OBITUARe.com Fundraising Terms & Conditions
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.
WHEN YOU USE OUR WEBSITE TO CONDUCT FUNDRAISING ACTIVITY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE FUNDRAISING TERMS & CONDITIONS.
These Fundraising Terms & Conditions (the “FTC”) are hereby effective on November 1, 2023, and will apply as an adjunct to Our Terms of Service (“ToS”), which can be found here. Our ToS and Our FTC shall be considered as being incorporated within one another by reference herein. Capitalized terms which are not defined in Our FTC shall be defined as set forth in Our ToS. In the event of an inconsistency between Our ToS and Our FTC, Our FTC shall control as it pertains to any “Fundraising Activity” conducted on Our Website, otherwise, Our ToS shall control.
We reserve the right, at Our sole discretion, to change or modify portions of Our ToS and Our FTC at any time and without notice. When We make any such modifications, we will endeavor to post the revised ToS or FTC within a reasonable period of time, and We will indicate the date of such revision, which may be a retroactive effective date that precedes the date of the posting of the revised materials. Your continued use of Our Website for any reason after the effective date of any such revision constitutes your acceptance of the new ToS or FTC. To the extent allowed by law, the English version of Our ToS and FTC, if any, shall be binding and any translation into other languages are for convenience only; in case of discrepancies between the English version of Our ToS and Our FTC and their translations, the English version shall prevail. If You do not wish to accept Our existing or any subsequently-revised ToS or FTC, You may discontinue Your use of Our Website.
If You are an “Organizer,” “Beneficiary” or “Donor” associated with a “Fundraiser” (each italicized term is defined below, and further, because an “Organizer,” “Beneficiary” and “Donor” is merely a type of User of Our Website, these parties may be referred to individually hereinafter as a “User” or collectively as the “Users”), You are contracting with Us and any of Our Affiliates subject to Our ToS and Our FTC. For the avoidance of doubt, We may apply and exercise Our rights under Our ToS and Our FTC on behalf of Us or any of Our Affiliates that We may choose in Our sole and unfettered discretion.
Definitions:The following defined terms are unique to Our FTC:
Beneficiary(ies): Beneficiary is defined as a person (or a group of people) upon whose behalf an Organizer establishes a Fundraiser. A Beneficiary is intended to be the ultimate recipient of the monies specified to be awarded thereto by a Donor as a result of Fundraising Activity undertaken for the Purpose.
Charity(ies): Charity is defined as an entity (or a group of entities) that meets the definition of a “Tax-Exempt Organization” as established by the Internal Revenue Service (“IRS”) of the United States. As it pertains to Our FTC, a Charity, if associated with a Fundraiser, is intended to be the ultimate recipient of any monies specified to be awarded thereto by a Donor. To learn more about how the IRS rules and regulations regarding Tax-Exempt Organizations go here. To search the IRS database of Tax-Exempt Organizations go here. To search Our list of those Tax-Exempt Organizations (the “List of Charities”) that may have registered with Us to participate in a Fundraiser go here.
Donation(s): Donation is the monetary value (in U.S. Dollars) of the monies conveyed by the Donor to the Fundraiser for the benefit of the Beneficiaries and Charities specified by the Donor.
Donor(s): Donor is defined as a person or entity who donates monies to a Fundraiser for the benefit of the Beneficiaries or Charities specified by the Donor.
Donor Data: Donor Data is defined as any data that We gather and store about a Donor, including, but not limited to, a Donor's name, email address, Donation amount, date of transaction, transaction identification number, and name of the Fundraiser.
Donor List(s): Donor List is defined as a report that sets forth the Donor Data for the Donors who Donate to a particular Fundraiser.
Fundraiser: Fundraiser is defined as a campaign undertaken by an Organizer, utilizing Our Website, to raise monies for the Purpose specified within the Fundraiser Application. A Fundraiser is a type of Service that We offer on Our Website.
