Terms & Conditions

Welcome to Bonfire!

This page explains our terms of use. When you use Bonfire Marketplace, Bonfire Pro, or any of Bonfire?s Services, you are agreeing to all the rules on this Site. Before using this Site, 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 (?Bonfire Marketplace?) and www.bonfire.com/pro (?Bonfire Pro?), and any other website, service, or product that links to these Terms (collectively, the ?Services?). Please read the Terms carefully before you start to use Bonfire's Services. By using Bonfire's Services, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use Bonfire's Services.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. Your continued use of Bonfire's Services 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.

Bonfire?s Services are provided by Bonfire Funds, Inc. and your use of Bonfire?s Services is subject to these Terms. ?We,? ?our? or ?us? refers to Bonfire Funds, Inc.

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

We recommend you also review our Privacy Policy, which explains how we collect, use, and disclose personal information, which can be found at https://www.bonfire.com/privacy-policy/.

Definitions

This section defines the capitalized terms used throughout these Terms.

Capitalized terms used in these Terms have the meanings given below. Other capitalized terms are defined where they first appear. Words in the singular include the plural and vice versa, and ?including? means ?including without limitation.? If any definition in this section conflicts with a description elsewhere in these Terms, including any heading or italicized summary, this section controls.

?Account? means a registered user account on Bonfire Marketplace or Bonfire Pro.

?Additional Donation? means an optional amount, in addition to the price of a Product, that a Buyer chooses to give at checkout to a Giving Campaign, Charitable Organization Campaign, Political Campaign, or an Individual Campaign.

?Additional Fees? has the meaning given in Section 23 (Bonfire Pro Subscription).

?Additional Terms? means the Community Guidelines, Content Guidelines, Text Message Terms of Service, Studio Terms of Service, Return Policy, and any other policies or terms posted on a Site that apply to particular Services and are incorporated into these Terms by reference, each as updated from time to time.

?Base Cost? means the per-unit amount Bonfire charges for a Product. Base Cost varies based on the product type, the design (including number of colors, print locations, and print method), the quantity sold, and other factors.

?Batch? means the group of Orders placed during a Campaign?s sales period that Bonfire produces and ships at the same time.

?Beneficiary? means the person or organization designated to receive a Payout or the proceeds of a Campaign or Seller Site, if different from the Seller.

?Bonfire,? ?we,? ?us,? and ?our? mean Bonfire Funds, Inc.

?Bonfire Content? means all Content made available through the Services by or on behalf of Bonfire, including the materials described in Section 5 (Bonfire Funds, Inc?s Intellectual Property), Design Templates, and designs created by Bonfire?s designers, but excluding User Content.

?Bonfire Marketplace? means the platform available at www.bonfire.com through which Organizers create Campaigns and Custom Orders and Buyers purchase Products.

?Bonfire Parties? means Bonfire and its subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, licensors, and representatives.

?Bonfire POS App? has the meaning given in Section 29 (In-Person Sales Using the Bonfire Point of Sale (POS) App).

?Bonfire Pro? means the subscription service available at www.bonfire.com/pro that enables Sellers to operate Seller Sites, sell Bonfire-Fulfilled Products and Seller-Fulfilled Products, and make In-Person Sales.

?Bonfire-Fulfilled Product? or ?Product? means apparel and other merchandise designed through the Services and produced, printed, and shipped by or on behalf of Bonfire, whether sold through Bonfire Marketplace or a Seller Site.

?Business Day? means any day other than a Saturday, Sunday, or U.S. federal holiday.

?Buyer? means any User who purchases a Product or Seller-Fulfilled Product through the Services.

?Campaign? means any campaign created by a Campaign Organizer in order to receive monetary support from buyers.

?Change? means GetChange Corp., Bonfire?s third-party service provider for processing donations to Charitable Organizations.

?Chargeback? means a reversal, dispute, or retrieval request initiated by a Buyer, or by a Buyer?s card issuer, bank, or payment provider, in connection with a payment made through the Services.

?Charitable Organization? means a nonprofit organization recognized as tax-exempt under Section 501(c)(3) of the Internal Revenue Code, or another organization eligible to receive tax-deductible charitable contributions under U.S. federal law.

?Charitable Organization Seller? means a Seller that is itself a Charitable Organization.

?Charitable Sales Promotion? means a promotion in which Bonfire and/or a Seller contributes all or part of the amount by which a Product?s Sale Price exceeds its Base Cost to OCF for the benefit of a Charitable Organization, as described in Section 21 (Campaigns Benefitting a Charitable Organization).

?Content? means text, images, graphics, designs, logos, artwork, audio, video, links, data, and other materials of any kind.

?Custom Domain? means a domain name owned or controlled by a Seller (for example, websitename.com) at which the Seller hosts a Seller Site.

?Custom Order? means an Order in which a User designs and purchases Products directly from Bonfire for the User?s own use, rather than offering them for sale through a Campaign.

?Design Templates? means the design elements available in Bonfire?s template library.

?Donor-Advisor? means a person or entity entitled to recommend grants from OCF, which may include Bonfire, Sellers, and/or Buyers.

?Embedded Content? has the meaning given in Section 22 (Creating a Seller Site).

?Gift Card? means a digital code issued by Bonfire that is redeemable for Products on Bonfire Marketplace, as described in Section 32 (Bonfire Buyers).

?Giving Campaign? means a listing on Bonfire Marketplace through which an Organizer sells Products and/or accepts Additional Donations for the benefit of one or more Charitable Organizations through OCF.

?GPSR? means the European Union General Product Safety Regulation (Regulation (EU) 2023/988), as amended.

?In-Person Sale? means a sale made in person by a Bonfire Pro Seller using the Bonfire POS App.

?Individual Campaign? means a listing on Bonfire Marketplace through which an Organizer sells Products, with proceeds paid to the Organizer or a Beneficiary.

?OCF? means Our Change Foundation, a 501(c)(3) nonprofit organization and donor-advised fund (EIN: 86-3353394).

?Order? means a Buyer?s purchase of one or more Products or Seller-Fulfilled Products through the Services, including through the Bonfire POS App.

?Organizer? means a User who creates a Campaign on Bonfire Marketplace.

?Payout? means funds disbursed by Bonfire to a Seller or Beneficiary for sales made or funds raised through the Services. Payouts are net of Base Cost, Seller Fees, payment processing fees, Transaction Taxes, refunds, Chargebacks, and any amounts withheld under these Terms.

?Political Campaign Seller? means a Seller that is a candidate committee, political party committee, political action committee, or other political committee registered with the Federal Election Commission or a state or local election authority, or that is acting on behalf of such a committee.

