Terms & Conditions

Last updated April 21, 2025

?Table of Contents?

1. 1. Welcome to Bonfire!
2. 2. Account Creation
3. 3. Account Security
4. 4. User Conduct
5. 5. User?s Intellectual Property
6. 6. Bonfire?s Intellectual Property
7. 7. Creating a Campaign
8. 8. Payouts for Individual  Campaigns
9. 9. Giving Campaigns (Fundraising)
10. 10. Buyer Agreement
11. 11. Gift Cards
12. 12. Design Services
13. 13. Third Parties
14. 14. Headings
15. 15. Indemnification
16. 16. Termination
17. 17. Limitation of Liability
18. 18. Warranties and Disclaimers
19. 19. Disputes
20. 20. Additional Terms
21. 21. Governing Law
22. 22. Definitions

1. Welcome to Bonfire!

This page explains our terms of use. When you use Bonfire, you?re agreeing to all the rules on this website. Before using this website, if you have any questions relating to any section within these Terms of Use (the "Terms"), please email our support team at [email protected]. 

These Terms apply to you and to your access to, and use of, www.bonfire.com (the ?Website?), and any other website or service that links to these Terms (collectively, the ?Services?). Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.bonfire.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website. 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. 

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

The Services on this Website are provided by "Bonfire Funds, Inc. (?Bonfire?) and your use of the Services is subject to these Terms. ?We,? ?our? or ?us? refers to Bonfire Funds Inc., collectively, ?Bonfire?. 

We provide a platform which allows charitable organizations, creators, artists, non-profits, businesses, or individuals who agree to these Terms of Use and any other applicable policies or regulations to design custom apparel and merchandise (?Organizers?). Organizers use our platform to sell to their supporters worldwide (via an ?Individual Campaign?), to fundraise for a nonprofit (via a ?Giving Campaign?) (collectively ?Campaigns?), or to design and purchase apparel or merchandise directly from Bonfire (?Custom Orders?). This platform is also used by customers and supporters who choose to purchase apparel and merchandise and/or make donations from Campaigns (?Supporters?). This also applies to anyone accessing the platform at any time for any reason (?Users?). Organizers, Supporters and Users will collectively be referred to as ?you?. 

These Terms govern your use of this Website and our Products and Services (defined below). By using this Website, you accept these Terms in full. If you disagree with any part of these Terms, you may not use this Website or any Services of Bonfire.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. You will be able to access most of our Website without having to register any details with us; however, in order to create a Campaign you will need to register certain details with us.

2. Account Creation

You must be at least eighteen (18) years old to register for an account, and to pay or accept money there are other requirements. See Section below ?User?s Age? for more details. 

When you register for an account you must provide us with accurate information. If not, we may not be able to assist you with accessing your account.

User?s Age

You must be at least eighteen (18) years old to create a Bonfire account or to access or use any of Bonfire?s Services. If you are not at least eighteen (18) years old, you may NOT use this Website at any time or submit any information to this website.

To purchase merchandise, give donations, and receive payouts you must be at least eighteen (18) years old or have your parent?s permission.

If you are a parent or legal guardian of a user visiting our site that is under the age of eighteen (18), you hereby agree to hold this user to these Terms and to hold harmless Bonfire if the minor breaches any of these Terms.

By using our Services, you certify that you satisfy the age guidelines and restrictions and your acceptance of these Terms.

Furthermore, if we believe that your information is incorrect, we may prevent you from accessing the Website, terminate or suspend your account, or otherwise limit or restrict your use or Service.

3. Account Security

You are solely responsible for the security of your account; any damages that arise from your failure to secure your account will not be covered by us.

To best protect your account, please keep your password confidential. You are responsible for all activity on or through your account. If you believe your account is compromised, please reset your password and contact our support team as soon as possible using the linked instructions.

Bonfire will not ask you to reveal your password. If you forget your password, you can visit this page to reset your password.

Certain areas of this Website 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 Website. 

Our Privacy Policy explains how we collect, use and disclose your personal information and protect your privacy when using our Services. By using our Services, you agree that Bonfire can use your information in accordance with our Privacy Policy (available at https://www.bonfire.com/privacy-policy/). 

In the event that there exists any inconsistency between these Terms and our privacy policies, the Privacy Policy shall take precedence.

4. User Conduct

You are responsible for all activity on your account. We welcome your comments regarding the Website; however, please behave responsibly when using our Website.

