeemable once unless otherwise stated. State or federal laws may prohibit a Creator from setting an expiration date for a Kudos. To the extent that the laws of a jurisdiction limit the setting of any expiration date, the terms of any Kudos offered in such jurisdiction will be limited to the maximum extent permitted by applicable law.

2.9. Once FunderHut has processed payment, all further communications and transactions must be made between the Funder and the Creator. You understand that FunderHut does not operate or control the products, merchandise or services offered by the Creators. The Creators are responsible for all aspects of order processing, fulfillment, billing and customer service related to the products, merchandise and services they offer, including but not limited to the Kudos. The Creators and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on the Service are accurate and comply with applicable laws. The Creator agrees not to initiate communications with the Funder via e-mail except with respect to the fulfillment of the Kudos.

3, Contributions

3.1. You may contribute to any Project with an open Funding Request in any amount you choose. You may contribute to as many Projects as you like.

3.2. It is your choice, and your choice alone to contribute to a Project. You understand that making a Contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, distribution or other equity or creditor rights, and that the Project Entity shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits FunderHut's right to enter into agreements or business relationships relating to Projects.

3.3. FunderHut does not guarantee that any Project's Goal will be met. FunderHut does not warrant the use of any Project Funding or the outcome of any Project.Contributions to Projects are nonrefundable, except in situations where the Creator has elected a Fixed Funding Request and does not meet the Goal by the Deadline, in which case FunderHut will refund all Contributions to the Funders. You acknowledge and agree that all of your Contributions are between you, the Project Entity, and the Processor only, and that FunderHut is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Project Entity or the Processor. FunderHut makes no representations regarding the deductibility of any Contribution for tax purposes. Please consult your tax advisor for more information.

4. Accounts

4.1. In order to use or access the Service, you may be required to provide personal information (such as identification or contact information) as part of the registration process, or as part of your continued use of the Service. You agree that any registration information you give to FunderHut will be and will remain accurate, correct and up to date. Please refer to FunderHut's Privacy Policy for information regarding the collection and use of your personal information.

4.2. Accounts on this Service are protected by a username and password. You are fully responsible for all activities conducted through your account. You are responsible for maintaining the confidentiality of your username and password and for any use of your username or password to gain access to your account and your account information. You must notify FunderHut immediately of any breach of security or unauthorized use of your account. While FunderHut will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of FunderHut or others due to such unauthorized use. If you disclose your username or password to any other person or entity, it is at your own risk.

4.3. Connecting by using any third party credentials, such as social networks, may enable FunderHut to access information as well as in some cases post to a social network feed on your behalf. These connections are subject to the rules, user agreements and acceptable use policies of such social networks, as the case may be. You can revoke a connection to FunderHut at any time by logging in to the respective social network and disallowing it to communicate with FunderHut.

4.4. FunderHut will communicate with you by electronic means, such as e-mail or through the Service. You give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may also use your e-mail address to send you other messages, including changes to the features of the Service and provide your e-mail address to the Creator of a Project you have provided Contributions to so such Creator can facilitate delivery of the applicable Kudos.

5. Conduct

5.1. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through this Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.

5.2. You specifically agree not to upload, post, transmit, share, store or otherwise make available on this Service:

  1. material that is protected by copyright without permission from the copyright owner;

  2. material that is defamatory, indecent, obscene, harassing, violent, threatening, invasive of another's privacy, harmful to minors in any way, degrading, intimidating, hateful or otherwise objectionable;

  3. material that is pornographic, sexually-explicit, or includes links to material that is pornographic or sexually?explicit;

  4. material that involves commercial activities or sales outside the scope of the Project (including, but not limited to, material regarding contests, sweepstakes, bartering, or advertising);

  5. any private information of any third party, including, but not limited to, addresses, Social Security numbers and credit card numbers;

  6. material that contains software viruses, corrupted data, or any other computer code, files or specifications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  7. content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

  8. material that employs misleading e-mail addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of the content;

  9. material that constitutes "spam," a chain letter, or the like; or

  10. any other material that, in the sole judgment of FunderHut, restricts or inhibits anyone's use or enjoyment of this Service, or which, as determined by FunderHut, may harm FunderHut or the users or expose FunderHut or the users to liability.