Fundraising Activity: Fundraising Activity is defined as the aggregate interaction of Our Website and the collective engagement of an Organizer, all Donors, Beneficiaries and/or Charities to raise and dispense monies for the Purpose specified within the Fundraiser Application for the benefit of a Beneficiary or Charity.
Fundraiser Account: A Fundraiser Account is defined as the unique and secure electronic ledger, established by an Organizer with one of Our Payment Processors, for the purpose of collecting Donations in accordance with the Purpose. Donations held in a Fundraiser Account are intended to be ultimately transferred to the Beneficiary or Charity for expenditure in accordance with the Purpose.
Fundraiser Application: The Fundraiser Application is all information that We may require to be entered upon Our Website in order for an Organizer to establish a Fundraiser. The Fundraiser Application, and the information gathered thereupon and in conjunction therewith, shall be established and determined at Our sole and unfettered discretion, and the nature of the information that We require to be provided in conjunction with a Fundraiser is subject to any modifications or additional conditions that We may make or impose thereupon with or without notice to any party and irrespective as to whether or not a Fundraiser has commenced prior to when the modifications or additional conditions were imposed.
Gratuity: We do not charge any fees to start or maintain a Fundraiser on Our Website. This fact notwithstanding, a Donor may voluntarily choose to provide Us with a monetary tip in order to defray Our costs to maintain Our Website and the underlying technology platform upon which Fundraising Activity is conducted. In the event that a Donor leaves Us a Gratuity, the Gratuity is not considered a part of the Donation, and as such, We are not obligated to share the Gratuity monies with any third-party, including, but not limited to, an Organizer, Beneficiary or Charity.
Organizer(s): Organizer is defined as a person or entity who is registered as a User on Our Website, who or which establishes a Fundraiser for the Purpose specified within the Fundraiser Application for the benefit of a Beneficiary or Charity.
Payment Gateway(s): Payment Gateways are technology systems that securely transmit online payment data to a Payment Processor in order to enable the conveyance of monies from the Donor's account to an account established for the benefit of the Beneficiary or Charity. We are not a Payment Gateway and contract with third-parties to act in this role.
Payment Method(s): Payment Methods are any number of ways in which a Donor can convey monies in satisfaction of a Donation, and can include, but are not limited to, credit cards, digital wallets, direct debit, offline payment, etc.
Payment Processor(s): Payment Processors execute the Donor's intended conveyance of monies once the Payment Gateway provides the Payment Processor with the authorization to do so. A Payment Processor's scope of services includes fraud detection, chargeback management and compliance with applicable regulations. A Payment Processor may also serve the role of Payment Gateway. We are not a Payment Processor and contract with third-parties to act in this role.
Promotion(s): Promotions are defined as programs that offer an incentive to encourage an individual to take some action that the individual may not otherwise be predisposed to take, or to refrain from taking some action that the individual may otherwise have been predisposed to take. Promotions can take many forms, including, but not limited to, a contest, raffle, sweepstakes or similar activity whereby one party may receive something of value, tangible or intangible, and irrespective of the value thereof, to participate in any Fundraising Activity. No Fundraiser is allowed to include any aspect of a Promotion.
Purpose: Purpose is defined as the reason that the Organizer has established the Fundraiser. The Purpose should be set forth within the Fundraiser Application in the form of a simple statement that explains how the monies will be used for the benefit of a Beneficiary or Charity. The “Original Purpose” is defined as the first Purpose set forth in the initial Fundraiser Application as established prior to the point in time that any monies were collected relative to the Fundraiser. Any subsequent modification to the Original Purpose, if allowed after Our review thereof, may be grounds for refunding all Donations made up to the point that the Purpose was so modified.
Transaction Fee: We do not charge any fees to start or maintain a Fundraiser on Our Website. This fact notwithstanding, the Payment Gateway and Payment Processor may levy a “Transaction Fee” for their services, and any Transaction Fee charged thereby may reduce the Donation unless the Donor opts to cover the cost of the Transaction Fee.
Withdrawal(s): A Withdrawal is defined as the transfer of monies out of the Fundraiser Account to either the Beneficiary or Charity, or to a third-party on their behalf, in fulfillment of the Purpose.
Our Duties and Disclaimers Under these FTC:Our involvement in conjunction with any Fundraiser is solely to provide a technology platform to facilitate the Fundraising Activity. We are not a broker, agent, financial institution, money transmitter, creditor or Tax-Exempt Organization, and We never come into possession of any portion of a Donation. As such, We do not owe You any duties in conjunction with any Fundraising Activity that You may participate in. Our provision of a technology platform to facility the Fundraising Activity is not a solicitation of Donations by Us, and by accessing Our Website for any reason You acknowledge that We do not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization.
All information and content provided or gathered by Us on Our Website, or in conjunction with Fundraising Activity, is intended for general informational uses only, and We do not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No information or content on Our Website is intended to provide financial, legal, tax or other professional advice to You. Before making any decisions regarding any Fundraisers, Beneficiaries, Charities Donations, Donors or Organizers, You should consult Your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content available to You when You access Our Website is available to You solely at Your own risk.
We have no control over the conduct of, or any information provided by, a User who accesses Our Website, and accordingly, We hereby disclaim all liability pertaining to any Fundraising Activity to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not endorse any Fundraiser, Beneficiary, Charity, User, or Purpose and We make no guarantee, express or implied, that any Fundraiser is legitimate, that any Purpose is appropriate, or how any Donations will ultimately be spent by any third-party. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser and Your involvement therein, without limit. You are solely responsible for making the final determination as to the value and appropriateness of engaging in any Fundraising Activity.
If You access Our Website as an agent of a Beneficiary or Charity to solicit Donations on behalf thereof, You are expressly representing and warranting that: (a) You are a duly-authorized representative of the Beneficiary or Charity; and, (b) You are authorized to raise funds for the Beneficiary or Charity, and to bind the Beneficiary or Charity to these FTC; and, (c) if You are conducting a Fundraiser for a Charity that You are representing that the Charity is a Tax-Exempt Organization, and the Purpose of the Fundraiser represents a cause or activity for which the Tax-Exempt Organization is entitled to collect monies under all applicable federal, state, provincial, territorial and local laws and regulations; and, (d) all Donations will be used solely for the Purpose You have stated on the Fundraiser Application and in connection with your Fundraiser, and, (e) under no circumstances will You use Donations in a manner that is inconsistent with the Purpose.
Lastly, You authorize Us, and We reserve the right, to provide information relating to Your Fundraiser to all third-parties, including, but not limited to, Donors, Beneficiaries, Charities, Users, law enforcement or other regulatory authorities, and to assist in any manner that We deem necessary to enable an investigation of Your Fundraiser. The information that We may provide hereunder may include, but is not limited to, all aspects of the Fundraiser Application, Donor Data and Donor List.
You, as a Donor, make all Donations at Your sole and exclusive risk. You agree that a certain minimum Donation amount may apply, and that all Donations, Gratuities and Transaction Fees (irrespective of whether You choose to Donate the Transaction Fees) are final and will not be refunded unless We, in Our sole and unfettered discretion, agree to issue a partial or full refund. When You make a Donation through Our Website it is Your responsibility to understand how Your Donation will be used and to check the Fundraiser content regularly for any modifications, revisions or updates. You agree that the Transaction Fees and Gratuities, if any, can be used by the recipient for any and all purposes. If You make a Donation for the benefit of a Beneficiary or Charity You are not permitted to impose restrictions on the use of such Donation by the Beneficiary or Charity. To the extent that You make a Donation in response to an appeal for a particular Beneficiary or a particular program of a Charity, or to the extent that You purport to direct the use of Donations by a Beneficiary or Charity, any such directions shall constitute non-binding recommendations only and the Benefit and Charity shall have full discretion to determine how all Donations will be used, as long as the use aligns with the Purpose.
We do not and cannot verify the information that Users, Organizers or Beneficiaries associated with a Fundraiser may publish, nor do We represent or guarantee that Your Donations will be used in accordance with the Purpose or in accordance with applicable laws. Notwithstanding the foregoing, We take possible fraudulent activity and the misuse of funds reported to Us very seriously. You can learn more about how We protect Our User community here. If You have reason to believe that an Organizer, Beneficiary or Charity is not following these FTC or not adhering to the Purpose, You have a duty to click on the “Report Fundraiser” icon on the Fundraiser page on Our Website to alert Our team of this potential issue and We will investigate. If You would like to review in general Your options around reporting a Fundraiser for any reason, please go here.
Lastly, You authorize Us, and We reserve the right, to provide information relating to Your Fundraiser to all third-parties, including, but not limited to, Organizers, Donors, Charities, Users, law enforcement or other regulatory authorities, and to assist in any manner that We deem necessary to enable an investigation of Your Fundraiser. The information that We may provide hereunder may include, but is not limited to, all aspects of the Fundraiser Application and Your PII.
A Charity's Duties Under these FTC:If a Charity registers on Our Website, uses Our Website or accepts Donations as a result of some third-party's use of Our Website, then the Charity is representing that: (i) the Charity is a Tax-Exempt Organization and that the Charity will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States); and, (ii) if the Charity operates within the United States, including, but not limited to, accepting Donations from Donors who are located in the United States, that the Charity is registered and in good-standing with GuideStar or the IRS tax-exempt organization database which can be found here; and, and, (iii) the Charity will not provide or offer to provide goods or services in exchange for Donations, including, but not limited to, engaging in any type of Promotion to encourage Donations. Though Promotions are expressly forbidden under these FTC, in the event that a Fundraiser is determined to include any element of Promotion, irrespective of whether the Promotion benefits a Beneficiary or the Charity, the Charity agrees that the Promotion and Fundraiser will be in violation of these FTC and that We have the right to take any action against the Charity or the Fundraiser that We determine in Our sole and unfettered discretion to undertake, including, but not limited to, terminating the Fundraiser and reclaiming any monies that the Charity or any third-party may have received from the Fundraiser; and, (iv) the Charity will indemnify Us for any liability to, or claim made by, any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation received by the Charity, including, but not limited to, applicable taxes based on the Charity's net income (if any) or gross receipts.
If a Charity is listed upon Our searchable List of Charities (which can be found here) and would like to be removed therefrom, of if a Charity is not listed upon Our Searchable List of Charities and would like to be added thereto, an authorized representative of the Charity may email us at [email protected] to request that the Charity be removed from, or added to, Our database. The authorized representative of the Charity must have an email address domain that matches the domain of the Charity, and further, the email from the authorized representative of the Charity must include the authorized representative's full name, title, and phone number. Please note that if a Charity does not appear on Our List of Charities it will not be eligible to receive contributions through Our Website.
Other General Terms and Conditions:The following additional terms and conditions apply to Organizers, Donors, Beneficiaries and Charities, without limitation or exclusion, unless otherwise expressly noted herein.
Fundraiser Account Holds:From time to time, We may, in Our sole and unfettered discretion, place a hold on a Fundraiser Account (a “Hold”), restrict Withdrawal(s), initiate a reverse ACH transfer of monies withdrawn from a Fundraiser Account, secure reserves, or take similar actions to protect Our interests or the interests of any third-party. Some of the reasons that We may take such actions include, but are not limited to, Our belief or determination, in Our sole and unfettered discretion, that: (i) information provided by an Organizer is false, misleading, or fraudulent, or monies are being (or may be) used in a prohibited manner or in contravention to the Purpose; or, (ii) the monies available should be provided directly to a third-party other than the Organizer, who is entitled by law to act on behalf of the Organizer, Beneficiary or Charity; or, (iii) an Organizer, Donor, Beneficiary or Charity has violated these FTC; or, (iv) the Organizer is colluding with Donors or Charities to engage in fraudulent or deceptive activity; or, (v) there may be suspicious or fraudulent Donation activity; or, (vi) such action is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under any applicable local, state or federal laws or regulations. If You have questions about a Hold We may have placed on a Fundraiser Account associated with Your Fundraising Activity, or need information about how to resolve the Hold, please contact us via email at [email protected] .
Withdrawing Donations from a Fundraiser Account: While We strive to ensure that the Payment Processors make Withdrawals available to You in a commercially-reasonable and prompt manner, You acknowledge and agree that: (i) Withdrawals may not be available to You for use immediately; and, (ii) We do not guarantee that Withdrawals will be available to You within any specific time frame; and, (iii) We expressly disclaim any and all responsibility for any delay in Withdrawals or Your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Organizer, Beneficiary or Charity, are responsible for ensuring that the information You provide to Us for conveyance to the Payment Processors in order to process a Withdrawal, including Fundraiser Account information and the bank account information for the recipient account, is accurate and up to date.
Refunds and Chargebacks of Donations:Occasionally, a Donor may dispute the validity of a Donation by contacting Us, by contacting the Payment Processor or by contacting their Bank. We may, at any time and for any reason or no reason at all, without notice, and in Our sole and unfettered discretion, offer or issue a refund of Donation(s) with or without consulting with You, which may comprise the entire amount donated to Your Fundraiser. In no event shall We be liable to You or to any third party for any claims, damages, costs, losses, or other consequences caused by Our having issued refunds of Donations, including, but not limited to transaction or overdraft fees that may levied against any third-party's bank account as a result of a Hold or reversal that We initiate.
If Donations are refunded to the Donor for any reason, the chargebacks resulting therefrom will be deducted from monies remaining in the Fundraiser Account, or if necessary, claimed by issuance of an invoice payable by the party responsible for: (i) having withdrawn the refunded monies from the Fundraiser Account; and/or, (ii) having benefitted from the refunded monies. The Organizer, Donor or Charity, as applicable, expressly agrees that: (a) it will be responsible for relinquishing or repaying the refund back to Us if there are not adequate monies in the Fundraiser Account to cover the refund; and, (b) either We or the Payment Processor may elect to offset a future Donation to the Fundraiser rather than requesting that the Organizer, Beneficiary or Charity repay the refunded Donation.
Transaction Fees and Gratuities: We introduce You to third-party Payment Processing firms to establish, hold and administer the Fundraiser Account and to collect Donations via the various Payment Methods. You acknowledge that by contributing a Donation to a Fundraiser, as a Donor You are agreeing to retain the Payment Processor for the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these FTC as well as pursuant to any and all applicable terms and conditions set forth by the Payment Processors. For these services provided by the Payment Processor, You acknowledge and consent to the Payment Processor's fee levied against each Donation transaction, with the Payment Processor's fee being subject to change from time-to-time without notice to You. You may have the optional ability to “gross-up” Your Donation to cover the cost of the transaction fees levied by the Payment Processor if You so choose, as otherwise the Payment Processor's transaction fees will serve to reduce, on a 1:1 basis, monies that are available to Fundraiser total. In the event that the Donor chooses to pay a Gratuity to Us to help defray the cost of creating, hosting and maintaining Our Website, no other Party shall assert a claim against Our sole and unfettered right to the Gratuity, and Our right to spend the Gratuity as We see fit.
Payment Processors: We are not a Payment Processor and We do not hold any monies for any Fundraiser in any capacity.Instead, We introduce You to third-party Payment Processor partners to establish Fundraiser Accounts, to process Donations for a Fundraiser, and to facilitate Withdrawals. Establishing Fundraiser Accounts, processing of Donations, minus any applicable Transaction Fees, the remittance of Gratuities to Us, and facilitating of Withdrawals is based upon and subject to the applicable Payment Processor's procedures and terms.