We reserve the right to delete, move or edit any content posted on this Website for any reason. By using our Services, you agree that any and all Content that you contribute to Bonfire:

• - is owned by you or you hold appropriate license(s) to use such Content;

• - contains no copyrighted or other protected material owned by others;

• - contains no misleading, inaccurate, and/or dishonest statements;

• - does not impersonate another business, individual, or charity;

• - does not constitute, promote or encourage illegal acts;

• - does not explicitly or implicitly violate any policy posted on our Website;

• - does not infringe or violate others? rights;

• - is not discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred;

• - does not encourage or constitute conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Website is being used;

• - is not in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others;

• - is not harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data;

• - does not victimize an individual or group of individuals with hurtful or hateful language.

You agree that you will indemnify, defend and hold harmless Bonfire, its subsidiaries and all of their direct and indirect officers, directors, employees, agents, successors and assigns from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties, and threatened losses due to, arising from or relating to your use or contribution of Content to the Website that violates the above User Conduct requirements of that infringes any third party intellectual property rights. 

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to our Website in breach of this Section.

You agree to abide by the Community Guidelines and Content Guidelines, which Bonfire may update at our sole discretion. It is your responsibility to check these webpages for updates.

You shall not use our Website while distracted or preoccupied, such as when operating a motor vehicle. You should access our Website only with due regard for your own safety and the safety of others.

5. User?s Intellectual Property

We are not trying to steal your content or use it in an exploitative way. Unless indicated otherwise, you have complete ownership of your own content and give us permission to post it on our Website.

By posting your Content, you grant us a perpetual, irrevocable, non-exclusive, worldwide license and right to use and/or publicly display works of your Content. Bonfire does not claim any ownership rights in the Content you upload to this Website. It is your responsibility to make sure your Content does not contain copyrighted material unless you have permission from the rightful owner. 

If you believe a user has infringed upon your rights with their Bonfire Campaign, we ask that you (i) contact our content moderation team at [email protected] and (ii) submit an intellectual property claim to us by using either our Digital Millennium Copyright Act Takedown Request Form or our Trademark Takedown Request Form. 

If needed, we reserve the right to edit, modify, or delete any of your Content. For more information regarding Intellectual Property restrictions, check out our Content Guidelines.

6. Bonfire?s Intellectual Property

You are welcome to use our content to help promote your campaign, but please don?t post it elsewhere without our permission!

Our content is protected by copyright, trademark, and other applicable laws. We grant you permission to use our logo and other copyrights or trademarks solely to promote your Bonfire campaign page.

Examples of our content are the text on the Website, our logo, and designs created by our design team.

You may not otherwise use, publicly display or prepare derivative works of our content other than in connection with your campaign on Bonfire, unless we give you permission in writing.

7. Creating a Campaign

Congratulations on starting your first Bonfire campaign! You help bring communities together worldwide by creating custom apparel for your supporters.

After Account Creation, you will have the ability to bring your vision to life by creating your Campaign. When creating a Campaign, you will be provided with a ?base cost? from us for each product. With this information, you will set a sale price for each item. After your Campaign has closed a batch successfully, you will earn the difference between the base price and your sale price. For more information on how to get started, please check out this helpful article from our Help Center.

Copyright/Trademark

You represent that you have all trademark rights, copyrights, rights of publicity and/or other intellectual property rights necessary to create and conduct a Campaign. You agree to provide us with evidence of this upon request. Your failure to do so may result in cancellation of your account and/or Campaign.

You agree that you will indemnify, defend and hold harmless Bonfire, its subsidiaries and all of their direct and indirect officers, directors, employees, agents, successors and assigns from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties, and threatened losses due to, arising from or relating to your use of trademarks, copyrights, rights of publicity or other intellectual property in your Campaign that infringe any third party intellectual property rights.

Bonfire retains all ownership rights in any designs created by our designers and they may not be used by you, other than in connection with your campaign on this Website, without our consent.

Fraud

Fraud is a serious violation of our Terms & Conditions and may result in withholding payouts and/or account termination, or any other action within our right if fraudulent activity is detected.

You agree that all information you provide in connection with your Campaign is accurate and is not likely to deceive reasonable donors; and that all donations to your Campaign will be used solely as described in any promotion of your campaign. 

