Feedthearts.com Terms of Use

Welcome to Feedthearts.com, an online community that connects passionate independent artists and loyal fans, friends of the arts or family members of independent artists through a shared community of interest – film, music, video, interactive games, publishing, graphic design – in short – creativity and innovation of independent artists. The Feedthearts.com service is operated by Howudowin, Inc or “the Company”. We engage in the economic social sharing of our revenues through the use of Helping Hands allocated to Members primarily used in funding artist projects in the Deal Room as posted from time-to-time by artists through your participation and acceptance of these terms herein at Feedthearts.com

By using the Feedthearts.com Web site (the “Web site”) you agree to these Terms of Use(this "Agreement"). If you wish to become a Member and make use of the Feedthearts.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Sign Up page. This Agreement sets out the legally binding terms of your use of the Web site. This Agreement includes Feedthearts.com Privacy Policy and any notices regarding the Web site.

Eligibility.

You must be fourteen years (14) of age or over to register as a member of Feedthearts.com or to use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions.

Content Creators. Artists desiring to seek funding for their Projects through Feedthearts.com (“Project Creators”) must register as Members, but must also sign the Project Creator Agreement located in this Website.

Term.

This Agreement will remain in effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. Feedthearts.com may terminate your membership for any reason, at any time. If Feedthearts.com terminates your membership because you have breached the Agreement, your Helping Hands will be forfeited immediately and they cannot be allocated to any project. The following provisions of this Agreement shall survive any termination: “Proprietary Rights in Content in Feedthearts.com”, “Content Posted on the Site”, “Copyright Policy”, “Disclaimers”, “Indemnity”, “No Agency”, “Other”, Taxes”.

Helping Hands

Helping Hands are earned by eligible Members in good standing with Feedthearts.com by participating in offers, on-site stores, on-line shopping, banner advertising on the web site or such participation and other similar mechanisms that generate revenues for the Company and Feedthearts.com. Helping Hands carry no cash value for Members and cannot be redeemed by Members for cash or other consideration. Helping Hands can only be used to fund eligible Projects as set forth below. Helping Hands are not transferable between Member accounts. A violation of these Terms of Use that results in the termination of a Membership will also result in the immediate forfeiture of any and all Helping Hands earned or pending.

Allocation of Helping Hands: Helping Hands may be allocated and assigned to eligible Projects of Project Creators. The number of Helping Hands to be allocated is determined by the posted budget for the project in the Deal Room, Artist Store and or by special offers made by Feedthearts.com from time to time at its sole discretion. More than one fan/Member may allocate points to a Project. Upon reaching the funding level of the Project (based on the posted budget in the Deal Room), no additional Helping Hands may be allocated to said project. The project is now set for production through a Feedthearts.com production partner(s).

Use by Members.

Passwords and compiled names, photos, links and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by any means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site are prohibited. Such violations will be investigated, and Feedthearts.com reserves the right to take appropriate legal action.

Proprietary Rights in Feedthearts.com.

Feedthearts.com owns and retains all proprietary rights of the Web site and the Service. The Web site contains copyrighted material, including links and compilations of individual data, trademarks and other proprietary information of Feedthearts.com and others. Except for that information that is in the public domain or for which you have received written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any of the content on this Website.

Content Posted on the Site.

You understand and agree that Feedthearts.com is under no obligation to monitor or review content posted to the Service, but may review and delete any content, messages, photos or profiles that in the sole judgment of Feedthearts.com violates this Agreement or which might be offensive, illegal, harmful, abusive or in violation of the rights of Members.

Your profile must accurately and truthfully describe you as a condition of membership. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

You are solely responsible for the content that you publish or display on the Service, or transmit to other Members. Rights in material provided by Project Creators is determined in accordance with the Project Creator Agreement TOS.

By posting any content in any form that is covered by intellectual property (IP) rights (IP Content) to any public area of Feedthearts.com, you fully indemnify Feedthearts.com, it’s affiliates, partners, agencies and advertisers and warrant your full ownership in total of said published information, data, video, media, images or the like and shall pay all legal defense fee’s on behalf of Feedthearts.com in the event you have violated a third parties Intellectual Property rights, copyrights, trademarks, trade secrets or the like.

Feedthearts.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators and the forfeiture of any or all Helping Hands. This includes, but is not limited to, content that: is patently offensive to the online community, content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; content that harasses or advocates harassment of another person, involves the transmission of "junk mail", "chain letters," unsolicited mass mailing or "spamming"; promotes information that is false, misleading or pertains to illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work; contains restricted or password only access pages, or hidden pages/images/meta tags (those not linked to or from another accessible page); content that is threatening, lewd, indecent, sexting or pornographic; or contains genital nudity or graphic or gratuitous violence; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without our prior written consent; solicits people you don't know to add you or accept you as a friend fan on Feedthearts.com. Even though all of this is strictly prohibited, there is a chance that you may become exposed to such items. By agreeing to these terms you waive any claim against Feedthearts.com in such an instance.

You must use the Service in a manner consistent with any and all applicable laws and regulations.