?Privacy Policy? means Bonfire?s Privacy Policy, available at https://www.bonfire.com/privacy-policy/, as updated from time to time.

?Qualified Charity? means a tax-exempt entity described in Section 170(b)(1)(A) of the Internal Revenue Code, other than a supporting organization described in Section 509(a)(3). Qualified Charities include churches, schools, hospitals, government entities, and most 501(c)(3) public charities. They do not include 501(c)(3) private non-operating foundations or 509(a)(3) supporting organizations.

?Recipient Charity? means the Qualified Charity to which OCF grants donated funds, as recommended by a Donor-Advisor or, where applicable, selected by OCF.

?Sale Price? means the price a Seller sets for a Product or Seller-Fulfilled Product.

?Seller? means any User who offers, lists, or sells Products or Seller-Fulfilled Products, or raises funds, through the Services, including Organizers on Bonfire Marketplace and subscribers to Bonfire Pro.

?Seller Fees? has the meaning given in Section 23 (Bonfire Pro Subscription).

?Seller Site? means a custom-branded storefront that a Seller operates through Bonfire Pro, whether hosted at a Subdomain or a Custom Domain.

?Seller-Fulfilled Product? means any product or service that a Seller lists and sells through the Services and that the Seller, or a third party other than Bonfire, sources, produces, fulfills, or delivers.

?Services? means Bonfire Marketplace, Bonfire Pro, Studio, the Bonfire POS App, and any other website, application, product, or service operated by Bonfire that links to these Terms.

?Site? means any website or webpage through which the Services are offered, including www.bonfire.com, www.bonfire.com/pro, any Subdomain, and any Seller Site, including a Seller Site hosted at a Custom Domain.

?Solicitation Type A,? ?Solicitation Type B,? ?Solicitation Type C,? and ?Solicitation Type D? have the meanings given in the California Supervision of Trustees and Fundraisers for Charitable Purposes Act and its implementing regulations governing charitable fundraising platforms.

?Studio? means Bonfire?s custom design service, which is governed by the Studio Terms of Service.

?Subdomain? means a subdomain of a Bonfire domain (for example, sellername.bonfire.com) that Bonfire makes available for use with a Seller Site.

?Subscription Fee? has the meaning given in Section 23 (Bonfire Pro Subscription).

?Terms? means these Terms & Conditions (also referred to as the Terms of Use), including the General Terms, Bonfire Marketplace Terms, Bonfire Pro Terms, and Buyer Agreement, together with the Additional Terms, each as updated from time to time.

?Tip? means an optional amount a Buyer adds at checkout to an Individual Campaign, which is paid to the Organizer.

?Transaction Taxes? has the meaning given in Section 25 (Payouts for Bonfire Pro Users).

?Unclaimed Funds? means funds owed to a Seller, Beneficiary, or Charitable Organization that cannot be delivered because required account, tax, or contact information is missing, inaccurate, or out of date, or because the owner cannot be located.

?User? means any person or entity that accesses or uses the Services in any capacity, including Sellers, Organizers, Buyers, and visitors.

?User Content? means any Content that a User submits, uploads, posts, or otherwise makes available through the Services, including designs, product listings, Campaign and Seller Site descriptions, and Embedded Content.

?Volunteer Fundraising Promotion? means a solicitation, including at checkout, in which a Buyer is invited to make an Additional Donation to OCF in support of one or more Recipient Charities, as described in Section 21 (Campaigns Benefitting a Charitable Organization).

?You? and ?your? mean the person accessing or using the Services and, if that person is acting on behalf of a business, organization, or campaign, that entity as well.

General Terms

Some sections of these Terms will apply only to some of Bonfire?s Services. The Terms in this section apply to all Bonfire?s Services, including selling and buying on Bonfire Marketplace and Bonfire Pro.

1. Account Creation

You will need to create an account on Bonfire?s Site to access and use some of our Services. You will be required to submit certain information to create your account. You are responsible for all activity on your account. You may not and will not transfer or share your account with any other person or entity. You agree to take reasonable precautions in all communications and interactions with other Users and other persons with whom you communicate or interact with because of your use of Bonfire?s Services.

If you do not provide us with accurate information when registering your account, we may not be able to assist you with accessing your account. Furthermore, if we believe that your information is incorrect, we may prevent you from accessing our Site, terminate or suspend your account, or otherwise limit or restrict your use of Bonfire?s Services.

User?s Age

You must be at least eighteen (18) years old to register for or create a Bonfire Marketplace or Bonfire Pro 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 Bonfire?s Services at any time or submit any information to this Site.

By using our Services, you certify that you satisfy the age guidelines and restrictions.

2. Account Security

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.

3. User Conduct

You are responsible for all activity on your account. Please behave responsibly when using Bonfire?s Services.

Use Restrictions

You may not use the Services to and will not permit anyone else to (a) adapt, alter, modify, improve, translate, or create derivative works of Bonfire?s Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct or obtain the source code to all or any portion of Bonfire?s Sites; (c) provide any third party access to or use of a site including as part of a time-sharing, outsourcing or service bureau environment; (d) transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the operation of Bonfire?s Services; (e) attempt to test the vulnerability of Bonfire Funds, Inc?s system or network or circumvent any security or authentication measures protecting any of the Services; or (f) remove any proprietary notices or labels in documentation provided by us.

User Content

We reserve the right to delete, move or edit any content posted on Bonfire?s Sites 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 Site;
• - 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 Bonfire?s Services are 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;
• - does not contain malicious or deceptive links

You agree that you will indemnify, defend and hold harmless Bonfire Funds, Inc, 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 Bonfire?s Services that violates the above User Conduct requirements or 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 Services in breach of this Section.

You agree to abide by the Community Guidelines and Content Guidelines, which we may update at our sole discretion. It is your responsibility to check these webpages for updates. If you believe any content on our Site violates our Terms, please submit an Inappropriate Content Takedown Request.

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

Copyright/Trademark

You represent that you have all trademark rights, copyrights, rights of publicity and/or other intellectual property rights necessary to upload content on Bonfire?s Services. 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 Seller Site.

You agree that you will indemnify, defend and hold harmless Bonfire Funds, Inc, 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 associated with your use of the Bonfire Services that infringe any third party intellectual property rights.

Bonfire Funds, Inc 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 use of the Bonfire Services on our Site, 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 use of our Services is accurate and is not likely to deceive reasonable buyers; and that all funds raised will be used solely as described in any promotion of your use of the Bonfire Services.

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 Bonfire?s Sites or related to your use of the Bonfire Services;
• - upload content that infringes on the intellectual property of another person, business or organization.

We reserve the right to provide information relating to your use of our Services to buyers or law enforcement in order to establish transparency and accountability.

We may for any reason, in our sole discretion, place a hold on your account if fraudulent activity is detected.

By creating an Account on Bonfire?s Services, you agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms.

Violations of these Terms: Account Suspension, Deactivation, and Termination

Bonfire Funds, Inc has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of these Terms to the fullest extent permissible by the law. We reserve the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services, another User, or our community of Users, including deleting, delaying, or refusing to display User Content. If we believe you are abusing Bonfire?s Services, other Users, or Bonfire Funds, Inc?s employees in any way or violating these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Bonfire Marketplace and/or Bonfire Pro account(s) and access to our Services, remove your User Content from our Sites, deactivate the web pages containing your User Content, remove or demote your User Content, and take technical and/or legal steps to prevent you from accessing or using our Services.

In addition, we may, for any reason and in our sole discretion and without notice or liability, suspend, deactivate, or terminate your Bonfire Marketplace and/or Bonfire Pro account or your use of our Services, if you breach these Terms or upon any unauthorized use of your username, password or Bonfire Services account(s).

4. User?s Intellectual Property

Unless indicated otherwise, you have complete ownership of your own content and give us permission to post it on our Site.

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 Funds, Inc does not claim any ownership rights of the content you upload to Bonfire?s Services. It is your responsibility to make sure your content does not contain copyrighted material unless you have permission from the rightful owner.

We respect the intellectual property rights of others and we ask that our Users do the same. In accordance with the Digital Millennium Copyright Act (?DMCA?), located at 17 U.S.C. ? 512, and other applicable laws (to the extent the DMCA and such other laws apply), we strive to expeditiously remove any infringing material from the Services if we become aware of the same.

If you believe a user has infringed upon your rights with the content they have uploaded to our Services, we ask that you submit an intellectual property claim to us by using either our Digital Millennium Copyright Act Takedown Request Form or our Trademark Takedown Request Form.

You may also send notices to our DMCA Agent & TM Attorney:

Edward T. White
Williams Mullen
200 South 10th Street, Suite 1600
Richmond, VA 23219
Phone: 804-420-6338
Email: [email protected]

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.

5. Bonfire Funds, Inc?s Intellectual Property

Our Services, including text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, is exclusively the property of Bonfire Funds, Inc or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to Bonfire or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

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

6. 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 Site. The basic design templates are free to use.

7. Communications

By selecting to receive text message communication from us, you agree to the Text Message Terms of Service.

8. Warranty Disclaimer

ALL OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE PROVISION OF THE SITE, PRODUCTS, OR ANY SELLER SITE ARE PROVIDED ?AS IS? AND ?AS AVAILABLE? WITHOUT ANY WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE COMPATIBILITY, PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM USER CONTENT OR THIRD-PARTY SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE, CONCERNING OUR SERVICES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. THIS WAIVER INCLUDES, BUT IS NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY OF INFORMATION.

9. Indemnification

You agree to release, defend, indemnify, and hold harmless Bonfire Funds, Inc and its directors, officers, employees, agents, and representatives from and against any and all claims, liabilities, demands, complaints, lawsuits, actions, judgments, settlements, damages, losses, fines, liens, penalties, costs, and expenses (including without limitation reasonable legal and accounting fees), arising out of or in any way connected with (a) your access to or use of our Services; (b) your misuse of or reliance on any material, data, or other information (including User Content) downloaded or otherwise obtained from the Services; (c) your violation of these Terms or any other applicable Bonfire policy; (d) your submission of information or User Content; (e) your violation of or noncompliance with applicable laws or regulations; (f) your interaction with any other User of the Services; (g) your creation and listing or sale of any Seller-Fulfilled Product, or your purchase of any Seller-Fulfilled Product or Product; (h) the use of any Seller-Fulfilled Product or Product, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of the creation, listing, sale, purchase, delivery, return or use of a Seller-Fulfilled Product or Product; (i) any acts or omissions of any Buyer to whom you sell Seller-Fulfilled Products or any acts or omissions of any Sellers from whom you buy Seller-Fulfilled Products, as applicable; or (j) your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, WARRANTY, STRICT LIABILITY, OR OTHERWISE, WILL BONFIRE, ITS EMPLOYEES, DIRECTORS, AFFILIATES, LICENSORS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, LOSS OF GOODWILL, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST CONTENT OR DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF A REPRESENTATIVE OF BONFIRE HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY AGGREGATE DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO BONFIRE FOR ACCESS TO THE SITE OR APPLICABLE SELLER SITE DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM OR (II) ONE HUNDRED US DOLLARS ($100.00).

BONFIRE IS NOT A PARTY TO, AND IS NOT RESPONSIBLE FOR, ANY TRANSACTION, COMMUNICATION, OR INTERACTION BETWEEN YOU AND ANY OTHER USER, INCLUDING SELLERS, BUYERS, ORGANIZERS, DONORS, OR BENEFICIARIES. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR THIRD PARTIES, YOU RELEASE BONFIRE, ITS EMPLOYEES, DIRECTORS, AFFILIATES, LICENSORS, AGENTS, AND OTHER REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

IN CONNECTION WITH THE FOREGOING RELEASE, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE ?1542, AND ANY SIMILAR LAW IN ANY OTHER JURISDICTION, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

THE LIMITATIONS OF LIABILITY AND RELEASE SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BONFIRE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Disputes

Disputes with Other Users

You agree that you are responsible for your interactions with any other user in connection with the Services and we 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 Bonfire?s Services.

Bonfire Funds, Inc is entitled to make payouts and otherwise correspond with users involved in disputes. Alternatively, we reserve the right to withhold payouts until the dispute is resolved, at our discretion.

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

Disputes with Bonfire Funds, Inc.

Except for claims for injunctive relief, any dispute regarding these Terms and all other disputes between us and/or our officers, directors, and employees, on the one hand, and you on the other hand, will be resolved by binding 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.

12. Choice of Law & Venue

Bonfire Funds, Inc is based in the Commonwealth of Virginia. As such, all provisions of these Terms and any questions concerning its interpretation and enforcement shall be governed by the laws of the Commonwealth of Virginia, and the federal law of the United States of America, without regard to rules or principles governing conflicts of law. In the event of a dispute between you and Bonfire that cannot be adjudicated through arbitration in accordance with Section 11 (Disputes) of these Terms, you agree that jurisdiction for the dispute shall be in a federal or state court with competent jurisdiction located in Richmond, Virginia.