You agree not to:

• - falsely claim a connection to an intended recipient or charitable organization;

• - fail to report accurate tax information to us or to the IRS;

• - deceive others in order to get money from individuals believing they are making donations to charitable organizations or causes;

• - publish deceiving statements on a Campaign page;

• - upload content that infringes on the intellectual property of another person, business or organization.

We reserve the right to provide information relating to your Campaign to donors, beneficiaries of your Campaign or law enforcement in order to establish transparency and accountability.

In addition, in our sole discretion, we may choose to redirect all or a portion of the payout to the intended beneficiary or charitable organization aligned with the general purpose of the Campaign on your behalf. We may for any reason, in our sole discretion, place a hold on your account if fraudulent activity is detected.

By creating a Campaign, you agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms.

8. Payouts for Individual  Campaigns

To receive payment for your Campaign, you will be asked to provide a PayPal account email address. If you are requesting the Payout to be sent to a business and do not have the ability to send the funds to their PayPal account, you can contact [email protected] or your Bonfire representative to learn about alternative Payout options. Bonfire may send check or ACH payouts in certain circumstances. We reserve the sole right to determine eligibility of a user to use alternative payout methods. Fees or minimums may apply.

You agree that you will verify the information you have provided to Bonfire for payments to ensure that payments from Bonfire are able to reach you or your intended beneficiary. Bonfire is not responsible for misdirected payments based on inaccurate information provided by you.

We may require that you provide a Form W-9 to us prior to releasing funds. You acknowledge and consent that we may, at any time, for any reason, place a hold on a Campaign account, restricting payouts to a campaign organizer.

If you have questions about payout methods or our current payout policies, please visit this help center article.

If you have questions about a hold that we have placed on your payout, please contact us at [email protected].

For more information about Giving Campaigns or if you are or want to send funds to a charitable organization, please review the ?Giving Campaign (Fundraising)? section below.

Taxes

You are responsible for any taxes you owe based on the payments (?Payouts?) you receive from us. 

You are solely and fully responsible for payment of any income taxes applicable to the amount you earn through using our service. You are responsible for reporting any taxes. We collect tax identification information and report this to tax authorities as legally required.

We will provide a copy of IRS form 1099 no later than January 31st each calendar year for beneficiaries who received more than $600 in total payouts during the previous calendar year as paid by check, ACH, or wire transfer. Beneficiaries who are registered non-profits or corporations do not receive 1099s.

Tax reporting documentation for payouts made through third-party payment processors, such as PayPal, will be provided by the third party payment processor in accordance with all tax laws and regulations.

For more information about 1099s from the IRS, please visit: https://www.irs.gov/payments/general-faqs-on-new-payment-card-reporting-requirements 

Unclaimed Funds

We make every effort to transmit funds due to each Campaign organizer. In cases where the Campaign organizer fails to submit sufficient account information (e.g. PayPal account details, tax information if applicable, current mailing address, correct email address, etc.), we will make a good faith effort to contact the Campaign organizer and/or beneficiary in order to render payment in accordance with Bonfire?s processes.

Escheatment refers to the process by which unclaimed funds held by us reverts to the state or jurisdiction where the property is held when the owner cannot be located or the property remains unclaimed for a specified period of time. We are legally obligated to report and transfer unclaimed funds to the state after a period of inactivity or if we are unable to locate the rightful owner. Funds where the owner cannot be located will be escheated to the State of Virginia and following Virginia?s escheatment laws.

We make no guarantee that we will be able to locate the rightful owner of any unclaimed property and we are not responsible for any losses that may occur as a result of escheatment.

9. Giving Campaigns (Fundraising)

General

Bonfire uses GetChange Corp ("Change") as the third-party service provider for donation processing for all donations made to charitable organizations via the Bonfire platform(s). Bonfire will in some instances allow its users to make donations to Our Change Foundation (?OCF?) and suggest that OCF make contributions to certain charitable organizations as further described below. Bonfire is committed to complying with all applicable laws related to such function. Bonfire encourages users to support certain charitable organizations described in Section 501(c)(3) of the Internal Revenue Code, as further described herein. Donors may make donations to certain charities in connection with the donor?s use of Bonfire?s website(s).

Charitable Sales Promotions

Bonfire?s platform(s) allow its customers to purchase products from Bonfire and then Bonfire customers may sell those products on Bonfire?s platform by choosing the price of the product.  The ?base cost? is the amount paid by the Bonfire customers for each product.  During the charitable sales promotions and for each product sold, Bonfire and/or Bonfire?s customers, depending on the particular charitable sales promotion, shall contribute to OCF the amount above the ?base cost? of the specified product. At a minimum, $0.01 of each product sale shall be donated to OCF.  Bonfire anticipates that the average donation per product sale will be approximately $7.89, but this is no way a guarantee of the average donation per product sale. Bonfire offers for sale many different product types (hats, t-shirts, hoodies, etc.), which have different base costs.  The base cost for each product varies based on the following factors: 

1. 1. The product that is chosen. Bonfire offers for sale many different product types, which have different base costs.

2. 2. The type of design that is put on the product. For example, the base cost for a product changes depending on the number of colors for a design, if the design is both front and back (on a t-shirt, for example), and type of print (screen printing, embroidery, etc.).

3. 3. The amount of a product that is sold. When Bonfire receives bulk discount pricing for large orders of a single product, Bonfire lowers the base cost.

4. 4. The selling price. Bonfire and/or Bonfire's customers can set the selling price of the product that is offered for sale. Bonfire customers can choose to have a high margin resulting in Bonfire and/or Bonfire?s Customers making a greater contribution to the charitable organization or a smaller margin resulting in Bonfire and/or Bonfire?s Customer making a smaller contribution to the charitable organization.

The following is an illustration of how the above factors impact Bonfire?s and/or Bonfire?s Customers? contributions to charitable organizations as a result of a product?s base cost: if the base cost of a t-shirt is $10, Bonfire?s customer can list the product for sale at $15, which results in Bonfire Customers making a contribution the charitable organization in the amount of $5 per t-shirt sold during the charitable sales promotion (the list amount ($15) minus the base cost ($10)). If Bonfire?s customer lists the sale price of the product at $11, there is only a $1 donation to the charitable organization per t-shirt.  Bonfire provides on the Bonfire platform(s) a calculator tool which the public may access in order to receive an estimation of the base cost calculation on products sold during the charitable sales promotion (https://www.bonfire.com/tools/t-shirt-pricing-calculator/#cost).  In addition, Bonfire provides on the Bonfire platform(s) a calculator tool which provides an estimation of the contribution amounts (https://www.bonfire.com/tools/t-shirt-pricing-calculator/#price). 

Volunteer Fundraising Promotions

In addition to the Charitable Sales Promotions described above, the Bonfire platform(s) allow Bonfire and/or users to act as volunteer fundraisers on behalf of OCF.  Purchasers of Bonfire?s products sold online at www.bonfire.com may be asked at the point of sale if they would like to make a contribution to OCF, in support of one or more designated Recipient Charities. The disbursement of all such customer donations to designated Recipient Charities shall be subject to the grantmaking process as outlined herein.

Fundraising and the Relationship with Our Change Foundation and Change

All donations made as a result of a Charitable Sales Promotion or Volunteer Fundraising Promotion via Bonfire's platform are made to OCF 501(c)(3) (EIN: 86-3353394), a nonprofit organization and donor-advised fund that makes grants to the nonprofits suggested by donor-advisors, which may include Bonfire, Bonfire purchasers, and or donors.

All donations sent by Bonfire to OCF shall be subject to OCF?s exclusive control and discretion, and grants made by OCF to Recipient Charities from donations generated from the program shall be subject to OCF?s Grantmaking Policy, which is accessible at https://link.getchange.io/tos-nonprofit.

OCF is committed to providing a donor-advised fund program that complies with all applicable laws related to donor-advised funds and sponsoring organizations. OCF encourages donor-advisors to support certain charitable organizations described in Section 501(c)(3) of the Internal Revenue Code, as further described herein. 

Donor-advisors have the right to make recommendations to Bonfire and OCF concerning grant disbursements. Consistent with federal tax law requirements, OCF may accept or reject the recommendations of the donor-advisors in its sole and absolute discretion and maintains ultimate discretion and control with respect to any such distributions.

From time to time and depending on the particular charitable sales promotion or volunteer fundraising promotion, OCF often considers granting or contributing funds to other eligible organizations suggested by donor-advisors, which may be Bonfire, Bonfire users, OCF donors, or commercial co-venturers. As part of OCF?s commitment to honoring these suggestions, OCF makes every effort to direct contributions or grants to those qualified charities recommended and suggested by the donor-advisors.

Contributions made by Bonfire to OCF as a result of a Charitable Sales Promotion does not result in any tax-deductible charitable contribution to any purchasers of products.  For contributions made by donors as a result of a Volunteer Fundraising Promotion, the tax-deductible status of a donation made does not change if funds are reassigned because OCF is the charitable organization of record for the donor?s original donation. Donors should disregard any additional tax receipt received from a benefiting charity as a result of OCF?s grant in such cases. 

See OCF?s full Regranting Policy at https://link.getchange.io/tos-nonprofit. 

Grants to Qualified Charities

OCF will make grants only to ?qualified charities? which include tax exempt entities that are described in Internal Revenue Code Section 170(b)(1)(A) other than supporting organizations described in Internal Revenue Code Section 509(a)(3). This includes churches, schools, hospitals, government entities and most 501(c)(3) public charities, but it does not include 501(c)(3) private non-operating foundations or 509(a)(3) public supporting organizations. 

Such grants are subject to limitations and prohibitions fully described within OCF?s Regranting Policy, at https://link.getchange.io/tos-nonprofit. 

Refunds

All donations are gifts made voluntarily to OCF with no conditions. Donors receive a tax receipt from OCF at the time of the donation. Donors who request refunds may not be eligible for tax deductions on their refunded donations.

OCF does not provide refunds of donations that OCF has already granted to a charity. Donors who wish to request a refund for a donation that has already been granted should contact the benefiting charity directly.

Refunds may be granted at OCF?s discretion. Refunds are granted only in exceptional circumstances, and only when the funds have not been granted to a charity. Some circumstances in which refunds might be granted include the donation was made in error, was made in an incorrect amount, or the donation was not authorized by the donor. 

See OCF?s Regranting Policy, at https://link.getchange.io/tos-nonprofit. 

Timing 

Donations generated by activities which qualify as Solicitation Type A or B under California law (including funds raised via Volunteer Fundraising Promotions described herein) will be sent to the recipient charity within a maximum of twenty (20) days after the end of the month in which the donation was made, unless the recipient charitable organization is not eligible to be sent the funds. For example, if a customer makes a purchase via the Bonfire platform(s) and the customer decides to make a contribution to OCF at the point of sale, then the customer may choose an organization of their choice and suggest that OCF grant the contribution to the suggested organization. The contribution will be made to OCF, and the donor will receive a receipt from OCF as the recipient charity, and OCF in turn will disburse the funds to the organization suggested by the customer if it is a qualified charity and it has an account with Change.

Donations generated by activities which qualify as Solicitation Type C or D under California law (including funds raised via the Charitable Sales Promotions described herein, co-venturing or cause marketing campaigns) will be sent to the recipient charitable organization on a quarterly basis or more frequently, unless the recipient charitable organization is not eligible to be sent the funds. ?Quarterly basis? means sending donated funds no later than twenty (20) days after the end of a 90-day period. When such donated funds are subject to minimum threshold amounts before they are sent, such minimum threshold amounts shall not exceed ten dollars ($10.00). Once the minimum amount is reached, OCF will send the donated funds to the recipient charitable organization on a quarterly basis or more frequently, unless the recipient charitable organization is not eligible to be sent the funds. If the minimum threshold amount is not reached after four (4) consecutive quarters, the donated funds will be sent to a recipient charitable organization no later than 30 days after the fourth quarter ends, unless the recipient charitable organization is not eligible to be sent the funds. As another example in the context of a charitable sales promotion, Bonfire may represent that for each purchase of a hoodie sweatshirt, it will contribute $1 to an organization via OCF. The purchaser of the Hoodie may choose an organization of their choice and suggest that OCF grant Bonfire?s customer?s contribution to the suggested organization. If OCF determines that the organization is a qualified charity and has an account with Change, OCF will disburse funds to the suggested qualified charity, and the organization will receive the funds within a quarterly basis.   

Tax Receipts; Qualified Charities 

Change, as agent of OCF, will issue charitable contribution receipts to donor Bonfire customers reflecting OCF?s EIN number as the recipient charity. If OCF determines that the organization is a qualified charity and has an account with Change, then OCF will disburse funds to the suggested qualified charity, and the organization will receive the funds within the time periods described above. If OCF determines that the organization is a qualified charity and does not have an account with Change, then OCF will send a letter to the organization requesting that the Organization establish an account with Change so that OCF can disburse the funds to the organization. While OCF has ultimate discretion, control, and authority as to whether to grant the amount the Bonfire donor contributed to OCF to the organization suggested by donor-advisor, OCF will do so unless the charity is not a qualified charity. 