In order to be eligible for a cash payment on successful funded Projects, the Company requests Members to include in Member profile: First and last name , addresses, telephone number and email address. (Please read “About Us” as to why this registration information is important and accuracy is required.) This information will be held confidential and secure by the Company and will not be visible on your profile to other members of the website. We do not disclose this information in any form to any other party unless required to do so under subpoena by a court of law having appropriate jurisdiction.

You may not transmit any chain letters or junk email to other Members. Although Feedthearts.com cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, intimidate, threaten to harm, or harm another person.

It is also a violation to contact, advertise, solicit, or sell to any Member without their prior consent by the Company. In order to protect our Members from such advertising or solicitation, Feedthearts.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period. The number is set at the discretion of Feedthearts.com.

Copyright Policy.

You may not in any way post, distribute, or reproduce copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner. As a Member you hereby agree to indemnify the Company and or Feedthearts.com of any reproduced copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner. You hereby indemnify the Company and or Feedthearts.com for any and all liabilities, penalties, fines, damages, consequential damages exemplary, incidental, special or punitive damages and attorney fee’s if you violate this copyright policy.

Digital Millennium Copyright Act (DMCA) Policy.

Without limiting the foregoing, if you believe that your original work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, a description of the copyrighted work that you claim has been infringed, a description of where the material that you claim infringement upon is located on the Web site as well as your address, telephone number and email address. You must also submit a written personal statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a personal statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or an authorized party acting on the copyright owner's behalf. Feedthearts.com Copyright Agent can be reached at copyright@feedthearts.com

Member Disputes.

You are solely responsible for your interactions with other Feedthearts.com Members. Feedthearts.com, Inc. reserves the right, but has no obligation to monitor disputes between Members. Civil discourse and polite communication and conduct is an expected behavior by all Members. In the sole judgment of Feedthearts.com, should a dispute rise to a matter of our attention whereby civil discourse and polite communication is not evident in our view, Feedthearts.com may immediately cancel a membership(s) and forfeit all Helping Hands in a parties account with or without notice.

Privacy.

Use of the Web site and/or the Service is also governed by our Privacy Policy. Please read.

Disclaimers.

Feedthearts.com is not responsible for any incorrect or inaccurate content posted on the Web site or connected to the Service. Feedthearts.com is not responsible for the conduct, online or offline, of any user of the Web site or Member of the Service. Feedthearts.com assumes no responsibility for theft, destruction, unauthorized access to or alteration of user or Member communications. Feedthearts.com is not responsible for any problems or technical malfunction of any telephone networks/lines, computer online systems, servers/providers, computer equipment, hosting, software, or email or players on account of technical problems or traffic congestion on the Internet, even if damage to a user’s computer occurs while downloading material on the Web site. Under no circumstances will Feedthearts.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any content posted on the Web site or transmitted to Members, or any interactions between users, whether online or offline. The Web site and the Service are provided "AS-IS" and Feedthearts.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company and or Feedthearts.com cannot guarantee and does not promise any specific results from use of the Web site and the Service. The Service may be temporarily unavailable at times for maintenance or other reasons. No advice or information, whether oral or written, shall create any warranty not expressly stated herein.

Feedthearts.com may provide links to third-party Web Sites. We do not recommend and do not endorse the content on any third-party Web Sites. Feedthearts.com is not responsible for the content of linked third-party sites or sites framed within this Web Site and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites.

Limitation on Liability.

Except in jurisdictions where such provisions are restricted by law, in no event will Company or Feedthearts.com be liable to you or any third person for any damages, including indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Web site or the Service, even if Feedthearts.com has been advised of the possibility of such damages. To the extent this limitation of liability is prohibited or fails in its essential purpose, Feedthearts.com’s liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid by you to Feedthearts.com, if any, for the Service during the term of membership.

Disputes.

This Agreement is governed by the laws of the State of New York without regard to any conflict of law provisions. If there is any dispute about or involving the Web site and/or the Service, you agree to personal jurisdiction in the state and federal courts sitting in New York City, State of New York.

Indemnity.

You agree to indemnify and hold Feedthearts.com, its parent, subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement or any breach of your representations and warranties set forth above.

No Agency.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Company or Feedthearts.com and any Member of the Service.

Other.

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire contract between you and Feedthearts.com regarding the use of the Web site and/or the Service. The failure of Feedthearts.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The failure of Feedthearts.com to partially or fully exercise any rights or the waiver of Feedthearts.com of any breach of this Agreement by you, shall not prevent a subsequent exercise of such right by Feedthearts.com or be deemed a waiver by Feedthearts.com if any subsequent breach by you of the same or any other term of this Agreement. Please contact admin@Feedthearts.com with any questions regarding this agreement. (You must enable JavaScript to view the address.)

Feedthearts.com, “Economic Social Sharing” and “Helping Hands” are service marks of HOWUDOWIN, INC.

The Company and or Feedthearts.com may modify, change, alter these Use from time to time and said modifications shall become binding upon Members 30 days after it is posted on the Website. Terms of Use may also change as the result and effectuation of changes in law. If these Terms of Use are changed, we will reasonable make efforts to publicize that fact on this Website. Your continued use of this Website after the 30-day period will constitute your agreement to the changes.

Taxes

Members are responsible for any and all tax liabilities resulting from payment by Feedthearts.com.

By participating on Feedthearts.com states that I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE