Terms as of August 24, 2016
This site ("Site") is created and operated by Bonfire Funds, Inc. ("Bonfire"). When you choose to use the web service(s) provided on the Site (the "Services"), you are agreeing to these Terms And Conditions between you and Bonfire.
Bonfire shall have the right, at its discretion, to change, modify, add or remove terms of these Terms And Conditions at any time without notice. While we will endeavor to post such changes, nonetheless, changes shall be effective immediately.
The Services are not intended for users under the age of 13, and Bonfire does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using the Site's public areas. Any information submitted by such users will not knowingly be used, posted, or retained by us.
YOUR CONTINUED USE OF THE SITE AND THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THESE TERMS AND CONDITIONS WILL INDICATE YOUR ACCEPTANCE THEREOF.
Bonfire may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. Bonfire may also impose limits on certain features and Services or restrict your access to parts or all of the Site or the Services provided without notice or liability.
Use of the Site or the Service is void where prohibited. This Site is intended for users who are eighteen (18) years of age or older. If you are under the age of 18, you must use this site with adult supervision. By using the Service or the Site, you represent and warrant that you are 18 or older, and that you agree to and to abide by these Terms And Conditions.
REGISTRATION DATA; SECURITY
In consideration of your use of the Site, you agree:
to provide accurate, current and complete information about you as may be prompted by any profiles or registration forms on the Site;
to maintain the security of your password and identification;
to maintain and promptly update your profile information, and any other information you provide to Bonfire, to keep it accurate, current and complete; and
to be fully responsible for all use of your account and for any actions that take place using your account.
In accessing and using various Site features, you may receive a password and account designation upon completing your profile or another registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Bonfire of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Bonfire cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Bonfire's sole discretion, and Bonfire may refer you to appropriate law enforcement agencies.
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Site. You may also provide information to the Site in other contexts, including, for example, in order to sign up for a Bonfire mailing list, to receive information and notifications, to register for Bonfire events, to subscribe to Bonfire publications and newsletters, or to enter into a sweepstakes or promotion. When you use or visit the Site or provide information to the Site in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.
The purchase of a Bonfire shirt has two components – the purchase price for the shirt, and the amount that is donated to the campaign at the end of the campaign. Whether the donation amount is tax deductible as a charitable contribution depends upon the cause itself. Some of the campaigns on our site are run by recognized 501(c)(3) organizations, but many are not. If you have questions about the deductibility of the donation portion of your purchase, or a stand-alone donation made on our site, contact your tax advisor.
Bonfire gives buyers the ability to make a donation to a campaign, via credit card, with or without ordering an item. 100% of the profit associated with a product purchase will go directly to the cause. However, for all donations without a product purchase, or in addition to a product purchase, Bonfire will retain 8% of the donation, for credit card processor fees, transactional costs, and administrative efforts. On the Bonfire site, and in any campaign statistics or communications with donors, Bonfire will show 100% of the donation amount sent by the donor. No credit cards will be charged for donations unless and until the campaign sells its minimum shirt goal quantity.
TRANSMISSION OF FUNDS TO SELLER
All funds due to the Seller will be paid by Bonfire to the Seller, via the contact and account information submitted by the Seller. You must create a PayPal account using this same contact information so that we can send you the funds via PayPal. We also reserve the right to require that Sellers provide us with a Form W9 to designate a tax ID number for the individual or entity receiving funds from a successful campaign. You agree that if we send payment to you in the correct amount Bonfire's obligation will be satisfied. You agree that you have verified your contact information, to make sure that payments from Bonfire are able to reach you.