Unqualified Charities 

If it has been determined that an organization suggested by a Bonfire customer does not meet OCF?s standard charitable organization vetting processes and thus is not a qualified charity eligible to receive a grant from OCF, then OCF, or Change on behalf of OCF, for donations to OCF generated by activities which qualify as Solicitation Type A or B under California law, OCF shall notify the donor in writing, via email or otherwise as allowed under applicable law, no later than thirty (30) days after the determination of eligibility and request the donor suggest an alternate organization. The donor shall have thirty (30) days from the date of receipt of the email notification to recommend an alternate organization by responding to said notice. If an alternate is timely recommended, then OCF will send the donated funds to the alternate organization no later than thirty (30) days from the last date donors could timely recommend an alternate organization, unless OCF determines the alternate is not a qualified charity. If an alternate is timely recommended and determined not to be a qualified charity, then OCF will select another alternate organization, and send donated funds to the alternate selected by OCF no later than thirty (30) days from the last date donors could timely recommend an alternate organization. If an alternate is not timely recommended, then OCF will select an alternate organization, and send the donated funds to the alternate no later than thirty 30 days from the last date donors could timely recommend an alternate organization. 

If it has been determined that an organization suggested by a Bonfire customer donor does not meet OCF?s standard charitable organization vetting processes and thus is not a qualified charity eligible to receive a grant from OCF, then OCF, or Change on behalf of OCF, for donations to OCF generated by activities which qualify as Solicitation Type C or D under California law, OCF shall then select an alternate charitable organization, and send the donated funds to the alternate no later than 30 days after the determination of eligibility.

Personal Information

For donations generated by activities which qualify as Solicitation Type A or B under

California law (including funds raised via Volunteer Fundraising Promotions described

herein), Bonfire customers making such donations will have their personal information shared with the recipient charity.

Fees 

Fees and other amounts may be deducted from funds that OCF contributes to qualified charities as a result of Bonfire charitable sales promotions or volunteer fundraising promotions. Bonfire does not assess fees for donations from the proceeds of product sales. There is a 3.5% payment processing fee assessed for additional donations. You acknowledge that Bonfire may deduct such fees, which they will disclose to you (1) at the time that you complete a donation to OCF using Bonfire?s site(s) or services and/or (2) at the point of solicitation and/or (3) in these policies. OCF will not charge platform fees related to the donations and will send the funds, minus any aforementioned Bonfire fees, to the recipient qualified charities.

Miscellaneous 

Organizations that receive funds from OCF via charitable sales promotions or volunteer fundraising promotions conducted via the Bonfire platform(s) will receive a report from OCF regarding the donations sent by OCF, or they can log into their account with OCF?s technology partner, Change, to access donation information at https://api.getchange.io/sign_in.  

Consent 

Any organization that may receive contributions from OCF and has given permission to be included in Bonfire?s own platform(s) has the right to review and approve information about the organization that is included on the Bonfire platform(s). Any information, images, logos, or other content provided by the organization to Bonfire?s own platform(s), Change, or OCF for inclusion on the platform(s) shall be considered pre-approved. See more information at Change?s terms, at https://link.getchange.io/api-tos. 

Any nonprofit that does not wish to be included as a beneficiary of OCF campaigns via charitable sales promotions or volunteer fundraising promotions conducted via the Bonfire Platform(s) can send an email to [email protected]. OCF will promptly remove your organization from our database of eligible nonprofits within three business days after verification by OCF that the request is legitimate.

Any nonprofit that does not wish to be included on the Bonfire platform(s) can send an email to [email protected]. Bonfire will promptly remove your organization from our database of eligible nonprofits within three business days after verification by Bonfire that the request is legitimate.

10. Buyer Agreement

As supporters, you help bring an artist?s vision to life or support the fundraising efforts of a great cause! By choosing to wear your custom apparel around the world, you are helping to share their message. That is what Bonfire is all about. :)

Placing an Order

You warrant that you are authorized to use any credit card, Paypal account, or other means of payment that you provide to us. Providing any inaccurate information is a breach of these Terms and may result in cancellation of your order. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, or problems identified by our fraud department.