5.3. You further specifically agree not to do any of the following:

(a) use this Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;

(b) register for more than one user account or register for a user account on behalf of an individual other than yourself (unless such individual is the Project Entity);

(c) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

(d) use or attempt to use another's account, service or system without authorization from FunderHut;

(e) solicit personal information from anyone under eighteen (18) years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;

(f) intercept or attempt to intercept e-mail not intended for you;

(g) restrict or inhibit use of the Service by others;

(j) collect information about others (including e-mail addresses) without their consent for third?party services or communication;

  1. obscure or efface any banner advertisements on the Service through any means;

  2. engage in any automated use of this Service, including, without limitation, using scripts, spiders, offline readers, etc. to send comments or messages or to post content;

  3. download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over this Service or that you have a contractual obligation to keep confidential;

  4. post an unauthorized commercial promotion on this Service, or accept payment or anything of value from a third party in exchange for your performance of any commercial activity;

  5. intimidate, stalk, degrade or harass another user; or

  6. engage in any other conduct that, in the sole judgment of FunderHut, restricts or inhibits anyone's use or enjoyment of this Service, or which, as determined by FunderHut, may harm FunderHut or the users or expose FunderHut or the users to liability.

5.4. The Service may allow you to post comments regarding, and submit ratings on the Creators, the Projects and/or the Kudos. These comments and ratings are publically accessible. FunderHut may delete comments or ratings at its sole discretion, including if alerted by a Creator that such content is false, misleading or irrelevant.

5.5. Your failure to comply with the provisions of these Terms, including but not limited to this Section 5 above may result in the suspension or termination of your access to this Service and may expose you to civil and/or criminal liability.

6. Links to Third Party Websites and Applications

This Service may contain links to websites or other applications. FunderHut is not responsible for and does not endorse the content, products, merchandise, services or practices of any third-party websites or applications, including, without limitation, websites or applications framed within this Service or third-party advertisements, the websites or applications of any Funder, and/or the websites or applications of any Creator, and does not make any representations regarding their quality, content or accuracy. Your use of third-party websites or applications is at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party websites to which you navigate from this Service or relating to any applications you use or install from any third-party websites.

7. Intellectual Property Rights

8.1. The entire contents of this Service (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to FunderHut or its licensors and are protected by U.S. and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on this Service for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Service without the prior written consent of FunderHut, except to: (a) store copies of such materials temporarily in Random Access Memory, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of this Service; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. You may not disassemble, reverse engineer or otherwise attempt to discover any code contained in this Service. Neither the title nor any intellectual property rights to any information or material on this Service are transferred to you, but remain with FunderHut or the applicable owner of such content. Except as expressly authorized by FunderHut in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Service, (ii) access to this Service, or (iii) use of this Service or materials available through this Service.

8.2. FunderHut's name, logo and all related names, logos, product and service names, designs and slogans are trademarks of FunderHut. You may not use such marks without the prior written permission of FunderHut. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.

8.3. You grant to FunderHut a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (a) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, copy, feature, market, sell, distribute and otherwise fully exploit your submissions regarding your Project and the applicable Kudos and any of your Comments (as hereinafter defined), and your trademarks, service marks, slogans, logos and similar proprietary rights in connection with (i) the Service, (ii) FunderHut's business, (iii) promoting, marketing and redistributing the Service.

9. Shared Information

9.1. You acknowledge and understand that the character of certain information you provide to this Service, in the course of using this Service, is such that it is intended to be disclosed in a variety of ways by this Service, and consequently such information will be treated as non-confidential. Other information, such as credit card information provided in connection with the funding of a Project, is stored with customary and appropriate privacy and security protections. You agree that information provided to the Service in connection with the funding of a Project, other than your credit card information, may be disclosed by the Service to the Creator, the Processor and other third parties for their commercial purposes including to anticipate demand for and issue the Kudos. The Creator, the Processor and such other third parties are responsible for use of this information and agree not to use e-mail communications with the Funders excessively and to abide by all stipulations of the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, as amended from time to time).

9.2. FunderHut welcomes your comments. All comments, suggestions, questions, ideas, or other information sent by you to FunderHut with respect to any Projects, Kudos and the Service in general (collectively your "Comments") will become FunderHut's property and you agree that all intellectual property rights therein are transferred to FunderHut. FunderHut is entitled to the unrestricted use and dissemination of your Comments for any purposes, commercial or otherwise, without acknowledgment or compensation to you. You further understand that any postings, or content submitted for posting, to publicly available portions of the Service, including but not limited to Funding Requests and any descriptions of any Projects, Kudos, Creators or Funders, are non confidential for all purposes and may also be used by FunderHut for any purposes, commercial or otherwise, without acknowledgment or compensation to you.