13. Privacy

Our Privacy Policy (https://www.bonfire.com/privacy-policy/) explains how we collect, use and disclose your personal information and protect your privacy when using our Services. By using our Services, including by browsing a Site or communicating with us or other Users through a Site, you agree that we may use your information in accordance with our Privacy Policy.

14. Notices

Notices to you may be made via either email or regular mail to the email or mailing address associated with your Bonfire Account or provided to us or a Seller by you when placing any Order on a Site.

Our Contact Information:
Bonfire Funds, Inc.
1400 W. Lombard St, Ste A - Unit 2051
Baltimore, Maryland, 21223
United States
[email protected]
(855) 537-2613

Legal notices to Bonfire, including any demand for arbitration, must be sent to the address above.

15. Term & Termination

These Terms are effective upon the earlier of (a) your creation of a Bonfire Marketplace, Bonfire Pro, or other Bonfire Services Account or (b) your first access to or use of the Services (including any Site) and will continue in effect until termination in accordance with these Terms. We may also terminate these Terms at any time and may do so immediately without notice and deny you access to our Services if, in our discretion, you fail to comply with any of these Terms.

These Terms shall terminate upon (i) the termination of your Bonfire Marketplace, Bonfire Pro, or other Bonfire Services Account or (ii) written notice by Bonfire Funds, Inc., in its sole discretion. Notwithstanding the foregoing, these Terms shall continue to apply to any user who continues use of Bonfire?s Services until deactivation or termination of such Bonfire Service.

You may terminate your Account at any time by selecting that option on the Services or by emailing us at [email protected].

You understand that, after termination of your Account or these Terms, any User Content you have provided may remain in our systems and may continue to be used by other Users of the Services, as applicable and subject to these Terms. Termination of your Account or these Terms will not affect any provision that survives termination as described in the ?Survival? subsection of Section 16 (General Provisions).

We reserve the right to change, suspend, or discontinue any of the Services for you, any or all Users, at any time, for any reason, including those laid out in our policies under these Terms. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

16. General Provisions

Additional Terms

Certain sections or pages on our Site 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.

No Joint Venture or Partnership

Bonfire Funds, Inc is an independent contractor. Bonfire does not appoint you or any other User as its employee or agent, nor do these Terms create any kind of partnership, joint venture, or other form of joint enterprise between you and Bonfire. You are not authorized to make any commitments on behalf of Bonfire.

Third-Party Websites and Services

The Services may link to, or be linked to, websites and services not maintained or controlled by Bonfire. Those links are provided as a convenience and we are not responsible for examining or evaluating the content or accuracy of, and do not warrant or endorse, any third-party website or services or any products or services made available through those websites or services. Please take care when leaving the Services to visit a third-party website or service. You should read and understand the terms of service or use and privacy policy for each website and service that you use.

Third Parties

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

No Third-Party Beneficiaries

Nothing in these Terms, express or implied, is intended or will be construed to confer upon any person other than you and us any right, remedy or claim under or by reason of these Terms.

Feedback

We welcome comments regarding the Services. If you submit comments or feedback to us regarding the Services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us at our discretion and without attribution or compensation to you.

Jury Trial and Class Action Waiver

YOU AND WE BOTH HEREBY WAIVE ALL RIGHT OR ENTITLEMENT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR RELATES IN ANY WAY HERETO OR TO SERVICES OR SITES PROVIDED HEREUNDER. ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY?S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (?CLASS ACTION?). THE PARTIES HERETO EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM.

Audit

We and our designated representatives may, at our expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Services to determine your compliance with these Terms.

Waiver

The failure of Bonfire to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.

Severability

If any provision, or portion of the provision, in these Terms is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms, and these Terms will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms.

Export Laws

We make no representations that any Bonfire Content, User Content, or any Site is appropriate or may be used or downloaded outside the United States of America. Access to a Site and/or the content thereon may not be legal in certain countries outside the United States of America. If you access a Site 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 applicable Site. 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 any data to or from the applicable Site.

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.

Assignment

All the terms and provisions of these Terms will be binding upon and inure to the benefit of the parties hereto and to their respective heirs, successors, permitted assigns and legal representatives. Bonfire will be permitted to assign these Terms without notice to you or consent from you. You will have no right to assign or otherwise transfer these Terms, or any of your rights or obligations hereunder, to any third party without Bonfire?s prior written consent, to be given or withheld in Bonfire?s sole discretion.

Survival

On termination of these Terms or your Account, all related rights and obligations under these Terms immediately terminate, except as described in this Section.

(a) Obligations arising before termination. You remain responsible for performing all of your obligations in connection with transactions entered into before termination, including Orders placed, Campaigns closed, donations made, and In-Person Sales completed. You also remain responsible for any liabilities that accrued before or as a result of termination.

(b) Provisions that survive in full. The following Sections of these Terms survive any termination or expiration of these Terms or your Account in their entirety:

• - Section 4 (User?s Intellectual Property);
• - Section 5 (Bonfire Funds, Inc?s Intellectual Property);
• - Section 8 (Warranty Disclaimer);
• - Section 9 (Indemnification);
• - Section 10 (Limitation of Liability);
• - Section 11 (Disputes);
• - Section 12 (Choice of Law & Venue);
• - Section 13 (Privacy);
• - Section 14 (Notices);
• - Section 15 (Term & Termination);
• - Section 16 (General Provisions), except as provided in subsection (d) below;
• - Section 18 (Payouts), including the Taxes, Unclaimed Personal Funds, and Unclaimed Funds for Charitable Organizations subsections;
• - Section 21 (Campaigns Benefitting a Charitable Organization), with respect to donations made before termination;
• - Section 24 (Termination of Bonfire Pro Account);
• - Section 25 (Payouts for Bonfire Pro Users), including the Taxes subsection and our right to maintain, extend, or apply holds, reserves, rolling reserves, and other risk-management controls to amounts payable to you after termination; and
• - Section 30 (Bonfire Pro Seller Indemnification).