If your order is canceled after your credit card (or another payment account has been charged, we will issue a credit to your credit card (or another applicable payment account) in the amount of the charge. We will attempt to contact you if your order is canceled or if any information is required to accept your order.

By confirming your purchase at the end of the checkout process, you agree to pay for the Products, as well as the shipping and handling charges and applicable taxes.

Shipping and Delivery

Products will be shipped to an address designated by you as long as the address is complete. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss for Products pass to you upon delivery of the Products to the carrier.

Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

International Orders

You acknowledge that the Products sold on Bonfire are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs laws and regulations of the country in which the products are received, and you agree to comply with all applicable laws.

Returns

For more information, please visit our Full Return Policy.

Misuse

We try our very best to make sure each Campaign is reviewed before launching, but from time to time, a Campaign gets missed.

We have no control over any information published on a Campaign page by a Campaign Organizer and disclaim all liability to the fullest extent provided by applicable law. We simply do not have the resources to verify this information individually for every Campaign.

While the merchandise you order on Bonfire will be sent to you as you anticipate, we have no means of verifying that the funds raised will be used as expressly described by a Campaign Organizer. All donations made will be at your own risk.

If you have reason to believe that any Campaign on our Website is fraudulent or your payment instrument (?Payment Instrument?) was compromised, immediately contact our fraud protection department at [email protected].

A few examples of what we do NOT consider misuse:

• - Campaigns created on behalf of a beneficiary who is not aware that funds are being raised on their behalf.

• - An idealistic or philosophical disagreement with the nature of the Campaign or character of the Campaign Organizer.

• - Multiple Campaigns set up on behalf of a person, charity, or event.

• - Campaigns that have exceeded the sales goal set forth by the Campaign Organizer.
  

11. Gift Cards

Bonfire Gift Cards are only available in a digital format. Once you purchase a Gift Card, you?ll receive an email that you can forward or print. The email contains a code that can be entered during checkout. You can check your Gift Card balance by visiting https://use.bonfire.com/gift-cards.

Once purchased, Gift Cards are non-refundable, have no cash value, and do not accrue interest. Gift Cards become valid and are able to be redeemed 24 hours after purchase and are valid for use within 5 years from the date of issue.

Gift Cards may be redeemed for any product offered by Bonfire at the prevailing price at the time of redemption, subject to stock availability. Gift Cards may not be used for additional donations made on any Giving Campaigns, tips for non-Giving Campaigns, Custom Orders, studio, or to purchase additional Gift Cards. Gift Cards may be used in conjunction with discount promotions, but cannot be used with free item promotions. If the purchase amount is less than the value of the Gift Card, no cashback will be given. Remaining balances may be used on future orders. If the purchase value exceeds the amount of the Gift Card, the remaining balance must be paid using a credit card. Items purchased with a Gift Card may be returned or exchanged. Refunds are placed back on the Gift Card balance. Please contact [email protected] to facilitate a refund.

Bonfire is not liable for any Gift Cards that are lost, stolen, destroyed, or used without permission. If you lose your Gift Card, we may be able to issue a replacement with any remaining balance on it. We are not responsible for any balance used while the Gift Card is lost or stolen. Please contact [email protected] for help resetting your gift card.

Bonfire reserves the right to cancel any Gift Card obtained fraudulently, due to misuse or violation of terms, or if any alterations or unauthorized endorsements are detected. In the event of a business closure or transition, outstanding Gift Cards may be subject to cancellation. Bonfire can change the terms and conditions of the Gift Card at any time without prior notice.

12.  Design Services

Studio

Studio is Bonfire?s custom design service. For Studio?s Terms and Conditions, please visit https://help.bonfire.com/en/articles/7153590-bonfire-studio-terms-of-service. 

Design Templates

When designing a product, you may use elements from our template library. These design elements are owned by Bonfire and cannot be downloaded or used outside of our website. The basic design templates are free to use.

13.  Third Parties

Your use of the Bonfire website does not create any contractual relationship or agency with any third-party or entity supported by individual seller campaigns.

14.  Headings

Headings, titles and italicized summaries throughout this document are for convenience and reference only, and in the event of any conflict, the text of the Terms, rather than such headings, titles or italicized summaries, shall control.