In order to make a Withdrawal of monies from a Fundraiser Account, an Organizer, Beneficiary or Charity (collectively “Withdrawing Entity”) as the case may be, will be required to provide the Payment Processor with information regarding the bank account into which the Withdrawal will be deposited (the “Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and Us that any information You provide pertaining to the Fundraiser Activity, the Fundraiser Account, Withdrawing Entity and Withdrawing Account, is true and accurate, and that You are authorized to move monies into the Withdrawing Account.
By setting up a Fundraiser Account or acting in the role of an Organizer, Beneficiary or Charity, the Withdrawing Entity agrees to the processing, use, transfer and/or disclosure of data by the Payment Processors to Us pursuant to these FTC as well as pursuant to any and all applicable terms set forth by the Payment Processors. Our current Payment Processors include: Stripe, Inc. (Stripe's terms of service), and PayPal, Inc. (PayPal's terms of service).
In addition, in limited circumstances We may introduce You to PayPal and Stripe to facilitate Donations to Charities through entities affiliated with PayPal and Stripe. Any and all Donations facilitated in this manner will be deposited with a grant-giving IRS-registered 501(c)(3) public charity associated with either PayPal or Stripe (an “Affiliated Charity(ies)”). The Affiliated Charities receive Donations as the charity of record and then, to the extent they are able, transfer monies (net of Transaction Fees and Gratuities) to the ultimate Charity selected by the Organizer and identified in the Fundraiser. While the Affiliated Charities take multiple steps to attempt to convey Donations in accordance with the Donor's identified preference, the Affiliated Charities retain exclusive control over all Donations made thereto. If a Charity fails to meet the terms and conditions established by the Affiliated Charities and/or fails to meet the Affiliated Charity's due diligence standards for receipt of a Donation at any time, the Affiliated Charity may reassign the Donation in accordance with its policy here. When an Affiliated Charity receives a Donation intended to be forwarded to the ultimate Charity recipient established by the Organizer, Beneficiary or Donor, the name of the Affiliated Charity will appear on your tax receipt. In addition to be governed by these FTC, Donations made through Affiliated Charities governed by terms and conditions.
Payment Card Industry Data Security Standard:The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit card information. The primary basis for the standard is to maintain controls around cardholder data to reduce credit card fraud. Although card data is processed and stored by the Payment Processors and not by Us, We have nonetheless endeavored to achieve the highest level of PCI Compliance as a PCI DSS Level 1 Compliance Service Provider.
Prohibited Conduct: You, as the Organizer, Donor, Beneficiary and Charity as the case may be, are solely responsible for compliance with all applicable local, state and federal laws as they pertain to the Fundraiser and Fundraising Activity. You agree to fully cooperate with any request We make for evidence We deem necessary to verify Your compliance with Our Terms & Conditions, including, but not limited to, Your compliance with these FTC.
In an effort to remove doubt about what actions that You may take that would cause You to fall out of compliance with these FTC, We have identified a non-exhaustive list of examples of User Content and Fundraising Activity that is expressly prohibited by Us, and which may even cause You to incur potential criminal liability. This list is not exhaustive and We reserve the right to remove any Fundraiser and/or investigate any Organizer, Donor, Beneficiary or Charity who or which, in Our sole and unfettered discretion, violates any of Our Terms & Conditions or the terms & conditions of the Payment Processor, whether said violation is express or implied. If We investigate your User Content or any aspect of a Fundraiser with which You are associated, We may consider all publicly available material, including, but not limited to, social media postings, related news, and any other information that We, in Our sole and unfettered discretion, deem relevant to Our review. We further reserve the right, without limitation, to ban or disable Your use of Our Website, remove the offending User Content in accordance with Our Takedown Policy which can be found here, suspend or terminate Your account, stop payments to any Fundraiser, freeze or place a hold on Donations, and report You to law enforcement authorities or otherwise take appropriate legal action, including without limitation, seeking restitution on behalf of Ourselves and/or Our Users.