RISK OF FRAUD OR POTENTIAL MISDIRECTION OF FUNDS
DUE TO THE RISK OF FRAUD OR POTENTIAL MISDIRECTION OF FUNDS, BONFIRE WILL NOT PROCESS OR HONOR CHANGE OF ADDRESS OR CHANGE OF ACCOUNT REQUESTS ONCE A CAMPAIGN BEGINS. AS A SELLER, PRODUCT PURCHASER, DONOR, OR THIRD PARTY BENEFICIARY, YOU AGREE THAT ANY AMOUNTS OF MONEY THAT ARE UNPAYABLE TO THE SELLER ACCORDING TO BONFIRE'S PROCESSES IN THESE TERMS WILL BE REDUCED BY BONFIRE'S COSTS OF ATTEMPTING TO MAKE PAYMENT ACCORDING TO THESE TERMS, WITH THE REMAINDER TO BE PAID TO A CHARITABLE ORGANIZATION WHICH, IN BONFIRE'S SOLE DISCRETION, IS ALIGNED WITH THE GENERAL PURPOSE OR SUBJECT MATTER OF THE CAMPAIGN.
Bonfire makes every effort to transmit funds due each Seller. In cases where the Seller fails to submit sufficient account information (PayPal account details, a completed IRS form W-9, current mailing address, correct email address, etc.), Bonfire will make a good faith effort to contact the Seller and/or Beneficiary in order to render a payment in accordance with Bonfire’s processes. If Bonfire is unable to contact the Seller and/or Beneficiary and retrieve sufficient payment information after a period of six months from the campaign’s end date, Bonfire may then deem the funds unpayable, and disperse the funds to a charitable organization of Bonfire’s choosing.
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Site, including advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to the Site, and including the selection and arrangement of the aforementioned and the "look and feel" of the Site (collectively, the "Content"), are: Copyright, Bonfire Funds, Inc. (a Virginia corporation)or third-party content providers, and are protected by U.S. and international copyright laws. All rights reserved.
All Content is protected by copyright, and owned or controlled by Bonfire, with the exception of uploaded original designs or other uploaded works of authorship, which are property of their respective owners. By uploading a design or work of authorship to Bonfire, you represent that you own that content and the rights to its commercial uses, and you agree that Bonfire may digitally represent the design or work of authorship in blog posts, remarketing advertisements, or any other marketing materials. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site. Designs and other works of authorship created by Bonfire and/or Bonfire's online t-shirt design tool, and used for a successful t-shirt campaign that prints and ships to its buyers are also the property of Bonfire. Designs and other works of authorship created by Bonfire and/or Bonfire's online t-shirt design tool will remain the property of Bonfire, unless and until some other agreement is reached for the purchase and transfer of those rights to the seller or a related party.
If you are a copyright owner or an agent thereof and you believe that any content or link on the Site infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent the following information in writing:
Your physical or electronic signature; Identification of the copyrighted work(s) at issue; Identification of the material that you claim is infringing that copyrighted work, with specific internal URLs sufficient to permit us to locate that material; Information to permit our DMCA agent to contact you, including address, telephone number and email address, together with a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and that, under penalty of perjury, you are either the owner or that you are authorized to act on behalf of the owner of the copyright you allege to be infringed. You acknowledge and agree that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.
DMCA notices should go to our DMCA Agent, who is Christopher Gatewood, c/o Threshold Counsel, PC, at 1905 Huguenot Road, Suite 200, Richmond, VA 23235, or at email@example.com
A Site user who has uploaded or posted materials that become the subject of a DMCA notice as described above may supply a counter-notification. The owner of an affected page or account, or the provider of affected content on one of our services may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. We will review such counter-notifications and may thereafter reinstate the challenged posts or material.
To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA. Please note that you will be liable for damages if you misrepresent that infringing content or an activity is not infringing. If you are not sure whether certain material infringes the copyrights of others, please contact a lawyer.
If you are a trademark owner or an agent of a trademark owner and you believe that any content or link on the Site infringes upon your trademark rights, via notice to us at this page https://www.bonfirefunds.com/trademark-takedown, with all aspects completed. By making this submission of a trademark issue to us, you represent and warrant: that you are authorized by the mark owner to do so; that you agree to be bound by electronic signature and online indications of consent; and that you are able to bind and by your submission of your trademark notice you are binding the mark's owner and related claimants to these terms for any trademark complaint. You also agree that the sole remedy of any trademark owner or claimant will be a takedown of any campaign that violates that owner or claimant's rights.