15. Indemnification

You and your heirs and assignees agree to defend, indemnify, and hold Bonfire harmless from any and all claims, damages, and expenses, including attorney's fees, arising from these Terms or related to your use of Bonfire.

16. Termination

These Terms are effective unless terminated by either you or Bonfire. You may terminate this Agreement at any time, provided that you discontinue any further use of the Website.

We may also terminate this Agreement at any time and may do so immediately without notice and deny you access to the Website if in our discretion you fail to comply with any of these Terms.

17.  Limitation of Liability

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Bonfire.

The information, software, Products, and Services included in or available through the Website may include inaccuracies or typographical errors. Changes are added periodically to the information herein. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, Products, Services, and related graphics contained on the Website for any purpose.

We take all reasonable steps so that our Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Website is unavailable at any time.

Our Website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

By submitting a telephone number to Bonfire you agree that a representative of Bonfire can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our Services.

18.  Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS BONFIRE DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. OUR SERVICES ARE PROVIDED ?AS IS? AND WITHOUT WARRANTY OF ANY KIND. BONFIRE MAKES NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

19. Disputes

We make no representations that the content or the Website is appropriate or may be used or downloaded outside the United States. Access to the Website and/or the content may not be legal in certain countries outside the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Website.

If an issue does arise out of these Terms related to your use, and it can?t be resolved by us, then it must be resolved by arbitration before the American Arbitration Association in Richmond, Virginia. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding.

In the event of a dispute between You and Bonfire that cannot be adjudicated through arbitration, You agree that all disputes and related claims shall be construed in accordance with the laws of the Commonwealth of Virginia and that jurisdiction for the dispute shall be in a federal or state court with competent jurisdiction located in Richmond, Virginia.

Our Website is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Website, as may be required.

User Disputes

You agree that you are responsible for your interactions with any other user in connection with the Services and Bonfire will have no liability or responsibility with respect thereto. We reserve the right but have no obligation to become involved in any way with disputes between you and any other user of the Services.

Bonfire is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, we reserve the right to withhold payouts until the dispute is resolved, in Bonfire?s discretion.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

20.  Additional Terms

Certain sections or pages on this Website may contain additional Terms. In the event of a conflict, those additional Terms become part of your Agreement with us if you use those Services.

21. Governing Law

We strongly encourage you to contact us if you?re having an issue, before taking legal action. In the rare occasion where legal action does arise, these Terms (and all other policies) will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the United States and will be adjudicated in Richmond, Virginia Federal, State and local courts.

22.  Definitions

For the purposes of this Agreement, the following terms shall have the following definitions:

• "Additional Terms? means the terms we reference or link to or within this Agreement.

• ?Agreement? refers to the Terms of Use as well as any other legally binding policy listed on our website.

• "Base Cost? is the cost of the product.

• "Bonfire Account? means the account created by a user utilizing Bonfire Services.

• ?Bonfire,? we mean Bonfire Funds, Inc. ("Bonfire?). We also refer to Bonfire as ?we,? ?us? and ?our.?

• ?Campaign? means any campaign created by a Campaign Organizer in order to receive monetary donations from supporters.

• "Campaign Organizer(s)? are individuals or groups of individuals that use Bonfire?s Services to create a Campaign and receive monetary donations from supporters.

• "Content? collectively refers to all software, documentation, data , updates, thereto, services, and other items that we make available to you through this Website.

• ?Individual Campaign? refers to a campaign created whereby funds go directly to the Campaign Organizer.

• "Intellectual Property? refers to the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our team at [email protected].

• ?Giving Campaign? is a Campaign that directly benefits a 501(c)(3) nonprofit by sending money to Our Change Foundation.

• "Payment Instrument(s)? refer to methods of payments which allow users to transfer funds between accounts at banks or other financial institutions.

• ?Services? contain content including, without limitation, Bonfire's logos, designs, text, graphics, pictures, information, data, software, other files that are the property of Bonfire and are protected by U.S. and international copyright laws.

• ?Terms of Use,? we mean these Terms of Use (?Terms?) and all other terms and policies posted us on Bonfire.com (and any updates by Bonfire to these Terms of Use and those terms and policies).

• "User" ?You? or ?your? we mean any user (like you!) of Bonfire.

Our Contact Information:

• Bonfire Funds, Inc.
• 3420 Pump Rd, Mailbox #351, Henrico, VA, 23233
• [email protected]
• (855) 537-2613