Without limiting the foregoing, You agree, represent, warrant and covenant the following:
A. Not to use Our Website to conduct Fundraising activity or establish or contribute to any Fundraiser with the implicit or explicit Purpose of promoting or involving:
1. the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which You are bound, including the banks, credit card issuers and debit card issuers that You utilize in connection with Fundraising Activity;
2. fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible;
3. offensive, graphic, perverse or sensitive or sexual content;
4. the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
5. drugs, narcotics, steroids, controlled substances pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices or any related equipment or paraphernalia that have either not been tested by an applicable regulatory body, or which have been found by a regulatory body to cause consumer harm;
6. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
7. knives, explosives, ammunition, firearms, or other weaponry or accessories;
8. User Content that reflects, incites or promotes behavior that We deem, in Our sole discretion, to be an abuse of power or in support of terrorism, hate, violence, harassment, bullying, discrimination, terrorist financing or intolerance of any kind reflects an abuse of power relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases;
9. the legal defense of alleged financial and violent crimes;
10. User Content that reflects suicide or self-harm;
11. publication of User Content (such as mug shots) that causes, or which could cause, reputational harm;
12. the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
13. annuities, investments, loans, equity or lottery contracts, law-away system, off-short banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services, which promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
14. the receipt or grant of cash advances or lines of credit to Yourself or to another person for a Purpose other than the Purpose clearly-stated in the Fundraiser or for credit repair or debt settlement services;
15. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
16. products or services that directly infringe or facility infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
17. the unauthorized sale or resale of goods or services;
18. any election campaigns;
19. the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment proscribed by the Organizer;
20. the collecting or providing of monies for any Purpose other than as set forth in the Fundraiser Application;
21. any other activity that We may deem, in Our sole and unfettered discretion, to: (a) be unacceptable or objectionable; or, (b) restrict or inhibit any other person from using or enjoying Our Website; or, (c) expose Us, Our employees or Users to any harm or liability of any type.
B. Not to use the Services to transmit or otherwise upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) You do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or, (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
C. Not to interfere with or disrupt servers or networks connected to or used to host Our Website or those of the Payment Processors, or features or functionality associated therewith, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to host the Website;
D. Not to harvest, collect or publish personally identifiable information of others;
E. Not to raise funds for the benefit of a minor without the express permission of the minor's guardian unless the funds are transferred into a trust, UTMA or UGMA account for the sole benefit of the minor;
F. Not to use Our Website on behalf of a third party, or post any personal data or other information about a third party, without the express consent of that third party;
G. Not to use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
H. Not to create any liability for Us or cause Us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
I. Not to gain unauthorized access to Our Website, or any account, computer system, or network connected to Our Website, by any unauthorized or illegal means;
J. Not to obtain or attempt to obtain any materials or information not intentionally made available through Our Website;
K. Not to use Our Website to post, transmit or in any way exploit any information, software or other material for commercial or non-commercial reasons, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
L. Not to transmit more request messages through Our Website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
M. Not to undertake any activity or engage in any conduct that is inconsistent with the utility of Our Website or the Purpose of the Fundraiser; or,
N. Not to attempt to undertake indirectly any of the aforementioned.
Additionally, with respect to all Donations You make or accept through Our Website, You agree and represent, warrant and covenant:
A. Not to make or accept any Donations that You know or suspect to be erroneous, suspicious or fraudulent;
B. Not to use Our Website in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
C. To maintain reasonable and standard security measures to protect any information transmitted and received through Our Website, including without limitation, adhering to any security procedures and controls required by Us from time to time;
D. To maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for Us to verify compliance with these FTC and make such records available to Us upon Our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and,
E. at Our request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by Us, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, You are connected.