For Services that have account identifications and/or logins, Bonfire will, as warranted, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact our DMCA agent and provide information so that we can verify that the account holder or subscriber is a repeat violator.
You may not modify, copy, frame, rearrange, distribute or redistribute, reproduce, sell, publish, transmit, display or otherwise use any of the Content or any part of the Site, or remove or alter advertising, whether or not for payment or other consideration, without prior written permission from Bonfire.
In exchange for the access provided to the Content, you agree that you will not remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Site.
The Content includes logotypes, trademarks and service marks owned by Bonfire and by other information providers and third parties, none of which may be used in any manner unless approved, in advance and in writing, by Bonfire.
If you would like to request the right to use the Content for any other purpose, please contact us.
INTERACTIVE AREAS; POSTING RULES
The Site may contain interactive areas, which are provided to give users a forum to share their ideas and information, and may include campaign pages. We do not monitor the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers, addresses, your full name and hometown, or other information that can be used to identify or locate you.
Bonfire reserves the right to delete, move or edit any content posted on the Site at any time, for any reason. Without limiting this right, we have attempted to provide below guidelines to those posting content on our Site. A violation of certain of these posting rules may be referred to law enforcement authorities. When using the Site, please do not post material that:
contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or
violates any right of Bonfire or any third party; or
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; or
unfairly interferes with any third party's uninterrupted use and enjoyment of the Site; or
advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or
uploads copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; or
uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms And Conditions; or
includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; or
uploads or transmits viruses or other harmful, disruptive or destructive files; or
disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites; or
"flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
SUBMISSIONS AND USER-CREATED CONTENT
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services provided by you to Bonfire are non-confidential and shall become the sole property of Bonfire. Bonfire shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are solely responsible for the content of any submission you make to the Site.
You acknowledge that any submissions you make may be edited, removed, modified, published, transmitted, and displayed by Bonfire, in its discretion, including those it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You have no remedy for Bonfire's deletion, destruction, or removal of material from the Site that you have created or submitted.
It is a violation of these terms and in most cases will also be a violation of state and federal law to start a campaign for some other purpose than what is stated by you on our site, or to start a campaign and use the proceeds for purposes other than what it stated by you on our site. We cannot and do not investigate or authenticate campaigns as they are established. But we reserve the right at all times to temporarily or permanently remove any campaign from the Site, or to decline to print and ship shirts, to refund money to buyers, or otherwise to respond as we deem appropriate in response to a report of fraud, misleading statements, or potentially misdirected funds.
The Site may contain links and sales channels to other Internet sites, third party retailers, resources, and sponsors. Your dealings or communications through the Site with any party other than Bonfire are solely between you and that third party. Under no circumstances will Bonfire be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any complaints, concerns or questions regarding any external link to such site's administrator.
If you operate a web site and wish to link to the Site, you may link only to the homepage http://BonfireFunds.com or directly to any T-shirt sales campaign on the site. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site without our express written consent. You may not alter or modify in any way, the Site, including using any software to suppress or alter the display of advertising on the pages of the Site. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Site.
Like many networking sites, Bonfire allows users of the Site to share information with others through a variety of ways, including member profiles, posting of comments, posting of photos, and the answering and asking of questions. In addition, users may also be able to share third-party content or links to third party sites. You acknowledge and agree that your use of these share Services and all links, third-party applications, software or Content so shared is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms And Conditions.
REPRESENTATIONS AND WARRANTIES
You expressly agree that use of the Site and the Services is at your own risk. Neither Bonfire, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Site or the Services, the Content or the results that may be obtained from use of the Site.
Bonfire is a distributor with regard to content supplied by third-party suppliers and users and, as such, we have no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Bonfire. Bonfire does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed on the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
With respect to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site and the Services provided:
You shall have no rights to such software;
you may not sublicense, assign or transfer any licenses granted by Bonfire, and any attempt at such sublicense, assignment or transfer shall be null and void;
you may make one copy of such software for archival purposes only; and
you may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
Any software that is made available to download from the Site is the copyrighted work of Bonfire' suppliers. Use of such software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with such software. End users shall not install or use any such software that is accompanied by or includes an end-user license agreement unless the end user first agrees to the license agreement terms. Any such software is not available to users in territories where its distribution is prohibited by law.