(c) Provisions that survive in part. The following provisions survive to the extent stated:

• - Section 3 (User Conduct): your representations regarding User Content; your indemnification obligations under the User Content and Copyright/Trademark subsections; Bonfire Funds, Inc?s ownership of designs created by our designers; your obligation to cooperate with requests for evidence and our right to disclose information to buyers and law enforcement under the Fraud subsection; and our rights to investigate and refer violations under the Violations of these Terms subsection.
• - Section 6 (Design Services): the restrictions on use of Design Templates and design elements outside our Services.
• - Section 19 (Political Campaign Sellers): your responsibility to report political contributions and to return any contributions you cannot legally accept.
• - Section 20 (Charitable Organization Sellers): your responsibility for tracking and recording donations.
• - Section 22 (Creating a Seller Site): your responsibility for, and indemnification obligations relating to, Embedded Content; Bonfire?s ownership of any Subdomain; and our right to remove User Content and links from any Site at a Custom Domain.
• - Sections 27 (Bonfire-Fulfilled Products) and 28 (Seller-Fulfilled Products): all terms as they apply to products sold before termination, including your responsibility for the quality, safety, and regulatory compliance of Seller-Fulfilled Products.
• - Section 29 (In-Person Sales Using the Bonfire Point of Sale (POS) App): your responsibility for In-Person Sales, refunds, exchanges, customer disputes, and taxes Bonfire does not collect on your behalf. Your license to use the Bonfire POS App ends on termination.
• - Sections 31 through 33 (Buyer Agreement): the Placing an Order, International Orders, and Misuse subsections; the Gift Cards subsection, with respect to any outstanding Gift Card balance; and all shipping, return, exchange, refund, and dispute terms as they apply to Orders placed before termination.

(d) Audit. The Audit subsection of Section 16 (General Provisions) survives for two (2) years after termination.

(e) Other provisions. Any other provision of these Terms that, by its nature, is intended to survive termination will survive.

Bonfire Marketplace Terms

Some sections of these Terms will apply only to some of Bonfire?s Services. The Terms in this section apply to the use of the Bonfire Marketplace (www.bonfire.com)

Bonfire Marketplace provides 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 (?Buyers?). This also applies to anyone accessing the platform at any time for any reason (?Users?). Organizers, Buyers and Users will collectively be referred to as ?you?.

17. Creating a Campaign

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 Cost and your Sale Price. For more information on how to get started, please check out this helpful article from our Help Center.

18. Payouts

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.

Campaigns benefitting a Charitable Organization may require payouts to be made using Change. For more information about Giving Campaigns or if you are or want to send funds to a Charitable Organization, please review Section 21 (Campaigns Benefitting a Charitable Organization).

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 an 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].

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 Personal Funds

We make every effort to transmit funds due to each Organizer. In cases where the 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 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 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.

Unclaimed Funds for Charitable Organizations

We make every effort to transmit funds due to Charitable Organizations. Most funds are able to be sent using Change (see Section 21 (Campaigns Benefitting a Charitable Organization).

If funds are unable to be processed using Change, Bonfire may, at our sole discretion, regrant the funds to an alternate nonprofit organization.

19. Political Campaign Sellers

If you are a political campaign creator, please note the following:

• - Bonfire?s costs for the services and goods includes the value of the buyer information that Bonfire will send to you as the Political Campaign Seller.
• - Bonfire cannot provide individualized special pricing to campaign headquarters but any general discounts or sales offered on our Site shall be available to all campaign sellers.
• - Bonfire does not verify buyer information related to political contribution regulations. You as the Political Campaign Seller are responsible for ensuring contributions are lawful and properly disclosed. Bonfire provides Political Campaign Sellers with information necessary to report campaign contributions. It is the sole responsibility of the campaign to report political contributions and to return to the buyer any contributions that the campaign cannot legally accept.
• - Bonfire will not ship to any user with a shipping or billing address outside of the United States if the user purchases a shirt from a Political Campaign Seller.

20. Charitable Organization Sellers

If you are a Charitable Organization seller, please note the following:

• - We are not responsible for tracking donations. You, as the Charitable Organization seller, are responsible for carrying out those responsibilities and requirements. For example, if a user donates to your campaign through our Site or purchases a shirt through our Site, you as the Charitable Organization seller can access reports from Bonfire's dashboard with that user?s information, the amount donated, the amount paid at time of checkout and the user?s shipping address, in order for you to carry out any of your responsibilities as a non-profit organization.
• - Contributions made by Bonfire or Bonfire Sellers to OCF as a result of a Charitable Sales Promotion may result in a tax-deductible charitable contribution to the Campaign creator. Please see Section 21 (Campaigns Benefitting a Charitable Organization) for more detailed information.

21. Campaigns Benefitting a Charitable Organization

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 Site(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. The product that is chosen. Bonfire offers for sale many different product types, which have different Base Costs.

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. 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. 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. In addition, those Qualified Charities receiving any contributions from OCF may also see the specific amounts deducted by Bonfire that solicits charitable contributions on behalf of OCF or engages in charitable sales promotions benefiting OCF in the downloadable payout reports available on the nonprofit?s Bonfire dashboard. 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.

Bonfire Pro Terms

Some sections of these Terms will apply only to some of Bonfire?s Services. The Terms in this section apply to the use of Bonfire Pro (www.bonfire.com/pro)

Bonfire Pro provides a platform that allows creators, Charitable Organizations, nonprofits, businesses, or individuals who agree to these Terms of Use and any other applicable policies or regulations to offer, advertise, promote and sell on and through a custom-branded Seller Site (1) merchandise and other products sourced, fulfilled and delivered directly by the Seller (?Seller-Fulfilled Products?), and (2) apparel and other merchandise designed by the Seller and sourced, fulfilled and delivered directly by us (?Products?)

Bonfire Pro is also used by customers and supporters who choose to purchase apparel and merchandise from Seller?s Sites (?Buyers?). This also applies to anyone accessing the platform at any time for any reason (?Users?). Sellers, Buyers, and Users will collectively be referred to as ?you?.

22. Creating a Seller Site

After Account Creation, you will have the ability to bring your vision to life by creating your Seller Site. For more information on how to get started, please check out this helpful article from our Help Center.

Embedded Content and Framing

Sellers who add iframes, scripts, widgets, or other third-party code ("Embedded Content") to a Pro Seller Site are solely responsible for that Embedded Content, including any malicious code, malware, tracking technologies, or security vulnerabilities it introduces, and for ensuring it complies with applicable law, including privacy and data protection laws. Sellers who embed or frame a Bonfire Pro Seller Site on a third-party website are solely responsible for that website and may not use it to misrepresent their relationship with Bonfire, collect buyer information in connection with a Bonfire transaction, or display Bonfire content in a misleading or unlawful manner. Bonfire may remove Embedded Content, block framing, or suspend a Pro Seller Site at any time without notice, and Seller will indemnify and hold harmless Bonfire from any claims, losses, or damages arising out of Embedded Content or any third-party website on which Bonfire content is embedded.