10. Limited Warranty

10.1. THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, ALL CONTENT, AND THE OFFERS AND DEALS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FUNDERHUT MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO: (A) THE SERVICE; (B) THE PROJECTS AND/OR THE KUDOS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE; (C) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, PRODUCTS, MERCHANDISE, OR SERVICES PROVIDED BY ANY PARTY; (D) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL, OR DATA TRANSMITTED BY THE USERS TO THE SERVICE; OR (E) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED WEBSITE.

10.2. FUNDERHUT DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUNDERHUT DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, FUNDERHUT SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE, OR THE PROJECTS OR THE KUDOS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE. FURTHER, FUNDERHUT DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION, BUT WILL OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Limitation of Liability

WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF SERVICE, FUNDERHUT FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL FUNDERHUT OR ITS MANAGERS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES (OR THE MANAGERS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF THE AFFILIATES OR SUBSIDIARIES OF FUNDERHUT) (COLLECTIVELY, THE "FUNDERHUT PARTIES") BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE OR ANY PROJECT OR ANY KUDOS; (B) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS, MERCHANDISE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE KUDOS OR THE OTHER PRODUCTS, MERCHANDISE OR SERVICES OF THE CREATORS; (C) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, OR PRODUCTS, MERCHANDISE OR SERVICES PROVIDED BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE CREATORS; OR (D) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SERVICE, EVEN IF FORESEEABLE OR EVEN IF THE FUNDERHUT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, THE FUNDERHUT PARTIES' LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PLEDGED IN CONJUNCTION WITH THE PROJECT UNDER WHICH SUCH CLAIM FIRST AROSE. THE FUNDERHUT PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE FUNDERHUT PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SERVICE.

12. Indemnification

You agree to indemnify, defend and hold harmless the FunderHut Parties, third party information providers, licensors, contractors and others involved in the Service or the delivery of products, merchandise, services or information over the Service, from and against any and all liabilities, expenses, damages and costs, including but not limited to reasonable attorneys' fees, arising from or related to (a) any violation by you of these Terms; (b) your use of this Service or any products, merchandise, services or information obtained from this Service, including but not limited to the Kudos; (c) any content that you upload, post, transmit, share, store or otherwise make available on this Service, whether the content was created by you or created by a third party, including but not limited to your Comments, the Funding Requests, and any descriptions of any Products, Kudos, Creators and/or Funders; (d) your conduct in connection with this Service or in connection with other users of this Service; or (e) any violation of any law or the rights of any third party.

14. Miscellaneous

14.1. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles. With respect to any disputes or claims, you acknowledge and understand that exclusive jurisdiction over any cause of action arising out of these Terms or your use of this Service shall be in the state or federal courts located in Chicago, Illinois. You agree to submit to the jurisdiction of such courts, and you hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such foregoing state and federal courts.

14.2. Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Service are incorporated by this reference into these Terms for all purposes, including but not limited to the FunderHut Privacy Policy. These Terms, including any items incorporated by reference pursuant to the foregoing, and the FunderHut Privacy Policy, completely and exclusively state the agreement between you and FunderHut with respect to this Service, and no other terms that may have been communicated to you in any manner shall have any force or effect. Neither a course of dealing or conduct between you and FunderHut nor any trade practices shall be deemed to modify these Terms. Any cause of action you may have with respect to this Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

14.3. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Service. These Terms are not assignable, transferable or sub-licensable by you without FunderHut's prior written permission. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.

14.4. If any part of these Terms is held invalid, void or unenforceable, the invalid, void or unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties and such invalid, void or unenforceable part shall be adjusted rather than voided, if possible. Regardless, the other provisions of these Terms shall remain in full force and effect.

14.5. FunderHut's failure to insist upon or enforce strict performance of any provision of these Terms shall not constitute a waiver of such provision.

14.6. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has the authority of any kind to bind any other in any respect.

15. Copyright Complaints

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of such other person or entity. Under these Terms, your access to this Service may be terminated if you infringe the intellectual property rights of others. If you believe that your work has been copied and posted on this Service in an infringing manner, please provide us with the following: (a) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that has allegedly been infringed; (c) a description of the work that you allege is infringing and a description of where such work is located on the Service; (d) your contact information, including 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; and (f) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner (or authorized to act on the copyright owner's behalf).

 

 

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