The Site is controlled, operated and administered by Bonfire from its offices within the United States. Bonfire makes no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
THERE MAY BE AN EXTRA SHIPPING CHARGE FOR OUTSIDE THE U.S. CAMPAIGN BUYERS.
All monies on Bonfire are stated in U.S. Dollars (USD).
INDEMNITY/LIMITATIONS OF LIABILITY
As a condition of use of the Site and the Services, you agree to indemnify, defend and hold harmless Bonfire, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees from and against any and all claims, liability and costs, including attorneys' reasonable fees, arising from or relating to any allegation regarding (i) your use of the Site and/or Services, (ii) Bonfire's use or distribution of any content or information you provide, (iii) information or material posted or transmitted through your account, even if not posted by you, and (iv) any violation by you of these Terms And Conditions.
You shall cooperate as fully as reasonably required in the defense of any such claim. Bonfire reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Under no circumstances, including negligence, shall Bonfire, or its directors, officers, employees, agents or affiliates, be liable for any indirect, incidental, special or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if Bonfire is aware or has been advised of the possibility of such damages. You specifically acknowledge and agree that Bonfire is not liable for any conduct of any user.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
If you are dissatisfied or harmed by Bonfire's services, any other Bonfire site user, any Bonfire partner, any Bonfire material, or with any of Bonfire's terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
Bonfire may, in its sole discretion, terminate or suspend your access to all or part of the Site or the Services offered for any reason, including breach or assignment of these Terms And Conditions.
Termination of these Terms And Conditions for any reason, will not affect survival of those provisions of these Terms And Conditions for which survival is equitable or appropriate.
Bonfire takes pride in using high quality materials, printing accurately and shipping on time. Bonfire accepts returns and will issue either a refund for the cost of the apparel or a reprint of the apparel within 30 days of the end of the campaign if the print or material is found to be unsatisfactory. If the customer chooses to receive a reprint of the apparel, it shall serve as the sole remedy. Bonfire’s return policy does not extend to reprinted apparel.
Bonfire also offers one-time exchanges for ill-fitting apparel. If the fit of the product is found to unsatisfactory by the buyer, Bonfire will reprint that product in another size. Bonfire's exchange policy does not extend to reprinted apparel.
Bonfire makes every effort to ship products that match representations made at the time of a purchase. However, due to variations in product availability, Bonfire may substitute products of a similar color or style. In rare cases when substitutions do occur, Bonfire always sends the buyer a product of equal or superior quality. Bonfire does not guarantee refunds on the sole basis of product variability.
When issuing refunds, Bonfire is able to refund a product's base cost, shipping expenses and sales tax. However, Bonfire is not always able to refund the portion of the selling price that has been sent to the seller. Finally, Bonfire is not able to refund donations made in addition to or in lieu of a product purchase.
Please contact wow@bonfirefunds if you are in any way unhappy with your purchase.
This Agreement is accepted upon your use of the Site or any of the Services. This Agreement constitutes the entire agreement between you and the Site regarding the use of the Site and the Services and shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms And Conditions, the terms of these Terms And Conditions shall control.
The failure of Bonfire to exercise or enforce any right or provision of these Terms And Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms And Conditions are for convenience only and have no legal or contractual effect. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
This Agreement has been made in and shall be construed and enforced in accordance with Virginia's law, without regard for conflicts of law rules, and the terms of this Agreement will operate to the fullest extent permissible by law. Any action related to the to enforce these Terms And Conditions shall be brought in the federal or state courts located in Virginia.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Contact firstname.lastname@example.org with questions or inquiries regarding the Site.
Any rights not expressly granted herein are reserved.
© 2016 Bonfire Funds, Inc.