Subdomain

Your use of the Services may include our provision of the right to use a subdomain of our Site (e.g., sellername.bonfire.com). All such subdomains are and shall remain the sole property of Bonfire and may be used by you only subject to and in accordance with these Terms. Your right to use such subdomain may be terminated by us at any time (with or without notice) for any reason or no reason at all.

Custom Domain

You may also use the Services to create and maintain your Seller Site at your own custom domain (e.g. websitename.com). Your custom domain is and shall remain your property, provided, however, that we have the right to remove any and all User Content from the applicable Site and remove any links to Bonfire?s other Services in our sole discretion.

23. Bonfire Pro Subscription

Each Seller is responsible for paying a subscription fee to use Bonfire Pro?s Services, which Seller agrees to pay monthly or annually in advance (the ?Subscription Fee?). Billing occurs at the beginning of the Subscription cycle and provides access for one month or one year after that, as applicable. By purchasing a Bonfire Pro Subscription, you acknowledge that your Bonfire Pro Subscription has recurring payment features and accept responsibility for all recurring payment obligations of your Bonfire Pro Subscription by you or Bonfire Pro.

If we change any of our Subscription Fees, we will provide you at least thirty (30) days? written notice prior to the effective date of the new Subscription Fees.

Any trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file to initiate a trial; in this case, if you do not cancel before your trial period ends, your account will be converted to a paid Bonfire Pro Subscription and charged per these Subscription Terms.

Seller is additionally liable for any other applicable fees associated with your use of the Services, including, without limitation, fees relating to any creation, marketing, sale or fulfillment of a Seller-Fulfilled Product or Product to a Buyer and fees payable to our third-party payment processor (?Additional Fees? and, together with the Subscription Fees, the ?Seller Fees.?)

Seller agrees to pay Subscription Fees in advance and Additional Fees when incurred, as determined and charged by us from time to time in our sole discretion. All Seller Fees are exclusive of applicable federal, state, local and other applicable taxes.

More information about trials and pricing can be found at https://help.bonfire.com/en/articles/15936044-product-pricing

24. Termination of Bonfire Pro Account

This section serves as additional terms to the general Bonfire Services Term & Termination section above.

Cancellation of Bonfire Pro Subscription

If you cancel your Bonfire Pro Subscription, you may use your Bonfire Pro Subscription until the end of the then-current period, and your Bonfire Pro Subscription will not be renewed after that period expires. You will not be eligible for a prorated refund of any portion of the Bonfire Pro Subscription fee paid for the then-current Bonfire Pro Subscription period. You will remain responsible for any outstanding fees for the remainder of the committed subscription period following any cancellation.

Suspension/Termination by Bonfire Pro

Bonfire Pro may immediately terminate or suspend your account and all or a portion of your ecommerce storefront without notice if:

• - your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);
• - you provide false or inaccurate information;
• - you violate these Terms, or any other Bonfire Pro rules or agreements then in effect;
• - you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or
• - if you engage in conduct that is threatening, abusive, or harassing to Bonfire Pro employees, agents, or other Bonfire Pro users.

25. Payouts for Bonfire Pro Users

All Buyer payments for Bonfire-fulfilled and Seller-fulfilled Products and Services will be processed through our third-party payment processor (currently Stripe). We are not a payment processor, money services business or other financial institution. In connection with creation of a Bonfire Pro Account, each Seller will be asked to create your own Stripe Connect account. Each Seller appoints us as your agent for the limited purpose of receiving, holding, and settling payments to you. When we receive payment for any Seller-Fulfilled Product or Products attributable to you, Stripe, as our third-party payment processor, will settle the payment to your Stripe Connect account, less the amounts owed to us, any applicable Transaction Taxes collected and remitted by us, and any applicable payment processing fees owed to Stripe, and subject to your compliance with these Terms. Your receipt of payments from Stripe may be subject to certain additional terms and conditions. We may require that you provide a Form W-9 to us prior to releasing funds.

Each Seller agrees that a Buyer payment received by us, on your behalf, satisfies the Buyer's obligations to make payment to you, regardless of whether we settle such payment to you or not. If we do not settle any such payments as described in these Terms to you, you will have recourse only against us or Stripe and not the Buyer.

You acknowledge and agree that payouts may be subject to eligibility requirements, payout schedules, delayed disbursements, retained balances, reserves, rolling reserves, holds, exposure limits, or other risk-management controls established by Bonfire. These controls may vary based on factors including, but not limited to, your account history, sales activity, fulfillment method, shipment or delivery verification, transaction volume, refund or Chargeback, and other operational, financial, or risk considerations.

Bonfire reserves the right to establish, modify, extend, or release such controls in accordance with its applicable payout policies and risk-management practices, including delaying or withholding all or a portion of amounts otherwise payable to you. Payout timing and availability of funds may vary based on these factors and applicable payment processor requirements. If you have questions regarding a hold or restriction on your payouts, please contact [email protected].

You agree at all times to conform to any and all terms and conditions, duties, and obligations arising out of, or pertinent to, your use of services provided by Stripe through or in connection with your use of our Services or the Sites.

Taxes

Except to the extent Bonfire is required by applicable law to collect and remit Transaction Taxes, each Seller is solely and fully responsible for (i) determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your pricing any applicable VAT, sales, or use tax arising from any transaction conducted using our Services (collectively, ?Transaction Taxes?); and (ii) payment of any income taxes applicable to the amount you earn through using our Services. You are responsible for reporting any such taxes. We collect tax identification information and report this to tax authorities as legally required. Tax reporting documentation for payouts made through Stripe will be provided by Stripe in accordance with all tax laws and regulations.

In jurisdictions where Bonfire is required by applicable law to act as a marketplace facilitator, Bonfire will collect and remit applicable Transaction Taxes on qualifying marketplace transactions. In other circumstances, Bonfire may facilitate the collection and/or remittance of Transaction Taxes on behalf of a Seller, as applicable. In such jurisdictions, we will remit such Transaction Taxes to the appropriate taxing authority and will provide summary reports of such collections to Seller on a periodic basis, as required by law. We may seek additional amounts from the applicable Seller or Buyer (including by deducting such amounts from future payouts to the Seller) when the Transaction Taxes collected and/or remitted are insufficient to fully discharge that Seller?s tax obligations, and you agree that your sole remedy for Transaction Taxes collected by us is a refund from the applicable tax authority. We will not collect Transaction Taxes on any transaction for which a Seller supplies us with exemption documentation acceptable to us and the applicable taxing authority. You acknowledge and agree that we retain the right, with prior notice to affected Sellers, to cease the collection and remittance of Transaction Taxes in any jurisdiction for any reason.

26. Seller Site Operational Standards

Sellers must follow all applicable legal requirements when using Bonfire Pro. Below is a non-exhaustive list of operational standards that you are expected to maintain specific to the Bonfire Pro Services that you are using. Failure to maintain these operational standards may result in listing removal, suspension, delayed payouts, reserve requirements, account restrictions, or termination at Bonfire Funds Inc's discretion. We may update these standards from time to time and your continued use of Bonfire Pro constitutes acceptance of these updates.

General Operational Standards

By using Bonfire Pro, you agree to:

• - maintain legally required business insurance applicable to the Products and Services you provide
• - follow applicable data privacy and sensitive data protection laws and regulations;
• - provide customer service contact information to your buyers. Bonfire has the right to share your contact information when we receive customer support requests;
• - market and/or offer for sale only products that you are legally allowed to sell and that do not violate these Terms & Conditions

Seller Site Operational Standards

Your seller site should contain accurate and current information. You agree to:

• - maintain your own Seller Site terms and conditions and privacy policy as required by applicable law;
• - follow Bonfire?s User Conduct policies (found in Section 3 (User Conduct);
• - maintain reasonable customer response times;
• - maintain customer facing disclosures as required by applicable law

Self-fulfilled Products and Services Operational Standards

In addition to the general Seller Site standards, you agree to:

• - maintain accurate inventory;
• - follow GPSR regulations as required;
• - follow stated processing timelines;
• - provide valid shipment tracking information with verifiable proof of delivery;
• - provide accurate fulfillment disclosures;
• - maintain commercially reasonable refund/return handling policies and procedures;
• - maintain accurate taxability classification

In-Person Point of Sale Operational Standards

You agree to:

• - maintain accurate transaction records;
• - provide accurate pricing/product information;
• - honor stated refund/return policies;
• - comply with local vendor/event requirements;
• - use approved payment infrastructure;
• - comply with applicable laws/regulations;
• - maintain accurate taxability classification

27. Bonfire-Fulfilled Products

Bonfire handles production, printing, shipping, exchanges, and returns for all Bonfire-fulfilled products. If a buyer receives a Bonfire-fulfilled item that is defective, misprinted, or damaged and reports it in accordance with our Buyer Agreement, we will resolve the issue directly with the buyer at no cost to you, and any resulting replacement or refund will not be deducted from your earnings.

This guarantee does not cover issues arising from artwork, designs, or product details you provide, including image quality, spelling errors, or inaccurate product descriptions, or from products fulfilled by you or another third party. Bonfire-fulfilled products with custom designs must adhere to our User Conduct, Intellectual Property, and Design Services Terms and Conditions.

28. Seller-Fulfilled Products

Seller-Fulfilled products are products that are marketed, sold, and fulfilled by you. Bonfire facilitates payment processing for Seller-Fulfilled products, but does not manufacture or fulfill Seller-Fulfilled products. Product quality, fulfillment timing, shipping, and seller return policies are your responsibility.

You will be able to upload images, set pricing, and list seller-fulfilled products on your Seller Site. You will receive payment for any of your Seller-Fulfilled Products purchased by a Buyer in accordance with Section 25 (Payouts for Bonfire Pro Users).

You are responsible for all aspects of the products and services you list and fulfill, including without limitation:

• - product quality and safety;
• 
  
• - fulfillment timing and shipment accuracy;
• 
  
• - accuracy of product descriptions and listings;
• 
  
• - resolution of customer-facing fulfillment issues;
• 
  
• - lawful operation of Seller's business;
• 
  
• - compliance with all applicable laws and regulations;
• 
  
• - accurate taxability classification of Seller's products and services;
• 
  
• - regulatory compliance for any restricted products or services offered by Seller; and
• 
  
• - maintaining any licenses, permits, or insurance required for Seller's products or services, including, where applicable, compliance with:
  • - the U.S. Food and Drug Administration (FDA);
  • - the Consumer Product Safety Improvement Act (CPSIA);
  • - Federal Trade Commission (FTC) requirements;
  • - State, Federal, or local regulatory government agencies;
  • - applicable labeling laws; and
  • - local health and safety requirements.

We may require additional and/or specialized insurance coverage for certain sellers, product categories, industries, sales volumes, or or risk profiles.

Prohibited and/or Restricted Product Categories

You may not list or sell products or services that fall within Bonfire Funds, Inc?s prohibited or restricted categories. Prohibited categories include, without limitation:

• - illegal products or services;
• - exploitative or abusive content;
• - malware and other destructive digital content;
• - counterfeit or infringing goods;
• - weapons or explosives;
• - controlled substances;
• - unsafe or recalled products; and
• - hate speech, extremist, or similarly prohibited content.

You agree that you may not use the Services in any way that would violate the Stripe Prohibited and Restricted Businesses list (found here: https://stripe.com/legal/restricted-businesses) including, without limitation, by marketing, promoting, offering, selling or distributing any Seller-Fulfilled Product.

Bonfire reserves the right, in its sole discretion, to:

• - restrict or redefine product categories eligible for seller-fulfilled sale;
• - require supporting documentation for any product or category;
• - require Seller to obtain and maintain insurance coverage; and
• - prohibit any product or service from being sold using our Services.

29. In-Person Sales Using the Bonfire Point of Sale (POS) App

Bonfire Funds, Inc may offer Sellers a point of sale application (the ?Bonfire POS App?) for accepting payments and recording sales of products in person. The Bonfire POS App can be found in the Apple app store at https://apps.apple.com/us/app/bonfire-point-of-sale-pos/id6756801311 and your use of the Bonfire POS App is subject to Apple?s Licensed Application End User License Agreement. In the event that there exists any inconsistency between these Terms and any additional terms that apply to the Bonfire POS App, this section shall take precedence.

Subject to these Terms, Bonfire grants you a limited, non-exclusive, non-transferable, revocable license to use the Bonfire POS App solely to conduct sales of your own products in connection with your Bonfire Services account.

In-Person Sales using the Bonfire POS App require use of Bonfire-approved payment hardware/software only (e.g., approved Stripe Terminal or similar devices/platforms). The Bonfire POS App cannot accept cash payments. GPS Location sharing with the Bonfire POS App from your device must be allowed to properly collect information for sales.

You are responsible for all sales made through the Bonfire POS App, including the accuracy of pricing, inventory, and order details; the collection and remittance of any taxes Bonfire does not collect on your behalf; handling refunds, exchanges, and customer disputes for in-person sales; and the security of any device on which the Bonfire POS App is installed.

Orders containing products fulfilled through multiple fulfillment methods may be fulfilled, shipped, taxed, refunded or returned separately.

You agree that you will not:

• - bypass approved payment systems
• - perform offline or manual payments for Bonfire Pro transactions
• - store or process cardholder data outside approved systems

Payments processed through the Bonfire POS App are handled by Bonfire?s third-party payment processors and are subject to their terms, and Bonfire is not responsible for declined, delayed, or reversed transactions.

Bonfire does not guarantee that the Bonfire POS App will be uninterrupted, error-free, or available in all locations, including where network connectivity is limited.

You may not use the Bonfire POS App to sell products prohibited under these Terms, process payments on behalf of any other person or business, or reverse engineer, modify, or interfere with the Bonfire POS App.

Bonfire may update, suspend, or discontinue the Bonfire POS App, or your access to it, at any time. All other provisions of these Terms, including the disclaimers, limitations of liability, and indemnification, apply to your use of the Bonfire POS App.

30. Bonfire Pro Seller Indemnification

Seller agrees to indemnify and hold Bonfire Funds, Inc harmless from claims arising from seller products, fulfillment, regulatory violations, intellectual property violations, or seller misconduct.

Buyer Agreement

Some sections of these Terms will apply only to some of Bonfire?s Services. The Terms in this section apply to buyers on both the Bonfire and Bonfire Pro platforms.

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.

31. General Buyer Terms

Placing an Order

Each Buyer warrants that you are authorized to use any credit card 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 and our Sellers reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, or problems identified by our risk management and fraud departments.

If your order is canceled after your credit card (or another applicable payment method) has been charged, we will issue a credit to your credit card (or another applicable payment method) in the amount of the charge. We or the applicable Seller 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 and Seller-Fulfilled Products, as well as the shipping and handling charges and applicable taxes.

International Orders

You acknowledge that the Products sold on Bonfire?s Services 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. You agree to comply with all laws applicable to the sale, purchase, shipment, delivery, receipt and use of the Products and Seller-Fulfilled Products sold using the Services.

Misuse

We have no control over any information published by a Seller on Bonfire?s Services and disclaim all liability to the fullest extent provided by applicable law. We simply do not have the resources to review all information that is published on our Sites or verify information individually for every Campaign, Stores or Seller Site.

While the Bonfire-fulfilled 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 Seller. All donations made will be at your own risk.

Content created by Sellers or other users may contain links to websites, services, or resources that are not owned or controlled by Bonfire. Bonfire does not review, endorse, or monitor these links, and clicking on them may take you away from the Bonfire Site without notice. Bonfire is not responsible for the content, accuracy, security, or practices of any linked site, including any malware, phishing, fraud, or other harmful content, and you access any linked site at your own risk. You release Bonfire from any loss or damage arising from your use of, or reliance on, any link or linked site.

If you have reason to believe that any page on our Site is fraudulent or your payment instrument was compromised, immediately contact our fraud protection department at [email protected].

A few examples of what we do NOT consider misuse:

• - Campaigns, Stores, or Seller Sites 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, Store, or Seller Site or character of the Seller.
• - Multiple Campaigns, Stores, or Seller Sites set up on behalf of a person, charity, or event.
• - Campaigns that have exceeded the sales goal set forth by the Seller.

32. Bonfire Buyers

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.

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.

Returns

For more information, please visit our Full Return Policy.

Additional Terms for Certain Campaign Types

Political Campaigns
If you choose to purchase a shirt from a Political Campaign Seller, please note the following:

• - Your purchase will be reported by the political campaign as a campaign contribution.
• - If you are purchasing a Product from a verified political campaign, then Bonfire must collect your name, occupation, and employer and provide that information to the political Organizer.
• - If you choose to donate additional funds to the campaign, you will be limited to $100 to any given Political Campaign Seller in a single transaction.
• - Political campaigns are generally prohibited from accepting contributions from corporations, nonprofits, labor organizations, and foreign nationals. Before making this purchase, you must affirm that you are an individual eligible to make U.S. political contributions.

Campaigns Benefiting Charitable Organizations
If you choose to purchase a shirt benefiting a Charitable Organization (either directly from the Charitable Organization or from a giving campaign), please note the following:

• - If you are purchasing a product that benefits a verified Charitable Organization, then Bonfire will collect your name and some additional information, such as your telephone number, occupation and employer, as well as a detailed breakdown of the purchase total, seller profit from the total and any additional donation added by you, and provide that information to the Charitable Organization and/or the seller of the campaign.
• - Contributions made by Bonfire or Bonfire Sellers to OCF as a result of a Charitable Sales Promotion does not result in any tax-deductible charitable contribution to any purchasers of products. Please see our full Giving Campaign Terms and Conditions located in Section 21 (Campaigns Benefitting a Charitable Organization).

33. Bonfire Pro Buyers

Shipment and Return of Bonfire-fulfilled Products

Bonfire-fulfilled Products will be shipped to an address designated by the Buyer as long as the address is complete. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and damage for Products passes to the Buyer 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.

For return information on Bonfire-fulfilled Products, please visit our Full Return Policy.

Shipment of Seller-Fulfilled Products

Some products available through Bonfire?s Services are produced, packaged, and shipped by Sellers rather than by Bonfire (?Seller-Fulfilled Products?).

The Seller, not Bonfire, is responsible for fulfilling and shipping Seller-Fulfilled Products, including production timelines, packaging, carrier selection, tracking, and delivery. Any estimated shipping or delivery dates are provided by the Seller and are not guaranteed by Bonfire Funds, Inc.

Returns, Exchanges, and Refunds of Seller-Fulfilled Products

Seller-Fulfilled Products are subject to the Seller?s own return, exchange, and refund policies, which may differ from our policies for Bonfire-Fulfilled Products. If you have an issue with a Seller-Fulfilled Product, including a defective, damaged, incorrect, late, or undelivered item, you must contact the Seller directly to request a resolution.

Bonfire is not the seller of Seller-Fulfilled Products and is not responsible for their quality, safety, legality, shipment, or delivery. Bonfire may, at its sole discretion, assist in communicating with a Seller or resolving a dispute, but has no obligation to do so and does not guarantee any outcome. Any disputes regarding Seller-Fulfilled Products are subject to the terms set forth in the subsection ?Disputes with Other Users? in Section 11 (Disputes) of these Terms.